1. (a)

   1. (1) Each LEA must spend on providing special education and related services (including direct services) to parentally placed private school children with disabilities:

      1. (A) For children aged three (3) to twenty-one (21), an amount that is the same proportion of the LEA's total subgrant under Section 611(g) of the Individuals with Disabilities Education Act as the number of private school children with disabilities aged three (3) to twenty-one (21) who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, is to the total number of children with disabilities in its jurisdiction aged three (3) to twenty-one (21); and
      2. (B) For children aged three (3) through five (5), an amount that is the same proportion of the LEA's total subgrant under Section 619(g) of the Individuals with Disabilities Education Act as the number of parentally placed private school children with disabilities aged three (3) through five (5) who are enrolled by their parents in a private, including religious, elementary school located in the school district served by the LEA, is to the total number of children with disabilities in its jurisdiction aged three (3) through five (5).
   2. (2) As described in subdivision (a)(1)(B) of this section, children aged three (3) through five (5) are considered to be parentally placed private school children with disabilities enrolled by their parents in private, including religious, elementary schools, if they are enrolled in a private school that meets the definition of elementary school in 34 C.F.R. § 300.13.
   3. (3) If an LEA has not expended for equitable services all of the funds described in subdivision (a)(1) of this section by the end of the fiscal year for which the United States Congress appropriated the funds, the LEA must obligate the remaining funds for special education and related services (including direct services) to parentally placed private school children with disabilities during a carryover period of one (1) additional year.

2. (b) Child count (calculating proportionate amount).

   1. (1) Calculating proportionate amount. In calculating the proportionate amount of federal funds to be provided for parentally placed private school children with disabilities, the LEA, after timely and meaningful consultation with representatives of private schools under 34 C.F.R. § 300.134, must conduct a thorough and complete child find process to determine the number of parentally placed children with disabilities attending private schools located in the LEA.

   2. (2)

      1. (A) Annual count of the number of parentally placed private school children with disabilities.
      2. (B) Each LEA must:

3. (i) After timely and meaningful consultation with representatives of parentally placed private school children with disabilities (consistent with 34 C.F.R. § 300.134), determine the number of parentally placed private school children with disabilities attending private schools located in the LEA; and

   1. (ii) Ensure that the count is conducted on December 1 of each year.

   2. (3) The child count must be used to determine the amount that the LEA must spend on providing special education and related services to parentally placed private school children with disabilities in the next subsequent fiscal year.

      1. (c) Expenditures for child find activities described in 34 C.F.R. § 300.131 and 6 CAR § 130-1402 may not be considered in determining whether the LEA has met the requirements of subsection (a) of this section.

         1. (d) Local educational agencies are not prohibited from providing services to private school children with disabilities in excess of those required by this part, consistent with local policy.
4. (e) Supplement, not supplant. State and local funds may supplement and in no case supplant the proportionate amount of federal funds required to be expended for parentally placed private school children with disabilities under this part.

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