Proportionate Share / Equitable Services
Note: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.
Michael I. Inzelbuch
November 23, 2015
TOPIC: Proportionate Share / Equitable Services
Letter regarding the manner in which a local educational agency (LEA) may dedicate an amount of the LEA’s proportionate share of federal funds required to be set aside to provide equitable services to eligible children with disabilities placed by their parents in private schools (proportionate share). Specifically, whether an LEA may dedicate a portion of its proportionate share funds as a part of a settlement agreement without timely and meaningful consultation as required under 34 CFR §300.134 of the regulations implementing the IDEA.