§ 300.220 Exception for prior local plans.

Plain English summary

This section allows LEAs or State agencies to rely on previously filed policies and procedures if those documents demonstrate compliance with § 300.200 requirements, including those filed before December 3, 2004. Existing policies remain in effect until the LEA or State agency voluntarily submits modifications. However, the SEA may require modifications if statutory or regulatory amendments occur, courts issue new interpretations, or there is an official finding of noncompliance.

Key requirements

• If an LEA or a State agency described in § 300.228 has on file with the SEA policies and procedures that demonstrate that the LEA or State agency meets any requirement of § 300.200, including any policies and procedures filed under Part B of the Act as in effect before December 3, 2004, the SEA must consider the LEA or State agency to have met that requirement for purposes of receiving assistance under Part B of the Act.
• Policies and procedures submitted by an LEA or a State agency in accordance with this subpart remain in effect until the LEA or State agency submits to the SEA the modifications that the LEA or State agency determines are necessary.
• The SEA may require an LEA or a State agency to modify its policies and procedures, but only to the extent necessary to ensure the LEA's or State agency's compliance with Part B of the Act or State law, if the applicable provisions of the Act or regulations are amended after December 3, 2004.
• The SEA may require modifications if there is a new interpretation of an applicable provision of the Act by Federal or State courts.
• The SEA may require modifications if there is an official finding of noncompliance with Federal or State law or regulations.

Affected parties

• Local Educational Agencies (LEAs)
• State agencies described in § 300.228
• State Educational Agencies (SEAs)

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.220