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. § 300.141

Requirement that funds not benefit a private school

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(a) An LEA may not use funds provided under section 611 or 619 of the Act to finance the existing level of instruction in a private school or to otherwise benefit the private school.

(b) The LEA must use funds provided under Part B of the Act to meet the special education and related services needs of parentally-placed private school children with disabilities, but not for meeting—

(1) The needs of a private school; or

(2) The general needs of the students enrolled in the private school.

(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 1 case, 2003–2003 · leading case: Bitsilly Ex Rel. Denet-Yazzie v. Bureau of Indian Affairs, 253 F. Supp. 2d 1257 (D.N.M. 2003).
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Bitsilly Ex Rel. Denet-Yazzie v. Bureau of Indian Affairs, 253 F. Supp. 2d 1257 (D.N.M. 2003). “, § 1412(11); 34 C.F.R. § 300.141 , even if the SEA must provide the services itself.”
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