34 C.F.R. § 76.651
Responsibility of a State and a subgrantee
(a)(1) A subgrantee shall provide students enrolled in private schools with a genuine opportunity for equitable participation in accordance with the requirements in §§ 76.652-76.662 and in the authorizing statute and implementing regulations for a program.
(2) The subgrantee shall provide that opportunity to participate in a manner that is consistent with the number of eligible private school students and their needs.
(3) The subgrantee shall maintain continuing administrative direction and control over funds and property that benefit students enrolled in private schools.
(b)(1) A State shall ensure that each subgrantee complies with the requirements in §§ 76.651-76.662.
(2) If a State carries out a project directly, it shall comply with these requirements as if it were a subgrantee.
Notes of Decisions
Cited in 15
cases, 1991–1998 · leading case: Cefalu ex rel. Cefalu v. East Baton Rouge Par. Sch. Bd., 103 F.3d 393 (5th Cir. 1997).
Cefalu ex rel. Cefalu v. East Baton Rouge Par. Sch. Bd., 103 F.3d 393 (5th Cir. 1997). “” 34 C.F.R. § 76.651 (a)(1) & (2). The local agency is required to consult with private school students’ representatives regarding which students will receive benefits, how the students’ needs will be identified, what benefits will be provided, and how benefits will be provided.”
Heather S., by Her Nat. Parent & Next Friend, Kathy S. v. State of Wisconsin, John T. Benson, Juanita Pawlisch, 125 F.3d 1045 (7th Cir. 1997). “” 34 C.F.R. § 76.651 . The level of "equitable participation” provided to children voluntarily placed in private schools was at the discretion of the school district, and could be less than that provided to children in public schools or involuntarily placed in private schools.”
K.R., an Infant, by Her Parents & Next Friends M.R. & K.R.R., & M.R. & K.R.R. v. Anderson Cmty. Sch. Corp., 81 F.3d 673 (7th Cir. 1996). “” 34 C.F.R. § 76.651 (a)(1) & (2). It shall consult with students’ representatives regarding which children will receive benefits, what benefits they will receive, how the children’s needs will be identified, and how the benefits will be provided.”
Matthew B. Goodall, an Infant by His Father & Next Friend, Robert B. Goodall Robert B. Goodall Kathleen N. Goodall v. Stafford Cnty. Sch. Bd., 930 F.2d 363 (4th Cir. 1991). “The emphasis on provision of an opportunity is clearly stated in 34 C.F.R. § 76.651 (a)(1): A subgrantee shall provide students enrolled in private schools with a genuine opportunity for equitable participation in accordance with the requirements in §§ 76.”
Natchez-Adams Sch. Dist. v. Searing, 918 F. Supp. 1028 (S.D. Miss. 1996). “34 C.F.R. § 76.651 (a)(1). The program of benefits that a public school district provides for private school children “must be comparable in quality, scope, and opportunity for participation” to that provided for public school students.”
Peter v. Johnson, 958 F. Supp. 1383 (D. Minnesota 1997). “” 34 C.F.R. § 76.651 (a)(1), (2). In forming the program, the local education agency is to consult with appropriate representatives of students enrolled in private schools and consider which children will receive benefits; how the children’s needs will be identified; what…”
Fowler v. Unified Sch. Dist. No. 259, 107 F.3d 797 (10th Cir. 1997). “34 C.F.R. § 76.651 (a)(1) (emphasis added).”
Dreher v. Amphitheater Unified Sch. Dist., 797 F. Supp. 753 (D. Ariz. 1992). “This Court also finds the Supreme Court’s review of the policies and objectives of the Act to be of guidance: In explaining the need for federal legislation, the House Report noted that ‘no Congressional legislation has required a precise guarantee for handicapped children, i.”
Krista Westendorp v. Robert Wedl, 155 F.3d 992 (8th Cir. 1998). “451 (a) (1996); see also 34 C.F.R. § 76.651 (a)(2) (1996) (school districts "shall provide that opportunity to participate in a manner that is consistent with the number of eligible private school students and their needs").”
Donald B. Ex Rel. Christine B. v. Bd. of Sch. Commissioners of Mobile Cnty., 117 F.3d 1371 (11th Cir. 1997). “We conclude that, based on the implementing regulations for the IDEA, transportation may be “necessary”, under these or similar circumstances, if in its absence a disabled child in private school would be denied “a genuine opportunity for equitable participation in [a special…”
Nieuwenhuis v. Delavan-Darien Sch. Dist. Bd. of Educ., 996 F. Supp. 855 (E.D. Wis. 1998). “” The obligation toward students opting for private school was further defined as requiring the district to provide “a genuine opportunity for equitable participation” in services under the IDEA.”
Tribble v. Montgomery Cnty. Bd. of Educ., 798 F. Supp. 668 (M.D. Ala. 1992). “34 C.F.R. § 76.651 . The additional regulations referred to in § 300.”
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