1. (a) General. To the extent consistent with the number and location of children with disabilities who are enrolled by their parent in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, provision is made for the participation of those children in the program assisted or carried out under Part B of the Individuals with Disabilities Education Act by providing them with special education and related services including direct services determined in accordance with 34 C.F.R. § 300.137, unless the United States Secretary of Education has arranged for services to those children under the bypass provisions in 34 C.F.R. §§ 300.190 – 300.198.
2. (b) Services plan for parentally placed private school children with disabilities. In accordance with subsection (a) of this section and 34 C.F.R. §§ 300.137 – 300.139, a service plan must be developed and implemented for each private school child with a disability who has been designated by the LEA in which the private school is located to receive special education and related services under this section.

3. (c) Record keeping. Each LEA must maintain in its records, and provide to the SEA, the following information related to parentally placed private school children covered under 34 C.F.R. §§ 300.130 – 300.144:

   1. (1) The number of children evaluated;
   2. (2) The number of children determined to be children with disabilities; and
   3. (3) The number of children served.

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq.