(a) General.

1. (1) The services provided to parentally placed private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private elementary school and secondary school teachers who are providing equitable services to parentally placed private school children with disabilities do not have to meet the highly qualified special education teacher requirements of 34 C.F.R. § 300.18.
2. (2) Parentally placed private school children with disabilities may receive a different amount of services than children with disabilities in public schools.

(b) Services provided in accordance with a services plan.

1. (1) Each parentally placed private school child with a disability who has been designated to receive services under 34 C.F.R. § 300.132 and 6 CAR § 130-1403 must have a services plan that describes the specific special education and related services that the LEA will provide to the child in light of the services that the LEA has determined through the process described in 34 C.F.R. §§ 300.134 and 300.137 and 6 CAR §§ 130-1405 – 130-1406 that it will make available to parentally placed private school children with disabilities.

2. (2) The services plan must, to the extent appropriate:

   1. (A) Meet the requirements of 34 C.F.R. § 300.320 and 6 CAR § 130-808 or for a child ages three (3) through five (5), meet the requirements of 34 C.F.R. § 300.323(b) with respect to the services provided; and
   2. (B) Be developed, reviewed, and revised consistent with 34 C.F.R. §§ 300.321 – 300.324 and 6 CAR §§ 130-803 and 130-805 – 130-807.

(c) Provision of equitable services.

1. (1) The provision of services pursuant to this section and 34 C.F.R. §§ 300.139 – 300.143 must be provided:

   1. (A) By employees of a public agency; or
   2. (B) Through contract by the public agency with an:

(i) Individual;

1. (ii) Association;

   1. (iii) Agency;

      1. (iv) Organization; or
      2. (v) Other entity.

2. (2) Special education and related services provided to parentally placed private school children with disabilities, including materials and equipment, must be:

   1. (A) Secular;
   2. (B) Neutral; and
   3. (C) Nonideological.