34 C.F.R. Subpart F—State Administration
Title 34 - Education
(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— (i) Is under the general supervision of the persons responsible for educational programs for children with disabilities in the SEA; and (ii) Meets the education standards of the SEA (including the requirements of this part). (b) The State must comply with paragraph (a) of this section through State statute, State regulation, signed agreement between respective agency officials, or other documents. (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. (Authority: 20 U.S.C. 1412(a)(11)) Part B of the Act may not be construed to permit a State to reduce medical and other assistance available to children with disabilities, or to alter the eligibility of a child with a disability, under title V (Maternal and Child Health) or title XIX (Medicaid) of the Social Security Act, to receive services that are also part of FAPE. (Authority: 20 U.S.C. 1412(e)) (a) Each State may retain not more than the amount described in paragraph (b) of this section for administration in accordance with §§300.620 and 300.621 and other State-level activities in accordance with §300.370. (b) For each fiscal year, the Secretary determines and reports to the SEA an amount that is 25 percent of the amount the State received under this section for fiscal year 1997, cumulatively adjusted by the Secretary for each succeeding fiscal year by the lesser of— (1) The percentage increase, if any, from the preceding fiscal year in the State's allocation under section 611 of the Act; or (2) The rate of inflation, as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor. (Authority: 20 U.S.C. 1411(f)(1)(A) and (B))
Title 34: Education
PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
Subpart F—State Administration
General
§ 300.600 Responsibility for all educational programs.
§ 300.601 Relation of Part B to other Federal programs.
§ 300.602 State-level activities.
Use of Funds
§ 300.620 Use of funds for State administration.
(a) For the purpose of administering Part B of the Act, including section 619 of the Act (including the coordination of activities under Part B of the Act with, and providing technical assistance to, other programs that provide services to children with disabilities)—
(1) Each State may use not more than twenty percent of the maximum amount it may retain under §300.602(a) for any fiscal year or $500,000 (adjusted by the cumulative rate of inflation since fiscal year 1998, as measured by the percentage increase, if any, in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor), whichever is greater; and
(2) Each outlying area may use up to five percent of the amount it receives under this section for any fiscal year or $35,000, whichever is greater.
(b) Funds described in paragraph (a) of this section may also be used for the administration of Part C of the Act, if the SEA is the lead agency for the State under that part.
(Authority: 20 U.S.C. 1411(f)(2))
§ 300.621 Allowable costs.
(a) The SEA may use funds under §300.620 for—
(1) Administration of State activities under Part B of the Act and for planning at the State level, including planning, or assisting in the planning, of programs or projects for the education of children with disabilities;
(2) Approval, supervision, monitoring, and evaluation of the effectiveness of local programs and projects for the education of children with disabilities;
(3) Technical assistance to LEAs with respect to the requirements of Part B of the Act;
(4) Leadership services for the program supervision and management of special education activities for children with disabilities; and
(5) Other State leadership activities and consultative services.
(b) The SEA shall use the remainder of its funds under §300.620 in accordance with §300.370.
(Authority: 20 U.S.C. 1411(f)(2))
§ 300.622 Subgrants to LEAs for capacity-building and improvement.
In any fiscal year in which the percentage increase in the State's allocation under 611 of the Act exceeds the rate of inflation (as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor), each State shall reserve, from its allocation under 611 of the Act, the amount described in §300.623 to make subgrants to LEAs, unless that amount is less than $100,000, to assist them in providing direct services and in making systemic change to improve results for children with disabilities through one or more of the following:
(a) Direct services, including alternative programming for children who have been expelled from school, and services for children in correctional facilities, children enrolled in State-operated or State-supported schools, and children in charter schools.
(b) Addressing needs or carrying out improvement strategies identified in the State's Improvement Plan under subpart 1 of Part D of the Act.
(c) Adopting promising practices, materials, and technology, based on knowledge derived from education research and other sources.
(d) Establishing, expanding, or implementing interagency agreements and arrangements between LEAs and other agencies or organizations concerning the provision of services to children with disabilities and their families.
(e) Increasing cooperative problem-solving between parents and school personnel and promoting the use of alternative dispute resolution.
(Authority: 20 U.S.C. 1411(f)(4)(A))
§ 300.623 Amount required for subgrants to LEAs.
For each fiscal year, the amount referred to in §300.622 is—
(a) The maximum amount the State was allowed to retain under §300.602(a) for the prior fiscal year, or, for fiscal year 1998, 25 percent of the State's allocation for fiscal year 1997 under section 611; multiplied by
(b) The difference between the percentage increase in the State's allocation under this section and the rate of inflation, as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor.
(Authority: 20 U.S.C. 1411(f)(4)(B))
§ 300.624 State discretion in awarding subgrants.
The State may establish priorities in awarding subgrants under §300.622 to LEAs competitively or on a targeted basis.
(Authority: 20 U.S.C. 1411(f)(4)(A))
State Advisory Panel
§ 300.650 Establishment of advisory panels.
(a) Each State shall establish and maintain, in accordance with §§300.650–300.653, a State advisory panel on the education of children with disabilities.
(b) The advisory panel must be appointed by the Governor or any other official authorized under State law to make those appointments.
(c) If a State has an existing advisory panel that can perform the functions in §300.652, the State may modify the existing panel so that it fulfills all of the requirements of §§300.650–300.653, instead of establishing a new advisory panel.
(Authority: 20 U.S.C. 1412(a)(21)(A))
§ 300.651 Membership.
