C.F.R. » Title 34 » CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION › PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES › Subpart B—State Eligibility

34 C.F.R. § 300.132

Provision of services for parentally-placed private school children with disabilities—basic requirement

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(a) General. To the extent consistent with the number and location of children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, provision is made for the participation of those children in the program assisted or carried out under Part B of the Act by providing them with special education and related services, including direct services determined in accordance with § 300.137, unless the Secretary has arranged for services to those children under the by-pass provisions in §§ 300.190 through 300.198.

(b) Services plan for parentally-placed private school children with disabilities. In accordance with paragraph (a) of this section and §§ 300.137 through 300.139, a services plan must be developed and implemented for each private school child with a disability who has been designated by the LEA in which the private school is located to receive special education and related services under this part.

(c) Record keeping. Each LEA must maintain in its records, and provide to the SEA, the following information related to parentally-placed private school children covered under §§ 300.130 through 300.144:

(1) The number of children evaluated;

(2) The number of children determined to be children with disabilities; and

(3) The number of children served.

(Approved by the Office of Management and Budget under control numbers 1820-0030 and 1820-0600) (Authority: 20 U.S.C. 1412(a)(10)(A)(i))
Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1985–2024 · leading case: Sch. Comm. of the Town of Burlington v. Dep't of Educ., 471 U.S. 359 (1985).
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Sch. Comm. of the Town of Burlington v. Dep't of Educ., 471 U.S. 359 (1985). “See §1412(5); 34 CFR §§300.132 , 300.227, 300.307(b), 300.”
Frank G. & Dianne G., Parents of a Disabled Student, Anthony G. v. Bd. of Educ. of Hyde Park, Cent. Sch. Dist., Docket No. 04-4981-Cv, 459 F.3d 356 (2d Cir. 2006). “” The Act contemplates that such education will be provided where possible in regular public schools, with the child participating as much as possible in the same activities as non-handicapped children, but the Act also provides for placement in private schools at public expense…”
Dallas Indep. Sch. Dist. v. Woody Ex Rel. K.W., 865 F.3d 303 (5th Cir. 2017). “34 C.F.R. § 300.132 , 34 C.F.R. § 300.148 (a).”
D.C. v. Klein Indep. Sch. Dist., 711 F. Supp. 2d 739 (S.D. Tex. 2010). · cites it 2× “” (emphasis added)); 34 C.F.R. § 300.132 (giving a district, or Local Educational Agency (“LEA”), obligations with respect to “children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the…”
Dist. of Columbia v. Vinyard, 901 F. Supp. 2d 77 (D.D.C. 2012). “” See § 1412(a)(10)(A); 34 C.F.R. §§ 300.132 , 300.137-139. 8 . As specified in the order, this includes "tuition, the costs for the provision of related services!,] transportation and all other costs associated with [G.”
Fetto v. Sergi, 181 F. Supp. 2d 53 (D. Conn. 2001). “§ 1412 (5); see also 34 C.F.R. §§ 300.132 , 300.550(b). Although the statute itself does not use the term, this preference is known as the “least restrictive environment,” or LRE, in the accompanying regulations.”
Brantley Ex Rel. Brantley v. Indep. Sch. Dist. No. 625, 936 F. Supp. 649 (D. Minnesota 1996). “347 (1984)) 13 It is only logical that, to the extent compensatory educational services áre available as a remedy, compensatory education in the form of placement in a private school at public expense is appropriate relief where it is demonstrated that FAPE is not possible in…”
Block v. Dist. of Columbia, 748 F. Supp. 891 (D.D.C. 1990). “During the 1988-89 school year, pursuant to the EHA, DCPS placed and funded Stephen at the Center School, a private special education facility in Chevy Chase, Maryland. In June 1989 the Center School closed down and notified both the Blocks and DCPS.”
Moorestown Twp. Bd. of Educ. v. S.D. & C.D. ex rel. M.D., 811 F. Supp. 2d 1057 (D.N.J. 2011). “§ 1412 (a)(10); 34 C.F.R. §§ 300.132 , 300.137-139. New Jersey has its own statutes and implementing regulations for the provision of these ser *1067 viees.”
Phyllene W. Ex Rel. M.W. v. Huntsville City Bd. of Educ., 630 F. App'x 917 (11th Cir. 2015). “See 34 C.F.R. § 300.132 ; 71 Fed.Reg. 46593. Ultimately, we find that that the Board was aware that M.”
LMP Ex Rel. EP v. Sch. Bd. of Broward Cnty., 516 F. Supp. 2d 1294 (S.D. Fla. 2007). · cites it 2× “34 C.F.R. § 300.132 (a). To that end, a state's policies and procedures must ensure that "[b]y the third birthday of a child .”
L.M.P. ex rel. E.P. v. Sch. Bd., 516 F. Supp. 2d 1294 (S.D. Fla. 2007). · cites it 2× “34 C.F.R. § 300.132 (a). To that end, a state’s policies and procedures must ensure that “[b]y the third birthday of a child .”
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