C.F.R. » Title 34 » PART 76—STATE-ADMINISTERED FORMULA GRANT PROGRAMS › Subpart F—What Conditions Must Be Met by the State and Its Subgrantees?

34 C.F.R. § 76.659

Use of public school personnel

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A subgrantee may use program funds to make public personnel available in other than public facilities:

(a) To the extent necessary to provide equitable program benefits designed for students enrolled in a private school; and

(b) If those benefits are not normally provided by the private school.

(Authority: 20 U.S.C. 1221e-3 and 3474)
Notes of Decisions
Cited in 2 cases, 1997–1998 · leading case: Krista Westendorp v. Robert Wedl, 155 F.3d 992 (8th Cir. 1998).
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Krista Westendorp v. Robert Wedl, 155 F.3d 992 (8th Cir. 1998). · cites it 2× “See 34 C.F.R. § 76.659 (a), (b) (1996). Several courts have considered whether the pre-amendment version of IDEA entitled a disabled student enrolled by his parents in a private school to publicly-funded services at the private school.”
Donald B. Ex Rel. Christine B. v. Bd. of Sch. Commissioners of Mobile Cnty., 117 F.3d 1371 (11th Cir. 1997). “” 34 C.F.R. § 76.659 (a) (emphasis added). See 34 C.”
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