C.F.R. » Title 34 » CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION › PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES › Subpart B—State Eligibility

34 C.F.R. § 300.149

SEA responsibility for general supervision

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(a) The SEA is responsible for ensuring—

(1) That the requirements of this part are carried out; and

(2) That each educational program for children with disabilities administered within the State, including each program administered by any other State or local agency (but not including elementary schools and secondary schools for Indian children operated or funded by the Secretary of the Interior)—

(i) Is under the general supervision of the persons responsible for educational programs for children with disabilities in the SEA; and

(ii) Meets the educational standards of the SEA (including the requirements of this part).

(3) 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.

(b) 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.

(c) 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.

(d) Notwithstanding paragraph (a) of this section, 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.

(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(a)(11); 1416)
Notes of Decisions
Cited in 4 cases, 2007–2018 · leading case: I.L. ex rel. Taylor v. Knox Cnty. Bd. of Educ., 257 F. Supp. 3d 946 (E.D. Tenn. 2017).
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I.L. ex rel. Taylor v. Knox Cnty. Bd. of Educ., 257 F. Supp. 3d 946 (E.D. Tenn. 2017). “34 C.F.R. §§ 300.149 (a)(1), 300.504. Whether the Department has done so is disputed.”
Blunt v. Lower Merion Sch. Dist., 559 F. Supp. 2d 548 (E.D. Pa. 2008). “34 C.F.R. § 300.149 . This responsibility includes ensuring that the Lower Merion School District appropriately carries out the demands of the IDEA.”
Hester v. Dist. of Columbia, 505 F.3d 1283 (D.C. Cir. 2007). “§ 1412 (a)(ll)(C); 34 C.F.R. § 300.149 . Because Maryland officials made it impracticable for D.”
S.P. ex rel. M.P. v. Knox Cnty. Bd. of Educ., 329 F. Supp. 3d 584 (E.D. Tenn. 2018). · cites it 2× “§ 1412 , 1413 ; 34 C.F.R. § 300.149 (a)(1). Accordingly, the court finds TDOE's argument that it can only be liable for failing to provide a FAPE is without merit.”
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