34 C.F.R. § 300.176

Exception for prior State plans

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(a) General. If a State has on file with the Secretary policies and procedures approved by the Secretary that demonstrate that the State meets any requirement of § 300.100, including any policies and procedures filed under Part B of the Act as in effect before, December 3, 2004, the Secretary considers the State to have met the requirement for purposes of receiving a grant under Part B of the Act.

(b) Modifications made by a State. (1) Subject to paragraph (b)(2) of this section, policies and procedures submitted by a State in accordance with this subpart remain in effect until the State submits to the Secretary the modifications that the State determines necessary.

(2) The provisions of this subpart apply to a modification to an application to the same extent and in the same manner that they apply to the original plan.

(c) Modifications required by the Secretary. The Secretary may require a State to modify its policies and procedures, but only to the extent necessary to ensure the State's compliance with this part, if—

(1) After December 3, 2004, the provisions of the Act or the regulations in this part are amended;

(2) There is a new interpretation of this Act by a Federal court or a State's highest court; or

(3) There is an official finding of noncompliance with Federal law or regulations.

(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(c)(2) and (3))

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: PA School Boards Assoc., Inc. v. Dr. K.N. Mumin, Sec'y. of Ed. of the PA Dept. of Ed.

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PA School Boards Assoc., Inc. v. Dr. K.N. Mumin, Sec'y. of Ed. of the PA Dept. of Ed. (2024) pacommwct · cites it 2× “remain in effect until the [s]tate submits to the [USDE] the modifications that the [s]tate determines necessary[,]” 34 C.F.R. § 300.176 (b)(1), or the USDE Secretary requires the state to modify its policies and procedures.”

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