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 A—General

34 C.F.R. § 300.26

Institution of higher education

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Institution of higher education—

(a) Has the meaning given the term in section 101 of the Higher Education Act of 1965, as amended, 20 U.S.C. 1021 et seq. (HEA); and

(b) Also includes any community college receiving funds from the Secretary of the Interior under the Tribally Controlled Community College or University Assistance Act of 1978, 25 U.S.C. 1801, et seq.

(Authority: 20 U.S.C. 1401(17))
Notes of Decisions
Cited in 15 cases, 2000–2008 · leading case: Indep. Sch. Dist. No. 284, Wayzata Area Schs., Wayzata, Minnesota v. A.C., by & Through Her Parent, C.C., 258 F.3d 769 (8th Cir. 2001).
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Indep. Sch. Dist. No. 284, Wayzata Area Schs., Wayzata, Minnesota v. A.C., by & Through Her Parent, C.C., 258 F.3d 769 (8th Cir. 2001). · cites it 2× “34 C.F.R. 300.26 (2000). Regulations promulgated under the statute by the United States Department of Education require that, "[i]f placement in a public or private residential program is necessary to provide special education and related services to a child with a disability,…”
Alston v. Dist. of Columbia, 439 F. Supp. 2d 86 (D.D.C. 2006). “” 34 C.F.R. § 300.26 (2006). Thus, “the IDEA clearly intends ‘current educational placement’ to encompass the whole range of services that a child needs,” not just the “physical school building a child attends.”
Catrone v. Miles, 160 P.3d 1204 (Ariz. Ct. App. 2007). “” 34 C.F.R. § 300.26 (a)(1) (July 1, 2006), renumbered as 34 C.”
I v. Maine Sch. Admin. Dist. 55, 416 F. Supp. 2d 147 (D. Me. 2006). “” 34 C.F.R. § 300.26 (b)(3). The term “related services” is defined as well in the implementing regulations: “transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education.”
Tereance D. Ex Rel. Wanda D. v. Sch. Dist. of Philadelphia, 548 F. Supp. 2d 162 (E.D. Pa. 2008). “See 34 C.F.R. § 300.26 (b)(3). It is incumbent on the district to evaluate the student’s disability and need for a FAPE.”
Bd. of Educ. of Cnty. of Kanawha v. Michael M., 95 F. Supp. 2d 600 (S.D.W. Va 2000). “34 C.F.R. § 300.26 . 7 . This logic also leads to the court’s conclusion that the burden of proving the reasonableness of a private placement falls on the parents if the school district is unable to meet its own obligation and the parents seek reimbursement for private placement.”
Fitzpatrick v. Town of Falmouth, 321 F. Supp. 2d 119 (D. Me. 2004). “See also 34 C.F.R. § 300.26 (a)(l)(i) 9 ; 4 James A.”
Stanley ex rel. M.C. v. M.S.D. of Sw. Allen Cnty. Schs., 628 F. Supp. 2d 902 (N.D. Ind. 2008). “22 (citing 64 FR 12552 and 34 C.F.R. § 300.26 ). In the same footnote, the Parents also generally reason that Lachman is inconsistent with the 2004 IDEA reauthorization.”
Johnson v. Metro Davidson Cnty. Sch. Sys., 108 F. Supp. 2d 906 (M.D. Tenn. 2000). “” 34 C.F.R. § 300.26 (b)(3). Related services are defined as “transportation and such developmental, corrective and other supportive services as are required to assist an eligible child to benefit from special education.”
Mars Area Sch. Dist. v. Laurie L., 827 A.2d 1249 (Pa. Commw. Ct. 2003). “34 C.F.R. 300.26(a) defines "special education,” in relevant part, as follows: (a) General.”
Elida Local Sch. Dist. Bd. of Educ. v. Erickson, 252 F. Supp. 2d 476 (N.D. Ohio 2003). “The applicable regulation, 34 C.F.R. § 300.26 (a)(l)(i), defines special education as "specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including [instruction provided in the classroom, in the home, in hospitals…”
Sch. Bd. v. E.S. ex rel B.S., 561 F. Supp. 2d 1282 (M.D. Fla. 2008). “1401(24) and 34 CFR 300.26(a)(i). “Thus the IDEA requires that a state pay for a disabled student’s residential placement if the student, because of his or her disability, cannot reasonably be anticipated to benefit from instruction without such a placement.”
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— 34 C.F.R. § 300.26(a) — 1 case
Mars Area Sch. Dist. v. Laurie L., 827 A.2d 1249 (Pa. Commw. Ct. 2003). “34 C.F.R. 300.26(a) defines "special education,” in relevant part, as follows: (a) General.”
— 34 C.F.R. § 300.26(a)(i) — 2 cases
Sch. Bd. v. E.S. ex rel B.S., 561 F. Supp. 2d 1282 (M.D. Fla. 2008). “1401(24) and 34 CFR 300.26(a)(i). “Thus the IDEA requires that a state pay for a disabled student’s residential placement if the student, because of his or her disability, cannot reasonably be anticipated to benefit from instruction without such a placement.”
Sch. Bd. of Lee Cnty. v. ES, 561 F. Supp. 2d 1282 (M.D. Fla. 2008).
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