Delaware Administrative Code
Title 14 - Education
900 - Special Populations
923 - Children with Disabilities Subpart B General Duties and Eligibility of Agencies
Section 923-38.0 - Equitable Services Provided

Universal Citation: 14 DE Admin Code 923-38.0

Current through Register Vol. 28, No. 3, September 1, 2024

38.1 General: The services provided to parentally placed private school children with disabilities shall 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 under the definition in 14 DE Admin. Code 922, Section 3.0.

38.2 Parentally placed private school children with disabilities may receive a different amount of services than children with disabilities in public schools.

38.3 Services provided in accordance with a services plan: Each parentally placed private school child with a disability who has been designated to receive services in Section 32.0 shall 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 Sections 34.0 and 37.0, it will make available to parentally placed private school children with disabilities.

38.3.1 The services plan shall, to the extent appropriate meet the requirements of 14 DE Admin. Code 925, Section 20.0 (or for a child ages 3 through 5, meet the requirements of 14 DE Admin. Code 925, Section 23.0) with respect to the services provided; and be developed, reviewed, and revised consistent with 14 DE Admin. Code 925, Sections 21.0 through 24.0.

38.4 Provision of equitable services: The provision of services pursuant to this section and Sections 39.0 through 43.0 shall be provided by employees of a public agency; or through contract by the public agency with an individual, association, agency, organization, or other entity.

38.5 Special education and related services provided to parentally placed private school children with disabilities, including materials and equipment, shall be secular, neutral, and non ideological.

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

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