§ 300.817 Reallocation of LEA funds.

Plain English summary

This section authorizes SEAs to reallocate section 619 funds away from LEAs that are either adequately providing FAPE to all children with disabilities aged three through five or have failed to obligate distributed funds. Reallocated funds must go to LEAs not adequately serving children with disabilities aged three through five, or may be retained at the State level if the State has not already reserved the maximum permitted for State-level activities.

Key requirements

• If an SEA determines that an LEA is adequately providing FAPE to all children with disabilities aged three through five years with State and local funds, the SEA may reallocate any portion of section 619 funds not needed by that LEA to other LEAs not adequately providing special education and related services to all children with disabilities aged three through five years.
• The SEA may also retain those funds for use at the State level to the extent the State has not reserved the maximum amount of funds it is permitted to reserve for State-level activities pursuant to § 300.812.
• After an SEA distributes section 619 funds to an eligible LEA that is not serving any children with disabilities aged three through five years, the SEA must determine, within a reasonable period of time prior to the end of the carryover period in 34 CFR 76.709, whether the LEA has obligated the funds.
• The SEA may reallocate any of those funds not obligated by the LEA to other LEAs in the State that are not adequately providing special education and related services to all children with disabilities aged three through five years residing in the areas served by those other LEAs.

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• children with disabilities aged three through five years

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.817