PROPORTIONATE SHARE FUNDING FOR PARENTALLY-PLACED PRIVATE SCHOOL CHILD  
 
Authorities:  34 C.F.R. Part 300; Appendix B to Part 300—Proportionate Share Calculation
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
ADMINISTRATION OF FUNDS


P The local educational agency (LEA) must control and administer for the purposes consistent with PRIVATE SCHOOL CHILDREN: 300.144(a)

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)

P 300.144(a)

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)

P The LEA must comply with SPECIAL EDUCATION AND RELATED SERVICE PERSONNEL and HIGHLY QUALIFIED SPECIAL EDUCATION TEACHERS.

CONSULTATION


P The LEA must consult with private school representatives and representatives of the parents of parentally-placed private school children with disabilities regarding: 300.134

P
  • The determination of the proportionate amount of federal funds available to serve parentally-placed private school children with disabilities consistent with PRIVATE SCHOOL CHILDREN;
300.134(b)

P
  • The determination of how the amount was calculated; and
300.134(b)

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)

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)
Appendix B to Part 300

P
  • The LEA must ensure that the count is taken on the last Friday in October.
300.133(c)(1)(ii)

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 ages 3-21, the proportionate share is the same proportion as the number of private school children with disabilities ages 3-21 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 ages 3-21. 300.133(a)(1)
Appendix B to Part 300

P For children ages 3-5, 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)
Appendix B to Part 300

P Children ages 3-5 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

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)

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 children 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 DUTY, 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)

 
 
Last Updated: Tuesday, April 18, 2017