PROPORTIONATE SHARE FUNDING FOR CHILDREN PARENTALLY-PLACED IN PRIVATE SCHOOLS

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PROPORTIONATE SHARE FUNDING FOR CHILDREN PARENTALLY-PLACED IN PRIVATE SCHOOLS

Authorities:  34 CFR Part 300; Appendix B to Part 300—Proportionate Share Calculation

 
 
 
  FEDERAL AND STATE REQUIREMENTS
 
ADMINISTRATION OF FUNDS
Practice
The local educational agency (LEA) must control and administer for the purposes consistent with the CHILDREN IN PRIVATE SCHOOLS framework: Citations:
300.144(a)
Practice
  • The Individuals with Disabilities Education Act Part B (IDEA-B) funds used to provide special education and related services to children with disabilities parentally-placed in private schools; and
 Citations:
300.144(a)
Practice
  • The title to materials, equipment, and property purchased with IDEA-B funds consistent with the ADMINISTRATION OF EQUIPMENT framework.
 Citations:
300.144(a)
Document
Amounts to be expended for the provision of services for children with disabilities parentally-placed in private schools must be equal to a proportionate amount of IDEA-B funds. Citations:
300.133(a)
Practice
The LEA must comply with the SPECIAL EDUCATION AND RELATED SERVICE PERSONNEL framework. 
 
CONSULTATION
Practice
The LEA must consult with private school representatives and representatives of the parents of children with disabilities parentally-placed in  private schools regarding: Citations:
300.134
Practice
  • The determination of the proportionate amount of federal funds available to serve children with disabilities parentally-placed in private schools consistent with the CHILDREN IN PRIVATE SCHOOLS framework;
 Citations:
300.134(b)
Practice
  • The determination of how the amount was calculated; and
 Citations:
300.134(b)
Practice
  • 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.
 Citations:
300.134(d)
 
PROPORTIONATE SHARE CALCULATION
Practice
After the consultation, the LEA must determine the number of children with disabilities parentally-placed in and attending private schools located in the LEA. Citations:
300.133(b)
300.133(c)(1)(i)
Appendix B to Part 300
Practice
  • The LEA must ensure that the count is taken on the last Friday in October.
 Citations:
300.133(c)(1)(ii)
Practice
  • The LEA must use the count to determine the amount the LEA must spend on providing special education and related services to children with disabilities parentally-placed in private schools in the next subsequent fiscal year.
 Citations:
300.133(c)(2)
Practice
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. Citations:
300.133(a)(1)
Appendix B to Part 300
Practice
For children ages 3-5, the proportionate share is equal to the ratio of the number of children with disabilities parentally-placed in private schools who are enrolled by their parents in private, including religious, elementary schools located in the LEA to the total number of children with disabilities ages 3-5 located in the LEA. Citations:
300.133(a)(2)(i)
Appendix B to Part 300
Practice

Children ages 3-5 are considered to be children with disabilities parentally-placed in private schools if they are enrolled in a private school that meets the definition of elementary school as determined by state law.

 Citations:
300.133(a)(2)(ii)
300.13
Practice
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 children with disabilities parentally-placed in private schools. Citations:
300.133(a)(3)
Practice
The cost of transportation of a child with a disability parentally-placed in a private school 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. Citations:
300.139(b)
 
LIMITATIONS
Practice
State and local funds may supplement and in no case supplant the proportionate amount of IDEA-B funds required to be expended for children with disabilities parentally-placed in private schools. Citations:
300.133(d)
Practice
The LEA must use IDEA-B proportionate share funds to meet the special education and related services needs of children with disabilities parentally-placed in private schools, but not for meeting: Citations:
300.141(b)
Practice
  • The needs of a private school; or
 Citations:
300.141(b)(1)
Practice
  • The general needs of the children enrolled in the private school.
 Citations:
300.141(b)(2)
Practice
The LEA may not use IDEA-B proportionate share funds: Citations:
300.141(a)
300.144(e)
Practice
  • For repairs, minor remodeling, or construction of private school facilities;
Citations:
300.144(e)
Practice
  • To finance the existing level of instruction in a private school or to otherwise benefit the private school; and
 Citations:
300.141(a)
Practice
  • For the costs of carrying out requirements of the CHILD FIND DUTY framework, including individual evaluations, to satisfy its obligation to provide proportionate share services to children with disabilities placed by their parents in private schools.
 Citations:
300.131(d)
  Last Updated : Mon, Nov 28, 2022