The Legal Framework for the Child-Centered Special Education Process

 
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PROPORTIONATE SHARE FUNDING FOR PARENTALLY-PLACED PRIVATE SCHOOL CHILD  
 
Authorities:  20 U.S.C. §§ 1401, 1412; 34 C.F.R. Part 300; Appendix B to Part 300 - Proportionate Share Calculation; TEXAS Consolidated Application Accountability Workbook
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

ADMINISTRATION OF FUNDS




P

The local educational agency (LEA) must control and administer for the purposes consistent with the PRIVATE SCHOOLS framework:

300.144(a)
1412(a)(10)(A)(vii)


P
  • The Individuals with Disabilities Education Act (IDEA) Part B funds used to provide special education and related services to parentally-placed private school children with disabilities; and
300.144(a)
1412(a)(10)(A)(vii)


P
  • The title to materials, equipment and property purchased with IDEA Part B funds consistent with the ADMINISTRATION OF EQUIPMENT framework.

 

300.144(a)
1412(a)(10)(A)(vii)


D

Amounts to be expended for the provision of services for parentally-placed private school children must be equal to a proportionate amount of IDEA Part B funds.

300.133(a)
1412(a)(10)(A)(i)(I)


P
The LEA must comply with the USE AND DEVELOPMENT OF PERSONNEL and the HIGHLY QUALIFIED legal frameworks.


CONSULTATION




P
The LEA must consult with private school representatives and representatives of parents of parentally-placed private school children with disabilities regarding: 300.134
1412(a)(10)(A)(iii)


P
  • The determination of the proportionate amount of federal funds available to serve parentally-placed private school children with disabilities consistent with the PRIVATE SCHOOLS framework;

 

300.134(b)
1412(a)(10)(A)(iii)(II)


P
  • The determination of how the amount was calculated; and
300.134(b)
1412(a)(10)(A)(iii)(II)


P
  • A discussion of how services will be apportioned if funds are insufficient to serve all children, and how and when these decisions will be made.
300.134(d)
1412(a)(10)(A)(i)(IV)


PROPORTIONATE SHARE CALCULATION


P
After the consultation, the LEA must determine the number of parentally-placed private school children with disabilities attending private schools located in the LEA. 300.133(b)
300.133(c)(1)(i)
1412(a)(10)(A)(i)(II)
Appendix B


P
  • The LEA must ensure that the count is taken on the last Friday in October.
300.133(c)(1)(ii)
TEXAS Consolidated State Application Accountability Workbook


P
  • The LEA must use the count to determine the amount the LEA must spend on providing special education and related services to parentally-placed private school children in the next subsequent fiscal year.
300.133(c)(2)


P
For children aged three through 21, the proportionate share is the same proportion as the number of private school children with disabilities aged three through 21 who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the LEA to the total number of children with disabilities in the LEA aged three through 21. 300.133(a)(1)
1412(a)(10)(A)(i)(I)
Appendix B


P

For children aged three through five, the proportionate share is equal to the ratio of the number of parentally-placed private school children with disabilities who are enrolled by their parents in a private, including religious, elementary school located in the LEA to the total number of children with disabilities aged three through five located in the LEA.

300.133(a)(2)(i)
1412(a)(10)(A)(i)(I)
Appendix B


P

Children aged three through five are considered to be parentally-placed private school children if they are enrolled in a private school that meets the definition of elementary school as determined by State law.

300.133(a)(2)(ii)
300.13
1401(6)


P

The LEA must carry over any unused proportionate share funds for one additional year for use in providing special education and related services (including direct services) to parentally-placed private school children.  

300.133(a)(3)


P
The cost of transportation of a parentally-placed private school child from the child's school or home to a site other than the private school and from the service site to the home or private school, depending on the timing of the services, may be included in determining whether the LEA has satisfied the requirement to provide proportionate share services to the child consistent with this framework.  300.139(b)


LIMITATIONS




P
State and local funds may supplement and in no case supplant the proportionate amount of IDEA Part B funds required to be expended for parentally-placed private school children with disabilities. 300.133(d)
1412(a)(10)(A)(i)(IV)


P

The LEA must use IDEA Part B funds to meet the special education and related services needs of parentally-placed private school children with disabilities, but not for meeting:

300.141(b)


P
  • The needs of a private school; or
300.141(b)(1)


P
  • The general needs of the students enrolled in the private school.
300.141(b)(2)


P
The LEA may not use IDEA Part B funds: 300.141(a)
300.144(e)


P
  • For repairs, minor remodeling, or construction of private school facilities;
300.144(e)


P
  • To finance the existing level of instruction in a private school or to otherwise benefit the private school; and
300.141(a)


P
  • For the costs of carrying out CHILD FIND, including evaluation, to satisfy its obligation to provide proportionate share services to children with disabilities placed by their parents in private schools.

 

300.131(d)
1412(a)(10)(A)(ii)(IV)

 
 
Last Updated: Friday, July 10, 2009
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