# 34 CFR § 300.209: Treatment of charter schools and their students

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-34-300.209

## Section

- **Citation:** 34 CFR § 300.209
- **Heading:** Treatment of charter schools and their students
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 34—Education > Subtitle B—Regulations of the Offices of the Department of Education > CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION > PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES > Subpart C—Local Educational Agency Eligibility

## Text

(a) Rights of children with disabilities. Children with disabilities who attend public charter schools and their parents retain all rights under this part.
(b) Charter schools that are public schools of the LEA. (1) In carrying out Part B of the Act and these regulations with respect to charter schools that are public schools of the LEA, the LEA must—
(i) Serve children with disabilities attending those charter schools in the same manner as the LEA serves children with disabilities in its other schools, including providing supplementary and related services on site at the charter school to the same extent to which the LEA has a policy or practice of providing such services on the site to its other public schools; and
(ii) Provide funds under Part B of the Act to those charter schools—
(A) On the same basis as the LEA provides funds to the LEA's other public schools, including proportional distribution based on relative enrollment of children with disabilities; and
(B) At the same time as the LEA distributes other Federal funds to the LEA's other public schools, consistent with the State's charter school law.
(2) If the public charter school is a school of an LEA that receives funding under § 300.705 and includes other public schools—
(i) The LEA is responsible for ensuring that the requirements of this part are met, unless State law assigns that responsibility to some other entity; and
(ii) The LEA must meet the requirements of paragraph (b)(1) of this section.
(c) Public charter schools that are LEAs. If the public charter school is an LEA, consistent with § 300.28, that receives funding under § 300.705, that charter school is responsible for ensuring that the requirements of this part are met, unless State law assigns that responsibility to some other entity.
(d) Public charter schools that are not an LEA or a school that is part of an LEA. (1) If the public charter school is not an LEA receiving funding under § 300.705, or a school that is part of an LEA receiving funding under § 300.705, the SEA is responsible for ensuring that the requirements of this part are met.
(2) Paragraph (d)(1) of this section does not preclude a State from assigning initial responsibility for ensuring the requirements of this part are met to another entity. However, the SEA must maintain the ultimate responsibility for ensuring compliance with this part, consistent with § 300.149.
(Approved by the Office of Management and Budget under control number 1820-0600)
(Authority: 20 U.S.C. 1413(a)(5))

## Nearby sections

- [34 CFR § 300.200 § 300.200 Condition of assistance.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.200.md)
- [34 CFR § 300.201 § 300.201 Consistency with State policies.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.201.md)
- [34 CFR § 300.202 § 300.202 Use of amounts.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.202.md)
- [34 CFR § 300.203 § 300.203 Maintenance of effort.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.203.md)
- [34 CFR § 300.204 § 300.204 Exception to maintenance of effort.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.204.md)
- [34 CFR § 300.205 § 300.205 Adjustment to local fiscal efforts in certain fiscal years.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.205.md)
- [34 CFR § 300.206 § 300.206 Schoolwide programs under title I of the ESEA.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.206.md)
- [34 CFR § 300.207 § 300.207 Personnel development.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.207.md)
- [34 CFR § 300.208 § 300.208 Permissive use of funds.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.208.md)
- [34 CFR § 300.209 § 300.209 Treatment of charter schools and their students.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.209.md)
- [34 CFR § 300.210 § 300.210 Purchase of instructional materials.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.210.md)
- [34 CFR § 300.211 § 300.211 Information for SEA.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.211.md)
- [34 CFR § 300.212 § 300.212 Public information.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.212.md)
- [34 CFR § 300.213 § 300.213 Records regarding migratory children with disabilities.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.213.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-34-300.209. Check the current official text before relying on it. Not legal advice.