§ 300.718 Acquisition of equipment and construction or alteration of facilities.

Plain English summary

This section grants the Secretary discretionary authority to allow Part B program funds to be used for acquiring equipment or constructing/altering facilities if doing so would improve the program. Any construction or alteration funded this way must comply with either the ADA Accessibility Standards or the Uniform Federal Accessibility Standards.

Key requirements

• If the Secretary determines that a program authorized under Part B of the Act will be improved by permitting program funds to be used to acquire appropriate equipment, or to construct new facilities or alter existing facilities, the Secretary may allow the use of those funds for those purposes.
• Any construction of new facilities or alteration of existing facilities under paragraph (a) of this section must comply with the requirements of Appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the 'Americans with Disabilities Accessibility Standards for Buildings and Facilities'); or Appendix A of subpart 101-19.6 of title 41, Code of Federal Regulations (commonly known as the 'Uniform Federal Accessibility Standards').

Affected parties

• Secretary of Education
• states
• local educational agencies (LEAs)
• program administrators

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.718