§ 300.149 SEA responsibility for general supervision.

Plain English summary

This section requires the State Educational Agency (SEA) to maintain general supervision over all educational programs for children with disabilities within the State, ensuring compliance with IDEA Part B requirements and state educational standards. The SEA must have policies and procedures in place for monitoring and enforcement, and must also ensure compliance with McKinney-Vento requirements for homeless children. Special provisions allow the Governor to assign oversight responsibility for students in adult prisons to another public agency.

Key requirements

• The SEA is responsible for ensuring that the requirements of this part are carried out.
• Each educational program for children with disabilities administered within the State is under the general supervision of the persons responsible for educational programs for children with disabilities in the SEA.
• Each educational program for children with disabilities administered within the State meets the educational standards of the SEA (including the requirements of this part).
• In carrying out this part with respect to homeless children, the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) are met.
• The State must have in effect policies and procedures to ensure that it complies with the monitoring and enforcement requirements in §§ 300.600 through 300.602 and §§ 300.606 through 300.608.
• Part B of the Act does not limit the responsibility of agencies other than educational agencies for providing or paying some or all of the costs of FAPE to children with disabilities in the State.
• The Governor (or another individual pursuant to State law) may assign to any public agency in the State the responsibility of ensuring that the requirements of Part B of the Act are met with respect to students with disabilities who are convicted as adults under State law and incarcerated in adult prisons.

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• Other State agencies administering educational programs for children with disabilities
• Children with disabilities
• Homeless children with disabilities
• Students with disabilities convicted as adults and incarcerated in adult prisons
• Governor or designated public agency (re: incarcerated students)

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.149