34 C.F.R. § 300.140

Due process complaints and State complaints

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Due process not applicable, except for child find. (1) Except as provided in paragraph (b) of this section, the procedures in §§ 300.504 through 300.519 do not apply to complaints that an LEA has failed to meet the requirements of §§ 300.132 through 300.139, including the provision of services indicated on the child's services plan.

(b) Child find complaints—to be filed with the LEA in which the private school is located. (1) The procedures in §§ 300.504 through 300.519 apply to complaints that an LEA has failed to meet the child find requirements in § 300.131, including the requirements in §§ 300.300 through 300.311.

(2) Any due process complaint regarding the child find requirements (as described in paragraph (b)(1) of this section) must be filed with the LEA in which the private school is located and a copy must be forwarded to the SEA.

(c) State complaints. (1) Any complaint that an SEA or LEA has failed to meet the requirements in §§ 300.132 through 300.135 and 300.137 through 300.144 must be filed in accordance with the procedures described in §§ 300.151 through 300.153.

(2) A complaint filed by a private school official under § 300.136(a) must be filed with the SEA in accordance with the procedures in § 300.136(b).

(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(a)(10)(A))

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1996–2025 · leading case: Special Sch. Dist. No. 1 v. R.M.M. Ex Rel. O.M., 861 F.3d 769 (8th Cir. 2017).

Sort: Relevance Newest Treatment

Special Sch. Dist. No. 1 v. R.M.M. Ex Rel. O.M., 861 F.3d 769 (8th Cir. 2017). · cites it 2× “See 20 U.S.C. § 1412 (a)(10)(A)(i)(I). And if the parents of a private school student take issue with the services provided by the school district, they have no access to an impartial due process hearing.”

Brantley Ex Rel. Brantley v. Indep. Sch. Dist. No. 625, 936 F. Supp. 649 (D. Minnesota 1996). “Presently, these provisions appear at 34 C.F.R. §§ 300.140 , 300.348, 300.400-.”

Bd. of Educ. of Appoquinimink Sch. v. Johnson, 543 F. Supp. 2d 351 (D. Del. 2008). “34 C.F.R. § 300.140 (a). Rather, complaints concerning the services received by a disabled student in private school must be brought through the state administrative complaint system.”

A.H., a Minor, by & through her Grandmother & Next Friend, Sandra Davis v. Indep. Sch. Dist., 466 S.W.3d 17 (Mo. Ct. App. 2015). “”); 34 C.F.R. § 300.140 (a). 15 *29 At oral argument, D’Avis took the position that even if the child find provision does not create an individual right subject to due process procedural requirements, the existence of an ongoing obligation on the part of the District to locate,…”

The Law Off. of Philippe J. Gerschel v. New York City Dep't of Educ. (S.D.N.Y. 2025). · cites it 7× “See 34 CFR § 300.140 (a)(1). That section states that the due process procedures in 34 C.”

M.B. v. Chester Cnty. Intermediate Unit (E.D. Pa. 2022). “§ 1415 (f)(1)(A); see also 34 C.F.R. § 300.140 (stating that due process is not applicable for parentally placed private school children, “except for child find”).”

J.M.C. v. Louisiana Bd. of Elementary & Secondary Educ., 562 F. Supp. 2d 748 (M.D. La. 2008). “See 34 C.F.R. §§ 300.140 , 300.151-153, 300.507.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.