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. § 300.137

Equitable services determined

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(a) No individual right to special education and related services. No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.

(b) Decisions. (1) Decisions about the services that will be provided to parentally-placed private school children with disabilities under §§ 300.130 through 300.144 must be made in accordance with paragraph (c) of this section and § 300.134(d).

(2) The LEA must make the final decisions with respect to the services to be provided to eligible parentally-placed private school children with disabilities.

(c) Services plan for each child served under §§ 300.130 through 300.144. If a child with a disability is enrolled in a religious or other private school by the child's parents and will receive special education or related services from an LEA, the LEA must—

(1) Initiate and conduct meetings to develop, review, and revise a services plan for the child, in accordance with § 300.138(b); and

(2) Ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the LEA shall use other methods to ensure participation by the religious or other private school, including individual or conference telephone calls.

(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(a)(10)(A)) [71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61306, Oct. 30, 2007]
Notes of Decisions
Cited in 18 cases (6 in the last 5 years), 2008–2025 · leading case: P.P. Ex Rel. Michael P. v. West Chester Area School District
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P.P. Ex Rel. Michael P. v. West Chester Area School District (2009) ca3 · cites it 2× “See 34 C.F.R. §§ 300.137 , 300.138. The panel wrote that [t]he record in its entirety compels a conclusion contrary to the decision of the Hearing Officer.”
District of Columbia v. Vinyard (2012) dcd · cites it 3× “See PL’s Opp’n at 11-15 (citing, inter alia, 34 C.F.R. § 300.137 ). 11 While the Court declines to adopt a viewpoint one way or another on this issue at this early stage in the litigation, it likewise declines to find the District’s argument so unassailable as to justify denying…”
Chaya Loffman v. California Department of Education (2024) ca9 · cites it 2× “§ 1412 (a)(10)(C)(i); 34 C.F.R. § 300.137 (a) (“No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.”
J.S. v. Scarsdale Union Free School District (2011) nysd “(10)(C)(i) (providing that a local educational agency is “not require[d]” to “pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if that agency made a free appropriate public education…”
District of Columbia v. Vinyard (2013) dcd · cites it 2× “” 34 C.F.R. § 300.137 (a). Students with disabilities that are placed by their parents in private school instead may be eligible for less comprehensive “services plan.”
D.L. v. Baltimore City Board of School Commissioners (2013) ca4 “” 34 C.F.R. § 300.137 . Under Appellants’ interpretation of Section 504, however, school districts would have to provide and fully fund services that an eligible private school student requested under a Section 504 plan.”
Special School District No. 1 v. R.M.M. Ex Rel. O.M. (2017) ca8 “See 34 C.F.R. § 300.137 (a) (“No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.”
District of Columbia v. Wolfire (2014) dcd · cites it 3× “” 34 C.F.R. § 300.137 (a). The IDEA provides parents of students with disabilities the opportunity to participate in the evaluation and placement process.”
Regional School Unit 51 v. Doe (2013) med “(citing 34 C.F.R. §§ 300.137 (a), 300.140(a); MUSER § IV.”
BOARD OF EDUC. OF APPOQUINIMINK SCHOOL v. Johnson (2008) ded “As further explained by 34 C.F.R. § 300.137 , “[n]o parentally-placed private school child with a disability *358 has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.”
A.R. Ex Rel. Reese v. Santa Monica Malibu School District (2016) ca9 “34 C.F.R. § 300.137 ; Cal. Ed.Code § 56174.”
A.H., a Minor, by and through her Grandmother and Next Friend, Sandra Davis v. Independence School District (2015) moctapp “3d at 260 ; 34 C.F.R. § 300.137 (a) (“No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.”
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