§ 300.2 Applicability of this part to State and local agencies.

Plain English summary

This section establishes the scope of applicability of 34 CFR Part 300, requiring compliance from all States receiving Part B payments and all public agencies within those States that are involved in educating children with disabilities. The regulations are binding on all public agencies providing special education and related services regardless of whether they receive Part B funding. Public agencies also retain responsibility for ensuring IDEA rights and protections for children placed in private schools or facilities.

Key requirements

• This part applies to each State that receives payments under Part B of the Act, as defined in § 300.4.
• The provisions of this part apply to all political subdivisions of the State that are involved in the education of children with disabilities.
• Are binding on each public agency in the State that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B of the Act.
• Each public agency in the State is responsible for ensuring that the rights and protections under Part B of the Act are given to children with disabilities referred to or placed in private schools and facilities by that public agency.
• Each public agency in the State is responsible for ensuring that the rights and protections under Part B of the Act are given to children with disabilities placed in private schools by their parents under the provisions of § 300.148.

Affected parties

• State educational agencies (SEAs)
• Local educational agencies (LEAs)
• Educational service agencies (ESAs)
• Public charter schools not otherwise included as LEAs or ESAs
• Other State agencies and schools (e.g., Departments of Mental Health and Welfare, State schools for children with deafness or blindness)
• State and local juvenile and adult correctional facilities
• Private schools and facilities receiving children referred or placed by public agencies
• Parents who place children in private schools under § 300.148
• Children with disabilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.2