(a) General. The membership of the State advisory panel must consist of members appointed by the Governor, or any other official authorized under State law to make these appointments, that is representative of the State population and that is composed of individuals involved in, or concerned with the education of children with disabilities, including—
(1) Parents of children with disabilities;
(2) Individuals with disabilities;
(3) Teachers;
(4) Representatives of institutions of higher education that prepare special education and related services personnel;
(5) State and local education officials;
(6) Administrators of programs for children with disabilities;
(7) Representatives of other State agencies involved in the financing or delivery of related services to children with disabilities;
(8) Representatives of private schools and public charter schools;
(9) At least one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities; and
(10) Representatives from the State juvenile and adult corrections agencies.
(b) Special rule. A majority of the members of the panel must be individuals with disabilities or parents of children with disabilities.
(Authority: 20 U.S.C. 1412(a)(21)(B) and (C))
§ 300.652 Advisory panel functions.
(a) General. The State advisory panel shall—
(1) Advise the SEA of unmet needs within the State in the education of children with disabilities;
(2) Comment publicly on any rules or regulations proposed by the State regarding the education of children with disabilities;
(3) Advise the SEA in developing evaluations and reporting on data to the Secretary under section 618 of the Act;
(4) Advise the SEA in developing corrective action plans to address findings identified in Federal monitoring reports under Part B of the Act; and
(5) Advise the SEA in developing and implementing policies relating to the coordination of services for children with disabilities.
(b) Advising on eligible students with disabilities in adult prisons. The advisory panel also shall advise on the education of eligible students with disabilities who have been convicted as adults and incarcerated in adult prisons, even if, consistent with §300.600(d), a State assigns general supervision responsibility for those students to a public agency other than an SEA.
(Authority: 20 U.S.C. 1412(a)(21)(D))
§ 300.653 Advisory panel procedures.
(a) The advisory panel shall meet as often as necessary to conduct its business.
(b) By July 1 of each year, the advisory panel shall submit an annual report of panel activities and suggestions to the SEA. This report must be made available to the public in a manner consistent with other public reporting requirements of Part B of the Act.
(c) Official minutes must be kept on all panel meetings and must be made available to the public on request.
(d) All advisory panel meetings and agenda items must be announced enough in advance of the meeting to afford interested parties a reasonable opportunity to attend. Meetings must be open to the public.
(e) Interpreters and other necessary services must be provided at panel meetings for panel members or participants. The State may pay for these services from funds under §300.620.
(f) The advisory panel shall serve without compensation but the State must reimburse the panel for reasonable and necessary expenses for attending meetings and performing duties. The State may use funds under §300.620 for this purpose.
(Authority: 20 U.S.C. 1412(a)(21))
State Complaint Procedures
§ 300.660 Adoption of State complaint procedures.
(a) General. Each SEA shall adopt written procedures for—
(1) Resolving any complaint, including a complaint filed by an organization or individual from another State, that meets the requirements of §300.662 by—
(i) Providing for the filing of a complaint with the SEA; and
(ii) At the SEA's discretion, providing for the filing of a complaint with a public agency and the right to have the SEA review the public agency's decision on the complaint; and
(2) Widely disseminating to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities, the State's procedures under §§300.660–300.662.
(b) Remedies for denial of appropriate services. In resolving a complaint in which it has found a failure to provide appropriate services, an SEA, pursuant to its general supervisory authority under Part B of the Act, must address:
(1) How to remediate the denial of those services, including, as appropriate, the awarding of monetary reimbursement or other corrective action appropriate to the needs of the child; and
(2) Appropriate future provision of services for all children with disabilities.
(Authority: 20 U.S.C. 1221e–3)
§ 300.661 Minimum State complaint procedures.
(a) Time limit; minimum procedures. Each SEA shall include in its complaint procedures a time limit of 60 days after a complaint is filed under §300.660(a) to—
(1) Carry out an independent on-site investigation, if the SEA determines that an investigation is necessary;
(2) Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;
(3) Review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part B of the Act or of this part; and
(4) Issue a written decision to the complainant that addresses each allegation in the complaint and contains—
(i) Findings of fact and conclusions; and
(ii) The reasons for the SEA's final decision.
(b) Time extension; final decision; implementation. The SEA's procedures described in paragraph (a) of this section also must—
(1) Permit an extension of the time limit under paragraph (a) of this section only if exceptional circumstances exist with respect to a particular complaint; and
(2) Include procedures for effective implementation of the SEA's final decision, if needed, including—
(i) Technical assistance activities;
(ii) Negotiations; and
(iii) Corrective actions to achieve compliance.
(c) Complaints filed under this section, and due process hearings under §§300.507 and 300.520–300.528. (1) If a written complaint is received that is also the subject of a due process hearing under §300.507 or §§300.520–300.528, or contains multiple issues, of which one or more are part of that hearing, the State must set aside any part of the complaint that is being addressed in the due process hearing, until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action must be resolved using the time limit and procedures described in paragraphs (a) and (b) of this section.
(2) If an issue is raised in a complaint filed under this section that has previously been decided in a due process hearing involving the same parties—
(i) The hearing decision is binding; and
(ii) The SEA must inform the complainant to that effect.
(3) A complaint alleging a public agency's failure to implement a due process decision must be resolved by the SEA.
(Authority: 20 U.S.C. 1221e–3)
§ 300.662 Filing a complaint.
(a) An organization or individual may file a signed written complaint under the procedures described in §§300.660–300.661.
(b) The complaint must include—
(1) A statement that a public agency has violated a requirement of Part B of the Act or of this part; and
(2) The facts on which the statement is based.
(c) The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with §300.660(a) unless a longer period is reasonable because the violation is continuing, or the complainant is requesting compensatory services for a violation that occurred not more than three years prior to the date the complaint is received under §300.660(a).
(Authority: 20 U.S.C. 1221e–3)
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