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. § 300.146

Responsibility of SEA

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Each SEA must ensure that a child with a disability who is placed in or referred to a private school or facility by a public agency—

(a) Is provided special education and related services—

(1) In conformance with an IEP that meets the requirements of §§ 300.320 through 300.325; and

(2) At no cost to the parents;

(b) Is provided an education that meets the standards that apply to education provided by the SEA and LEAs including the requirements of this part, except for § 300.156(c); and

(c) Has all of the rights of a child with a disability who is served by a public agency.

(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(a)(10)(B)) [71 FR 46753, Aug. 14, 2006, as amended at 82 FR 29759, June 30, 2017]
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2012–2025 · leading case: M.G. v. New York City Dep't of Educ., 162 F. Supp. 3d 216 (S.D.N.Y. 2016).
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M.G. v. New York City Dep't of Educ., 162 F. Supp. 3d 216 (S.D.N.Y. 2016). · cites it 2× “See 34 C.F.R. § 300.146 . . NYSED, Approved Private, Special Act, State-Operated and State-Supported Schools in New York State, http://www.”
Chaya Loffman v. California Dep't of Educ., 119 F.4th 1147 (9th Cir. 2024). “Code § 56365 (a) (citing 34 C.F.R. § 300.146 ); Cal. Educ. Code § 56366 (“It is the intent of the Legislature that the role of a nonpublic, nonsectarian school or agency shall be maintained and continued as an alternative special education service available to a local…”
Pinto v. Dist. of Columbia, 938 F. Supp. 2d 25 (D.D.C. 2013). “1995); see also 34 C.F.R. § 300.146 . If a parent disagrees with the content of the IEP, including a proposed placement, he or she may request an administrative due process hearing before an impartial hearing officer.”
D.P. Ex Rel. Maria P. v. Council Rock Sch. Dist., 482 F. App'x 669 (3rd Cir. 2012). “Compare 34 C.F.R. § 300.146 (stating a State Educational Agency (SEA) must provide a dis *673 abled student enrolled by a public agency at a private school with “special education and related services (l)[i]n conformance with an IEP .”
C.R. v. Elk Grove Unified Sch. Dist. (E.D. Cal. 2025). · cites it 5× “Nonpublic schools must meet the 4 strictures of 34 C.F.R. § 300.146 . See Cal. Educ. Code § 56365 (a).”
Mundo Verde Pub. Charter Sch. v. Dist. of Columbia (D.D.C. 2023). “Plaintiff argues that “[n]ot only does OSSE have a general responsibility for providing transportation in accordance with the IEP pursuant to its own policy and DC law, but OSSE also has explicit responsibility for ensuring that [the student] is provided special education and…”
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