14 Del. Admin. Code § 923-37.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 923-37.0 - Equitable Services Determined

37.1 No individual right to special education and related services. No parentally placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school.

37.2 Decisions: Decisions about the services that will be provided to parentally placed private school children with disabilities in Sections 30.0 through 44.0 shall be made in accordance with subsections 37.4 and 34.1.3.

37.3 The LEA shall make the final decisions with respect to the services to be provided to eligible parentally placed private school children with disabilities.

37.4 Services plan for each child served in Sections 30.0 through 44.0: If a child with a disability is enrolled in a religious or other private school by the child's parents and will receive special education or related services from an LEA, the LEA shall:

37.4.1 Initiate and conduct meetings to develop, review, and revise a services plan for the child, in accordance with subsection 38.3; and

37.4.2 Ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the LEA shall use other methods to ensure participation by the religious or other private school, including individual or conference telephone calls.

(Authority: 20 U.S.C. 1412(a)(10)(A); 14 Del.C. § 3110)

14 Del. Admin. Code § 923-37.0

26 DE Reg. 843 (4/1/2023) (final)