Federal IDEA · 34 CFR Part 300 · Regulation

§ 300.175 SEA as provider of FAPE or direct services.

Plain English summary

This section establishes requirements for State Educational Agencies (SEAs) that directly provide FAPE or direct services to children with disabilities. When acting in this capacity, the SEA must comply with the same requirements applicable to LEAs under specified regulatory sections, and may use Part B funds to serve those children without being subject to the excess costs requirement.

Key requirements

  • If the SEA provides FAPE to children with disabilities, or provides direct services to these children, the agency must comply with any additional requirements of §§ 300.201 and 300.202 and §§ 300.206 through 300.226 as if the agency were an LEA
  • The SEA may use amounts that are otherwise available to the agency under Part B of the Act to serve those children without regard to § 300.202(b) (relating to excess costs)

Affected parties

  • State Educational Agencies (SEAs)
  • Children with disabilities receiving FAPE or direct services from the SEA

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.175