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 A—General

34 C.F.R. § 300.28

Local educational agency

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) General. Local educational agency or LEA means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools.

(b) Educational service agencies and other public institutions or agencies. The term includes—

(1) An educational service agency, as defined in § 300.12; and

(2) Any other public institution or agency having administrative control and direction of a public elementary school or secondary school, including a public nonprofit charter school that is established as an LEA under State law.

(c) BIA funded schools. The term includes an elementary school or secondary school funded by the Bureau of Indian Affairs, and not subject to the jurisdiction of any SEA other than the Bureau of Indian Affairs, but only to the extent that the inclusion makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the LEA receiving assistance under the Act with the smallest student population.

(Authority: 20 U.S.C. 1401(19))
Notes of Decisions
Cited in 15 cases (9 in the last 5 years), 2007–2025 · leading case: Hinson Ex Rel. N.H. v. Merritt Educ. Ctr., 521 F. Supp. 2d 22 (D.D.C. 2007).
Sort: Relevance Newest Treatment
Hinson Ex Rel. N.H. v. Merritt Educ. Ctr., 521 F. Supp. 2d 22 (D.D.C. 2007). “As support for this proposition, Plaintiffs rely upon the IDEA’S imple- *34 meriting regulations, which indicate that local boards of education are considered local educational agencies under the IDEA.”
Hatikvah Int'l Academy v. East Brunswick Twp. Bd., 10 F.4th 215 (3rd Cir. 2021). “See 34 C.F.R. § 300.28 (a) (defining a “[l]ocal 3 educational agency” as a “public authority legally constituted within a State” to direct or serve public schools).”
Patrick B. ex rel. Keshia B. v. Paradise Protectory & Agric. Sch., Inc., 858 F. Supp. 2d 427 (M.D. Penn. 2011). “) LIU was designated as Patrick’s local educational agency (“LEA”) pursuant to 34 C.F.R. § 300.28 . (Id.) On February 25, 2008, the District issued a Notice of Recommended Educational Placement (“NOREP”) for Patrick to attend Paradise.”
Indep. Sch. Dist. No. 12 v. Minnesota Dep't of Educ., 767 N.W.2d 478 (Minn. Ct. App. 2009). “34 C.F.R. § 300.28 (2006) (modified and renumbered in 2006).”
State ex rel. Governing Bd. of Warren Cty. Edn. Serv. Ctr. v. Ohio Dept. of Edn. & Workforce, 2024 Ohio 6061 (Ohio Ct. App. 2024). · cites it 3× “28(a), a "local educational agency" (LEA) is a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city,…”
Texas Educ. Agency Edward O'Neil, Dir. of Texas Educ. Agency & Mike Morath, Comm'r of Educ. v. Devereux Texas League City (Tex. App. 2023). “A Texas local education agency (LEA), see 34 C.F.R. § 300.28 (a) (2023), with responsibility for a disabled student “may contract with a .”
Bradley v. Jefferson Cnty. Pub. Schs. (W.D. Ky. 2022). “§ 1401 (19)(A); 34 C.F.R. § 300.28 (a). A SEA is a State board of education or other agency primarily responsible for the State supervision of public elementary and secondary schools.”
Bradley v. Jefferson Cnty. Pub. Schs. (W.D. Ky. 2022). “§ 1401 (19)(A); 34 C.F.R. § 300.28 (a). A SEA is a state board of education or other agency primarily responsible for the state supervision of public elementary and secondary schools.”
Bradley v. Jefferson Cnty. Pub. Schs. (W.D. Ky. 2022). “§ 1401 (19)(A); 34 C.F.R. § 300.28 (a). A SEA is a state board of education or other agency primarily responsible for the state supervision of public elementary and secondary schools.”
Bd. of Educ. of Gallup-McKinley Cnty. Schs. v. Native Am. Disability Law Ctr., Inc. (D.N.M. 2021). “34 C.F.R. § 300.28 . the provision of a [FAPE].”
Lab'y Charter Sch. v. M. S. (3rd Cir. 2024). “See 34 C.F.R. § 300.28 (a); Hatikvah Int’l 2 Acad.”
Z.M. (E.D. Cal. 2025). “§ 1401 (19): 34 CFR. § 300.28(a); Educ. Code § 56026.3.”
Show all 15 citing cases →
— 34 C.F.R. § 300.28(a) — 2 cases
State ex rel. Governing Bd. of Warren Cty. Edn. Serv. Ctr. v. Ohio Dept. of Edn. & Workforce, 2024 Ohio 6061 (Ohio Ct. App. 2024). “28(a), a "local educational agency" (LEA) is a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city,…”
Z.M. (E.D. Cal. 2025). “§ 1401 (19): 34 CFR. § 300.28(a); Educ. Code § 56026.3.”
— 34 C.F.R. § 300.28(b)(1) — 1 case
State ex rel. Governing Bd. of Warren Cty. Edn. Serv. Ctr. v. Ohio Dept. of Edn. & Workforce, 2024 Ohio 6061 (Ohio Ct. App. 2024). “28(a), a "local educational agency" (LEA) is a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.