34 CFR 222.30 - What is “free public education”?
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§ 222.30
What is “free public education”?
In addition to the terms defined in § 222.2, the following definition applies to this part:
Free public education. (1) The term means education that is provided—
(ii)
(A)
As the complete elementary or secondary educational program as determined under State law through grade 12; and
(iii)
In a school of the local educational agency (LEA) or under a tuition arrangement with another LEA or other educational entity; and
(2)
For the purpose of paragraph (1)(i) of this definition, education is provided at public expense if—
(ii)
Federal funds, other than funds under the Act, do not provide a substantial portion of the educational program.
(3)
For the purpose of paragraph (1)(ii) of this definition, the complete elementary or secondary educational program is the program recognized by the State as meeting all requirements for elementary or secondary education for the children claimed and, except for preschool education, does not include a program that provides only—
(ii)
Genuinely reflect the applicant LEA's responsibility to provide a free public education to the children claimed under section 8003.
(5)
For the purpose of paragraph (1)(iv) of this definition, education provided under public supervision and direction means education that is provided—
(ii)
By another educational entity, over which the applicant LEA, or other public agency, exercises authority with respect to the significant aspects of the educational program for the children claimed. The Secretary considers significant aspects of the educational program to include administrative decisions relating to teachers, instruction, and curriculum.
(Authority:
20 U.S.C. 7703, 7709, 7713(6)
)
Title 34 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
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