§ 300.227 Direct services by the SEA.

Plain English summary

This section requires SEAs to step in and directly provide special education and related services to children with disabilities when an LEA or State agency fails to meet eligibility requirements, cannot maintain FAPE programs, refuses consolidation, or when children are better served by a regional or State program. The SEA may deliver these services directly, by contract, or through other arrangements, and is exempt from the excess cost requirements that otherwise apply to LEAs. Services must be provided in accordance with Part 300 but may be delivered at locations the SEA deems appropriate, including regional or State centers.

Key requirements

• An SEA must use the payments that would otherwise have been available to an LEA or to a State agency to provide special education and related services directly to children with disabilities residing in the area served by that LEA, or for whom that State agency is responsible, if the SEA determines that the LEA or State agency has not provided the information needed to establish eligibility or elected not to apply for its Part B allotment under Part B of the Act
• An SEA must provide direct services if the LEA or State agency is unable to establish and maintain programs of FAPE that meet the requirements of this part
• An SEA must provide direct services if the LEA or State agency is unable or unwilling to be consolidated with one or more LEAs in order to establish and maintain the programs
• An SEA must provide direct services if one or more children with disabilities can best be served by a regional or State program or service delivery system designed to meet the needs of these children
• The SEA may provide special education and related services directly, by contract, or through other arrangements
• The excess cost requirements of § 300.202(b) do not apply to the SEA
• The SEA may provide special education and related services in the manner and at the locations (including regional or State centers) as the SEA considers appropriate
• The education and services must be provided in accordance with this part

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• State agencies responsible for children with disabilities
• Children with disabilities
• Regional or State program administrators

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.227