§ 300.223 Joint establishment of eligibility.

Plain English summary

This section allows an SEA to require an LEA to jointly establish eligibility with another LEA when the LEA cannot independently maintain programs of sufficient size and scope to meet the needs of children with disabilities. Charter schools that are LEAs cannot be compelled to jointly establish eligibility unless the State's charter school statute explicitly permits it. When joint eligibility is required, the combined funding must equal the sum of what each LEA would have individually received under § 300.705.

Key requirements

• An SEA may require an LEA to establish its eligibility jointly with another LEA if the SEA determines that the LEA will be ineligible under this subpart because the agency will not be able to establish and maintain programs of sufficient size and scope to effectively meet the needs of children with disabilities.
• An SEA may not require a charter school that is an LEA to jointly establish its eligibility under paragraph (a) of this section unless the charter school is explicitly permitted to do so under the State's charter school statute.
• If an SEA requires the joint establishment of eligibility under paragraph (a) of this section, the total amount of funds made available to the affected LEAs must be equal to the sum of the payments that each LEA would have received under § 300.705 if the agencies were eligible for those payments.

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• Charter schools that are LEAs
• Children with disabilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.223