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. § 300.175

SEA as provider of FAPE or direct services

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If the SEA provides FAPE to children with disabilities, or provides direct services to these children, the agency—

(a) 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; and

(b) 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).

(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(b))
Notes of Decisions
Cited in 1 case, 2007–2007 · leading case: Ellenberg Ex Rel. S.E. v. New Mexico Military Inst., 478 F.3d 1262 (10th Cir. 2007).
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Ellenberg Ex Rel. S.E. v. New Mexico Military Inst., 478 F.3d 1262 (10th Cir. 2007). “34 C.F.R. § 300.175 . When parents believe their child is not being provided a FAPE in the least restrictive environment, they are entitled to an impartial due process hearing, conducted by either the SEA or the LEA as determined by state law.”
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