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. § 300.42

Supplementary aids and services

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Supplementary aids and services means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with §§ 300.114 through 300.116.

(Authority: 20 U.S.C. 1401(33))
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2009–2021 · leading case: J.A. v. Smith Cnty. Sch. Dist., 364 F. Supp. 3d 803 (M.D. Tenn. 2019).
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J.A. v. Smith Cnty. Sch. Dist., 364 F. Supp. 3d 803 (M.D. Tenn. 2019). · cites it 2× “" 34 C.F.R. § 300.42 (emphasis added). The preference to mainstream, however, is not absolute.”
Indep. Sch. Dist. No. 12 v. Minnesota Dep't of Educ., 767 N.W.2d 478 (Minn. Ct. App. 2009). · cites it 3× “In 2006, DOE regulations were revised to expand the statutory definition of “supplementary aids and services” as follows: 34 C.F.R. § 300.42 (2008) (emphasis added to indicate new language); cf.”
Elizabeth Tveter v. Pinkerton Academy et al., 2020 DNH 193 (D.N.H. 2020). · cites it 2× “§ 1401 (33), with 34 C.F.R. § 300.42 . The definition expressly includes services offered in extracurricular and nonacademic settings, which, in turn, encompass a broad array of activities, including school athletics.”
Oskowis v. Sedona Oak-Creek Unified Sch. Dist. 9 (D. Ariz. 2019). · cites it 2× “) This is because “[u]nder 34 C.F.R. § 300.42 , ‘supplementary 12 aids and services’ mean ‘aids, services, and other supports that are provided in regular 13 education classes, other education-related settings, and in extracurricular and nonacademic 14 settings, to enable…”
Tveter v. Derry Coop. Sch. Dist. SAU 10 (D.N.H. 2020). · cites it 2× “§ 1401 (33), with 34 C.F.R. § 300.42 . The definition expressly includes services offered in extracurricular and nonacademic settings, which, in turn, encompass a broad array of activities, including school athletics.”
Price v. Commonwealth Charter Academy Cyber Sch. (E.D. Pa. 2021). “]” 34 C.F.R. § 300.42 . Again, it is plain that none of Studevan’s services were provided to T.”
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