§ 300.607 Divided State agency responsibility.

Plain English summary

This section addresses how federal corrective action and funding penalties are applied when a public agency other than the SEA is responsible for ensuring IDEA Part B compliance for children with disabilities convicted as adults and incarcerated in adult prisons. It requires that any reduction or withholding of federal payments be proportionate to the affected population and limits withholding strictly to the specific agency that failed to comply. The Secretary retains authority to take corrective action against the responsible public agency rather than the SEA in such cases.

Key requirements

• If responsibility for ensuring Part B requirements are met for children with disabilities convicted as adults and incarcerated in adult prisons is assigned to a public agency other than the SEA pursuant to § 300.149(d), and the Secretary finds noncompliance related to that agency's failure, the Secretary takes appropriate corrective action.
• Any reduction or withholding of payments to the State under § 300.604 must be proportionate to the total funds allotted under section 611 of the Act to the State as the number of eligible children with disabilities in adult prisons under the supervision of the other public agency is proportionate to the number of eligible individuals with disabilities in the State under the supervision of the SEA.
• Any withholding of funds under § 300.604 must be limited to the specific agency responsible for the failure to comply with Part B of the Act.

Affected parties

• State Educational Agencies (SEAs)
• Other designated public agencies responsible for incarcerated youth
• Children with disabilities convicted as adults and incarcerated in adult prisons
• U.S. Secretary of Education
• State governments

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.607