§ 300.224 Requirements for establishing eligibility.

Plain English summary

This section establishes requirements for LEAs seeking joint eligibility under IDEA, requiring them to adopt consistent policies and procedures and share responsibility for implementing Part B programs. It also outlines the distinct obligations of educational service agencies (ESAs) required by State law to carry out Part B programs, clarifying that ESAs alone administer and disburse payments and carry out joint responsibilities. Regardless of other provisions, ESAs must ensure children with disabilities are educated in the least restrictive environment per § 300.112.

Key requirements

• LEAs that establish joint eligibility must adopt policies and procedures that are consistent with the State's policies and procedures under §§ 300.101 through 300.163, and §§ 300.165 through 300.174
• LEAs that establish joint eligibility must be jointly responsible for implementing programs that receive assistance under Part B of the Act
• If an educational service agency is required by State law to carry out programs under Part B of the Act, joint responsibilities do not apply to the administration and disbursement of any payments received by that educational service agency
• If an educational service agency is required by State law to carry out programs under Part B of the Act, joint responsibilities must be carried out only by that educational service agency
• An educational service agency must provide for the education of children with disabilities in the least restrictive environment, as required by § 300.112

Affected parties

• Local Educational Agencies (LEAs)
• Educational Service Agencies (ESAs)
• Children with disabilities
• State educational agencies

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.224