34 C.F.R. § 300.220

Exception for prior local plans

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(a) General. If an LEA or a State agency described in § 300.228 has on file with the SEA policies and procedures that demonstrate that the LEA or State agency meets any requirement of § 300.200, including any policies and procedures filed under Part B of the Act as in effect before December 3, 2004, the SEA must consider the LEA or State agency to have met that requirement for purposes of receiving assistance under Part B of the Act.

(b) Modification made by an LEA or State agency. Subject to paragraph (c) of this section, policies and procedures submitted by an LEA or a State agency in accordance with this subpart remain in effect until the LEA or State agency submits to the SEA the modifications that the LEA or State agency determines are necessary.

(c) Modifications required by the SEA. The SEA may require an LEA or a State agency to modify its policies and procedures, but only to the extent necessary to ensure the LEA's or State agency's compliance with Part B of the Act or State law, if—

(1) After December 3, 2004, the effective date of the Individuals with Disabilities Education Improvement Act of 2004, the applicable provisions of the Act (or the regulations developed to carry out the Act) are amended;

(2) There is a new interpretation of an applicable provision of the Act by Federal or State courts; or

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

(Authority: 20 U.S.C. 1413(b))

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1987–2024 · leading case: Parents of Student W, Individually & as Guardians Student W, a Minor v. Puyallup Sch. Dist., No. 3, 31 F.3d 1489 (9th Cir. 1994).

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Parents of Student W, Individually & as Guardians Student W, a Minor v. Puyallup Sch. Dist., No. 3, 31 F.3d 1489 (9th Cir. 1994). “However, pursuant to 34 C.F.R. § 300.220 , it is the District’s obligation to identify and locate schoolchildren in need of special services.”

W.B. v. Matula, 67 F.3d 484 (3rd Cir. 1995). “§§ 1412 (2)(C), 1414(a)(1)(A); 34 C.F.R. §§ 300.220 and note *501 I, 300.”

Metro. Nashville & Davidson Cnty. Sch. Sys. v. Guest, 900 F. Supp. 905 (M.D. Tenn. 1995). · cites it 2× “34 C.F.R. § 300.220 . (2) Metro failed to provide occupational therapy as required by Joel’s own IEP according to the requirements of 20 U.”

Hall by & Through Allread v. Freeman, 700 F. Supp. 1106 (N.D. Ga. 1987). “Molton says that she made it clear to Sgt. Allread at all times that such residency had to be established by physical location in the county.”

Indep. Sch. Dist. No. 281 v. Minnesota Dep't of Educ., 743 N.W.2d 315 (Minn. Ct. App. 2008). “13 (b) (2006); see also 34 C.F.R. § 300.220 (a) (2006) (requiring a local education agency to have “policies, procedures, and programs that are consistent with the State policies and procedures” when providing for the education of children with disabilities in its district).”

Indep. Sch. Dist. v. DEPT. OF EDUC., 743 N.W.2d 315 (Minn. Ct. App. 2008). “13 (b) (2006); see also 34 C.F.R. § 300.220 (a) (2006) (requiring a local education agency to have "policies, procedures, and programs that are consistent with the State policies and procedures" when providing for the education of children with disabilities in its district).”

PA Sch. Boards Assoc., Inc. v. Dr. K.N. Mumin, Sec'y. of Ed. of the PA Dept. of Ed. (Pa. Commw. Ct. 2024). “220 [of the USDE’s Regulations, 34 C.F.R. § 300.220 ,] require the LEAs to have in effect policies, procedures, and programs that are consistent with the [s]tate policies and procedures established under [Sections] 300.”

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