§ 300.144 Property, equipment, and supplies.

Plain English summary

This section governs how public agencies must manage property, equipment, and supplies purchased with IDEA Part B funds used to serve private school children. Public agencies must retain control and title over such items, ensure they are used exclusively for Part B purposes, and remove them when no longer needed or if misuse is at risk. IDEA funds may not be used for repairs, remodeling, or construction of private school facilities.

Key requirements

• A public agency must control and administer the funds used to provide special education and related services under §§ 300.137 through 300.139, and hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes provided in the Act.
• The public agency may place equipment and supplies in a private school for the period of time needed for the Part B program.
• The public agency must ensure that the equipment and supplies placed in a private school are used only for Part B purposes.
• The public agency must ensure that equipment and supplies placed in a private school can be removed from the private school without remodeling the private school facility.
• The public agency must remove equipment and supplies from a private school if the equipment and supplies are no longer needed for Part B purposes.
• The public agency must remove equipment and supplies from a private school if removal is necessary to avoid unauthorized use of the equipment and supplies for other than Part B purposes.
• No funds under Part B of the Act may be used for repairs, minor remodeling, or construction of private school facilities.

Affected parties

• public agencies
• local educational agencies (LEAs)
• private schools
• private school children with disabilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.144