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U.S. Department of Education: Promoting Educational Excellence for all Americans

Definition of parentally-placed private school children with disabilities (Sec. 300.130)

Comment: A few commenters recommended removing "or facilities" from the definition of parentally-placed private school children because it is not defined in the Act or the regulations. Another commenter recommended including a definition of "facilities."

Discussion: Under section 612(a)(10)(A) of the Act, the obligation to conduct child find and provide equitable services extends to children who are enrolled by their parents in private elementary schools and secondary schools. This obligation also applies to children who have been enrolled by their parents in private facilities if those facilities are elementary schools or secondary schools, as defined in subpart A of the regulations. Because facilities that meet the definition of elementary school or secondary school are covered under this section, we believe it is important to retain the reference to facilities in these regulations. We will, however, revise Sec. 300.130 to clarify that children with disabilities who are enrolled by their parents in facilities that meet the definition of elementary school in Sec. 300.13 or secondary school in new Sec. 300.36 (proposed Sec. 300.35) would be considered parentally-placed private school children with disabilities.

Changes: Section 300.130 has been revised to clarify that parentally-placed private school children with disabilities means children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of an elementary school in Sec. 300.13 or secondary school in Sec. 300.36.