§ 300.28 Local educational agency.

Plain English summary

This section defines 'Local Educational Agency' (LEA) as a public board of education or other public authority that administers or directs public elementary or secondary schools within a state. The definition includes educational service agencies, public nonprofit charter schools established as LEAs under state law, and Bureau of Indian Affairs funded schools under specific conditions. BIA-funded schools are included only when doing so grants eligibility for programs not otherwise available and the school meets a minimum student population threshold.

Key requirements

• Local educational agency or LEA means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools.
• The term includes an educational service agency, as defined in § 300.12.
• The term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school, including a public nonprofit charter school that is established as an LEA under State law.
• The term includes an elementary school or secondary school funded by the Bureau of Indian Affairs, and not subject to the jurisdiction of any SEA other than the Bureau of Indian Affairs, but only to the extent that the inclusion makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the LEA receiving assistance under the Act with the smallest student population.

Affected parties

• Local educational agencies (LEAs)
• Educational service agencies
• Public nonprofit charter schools
• Bureau of Indian Affairs funded schools
• State educational agencies (SEAs)

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.28