[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR300.2]



[Page 11]

 

                           TITLE 34--EDUCATION

 

 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 

                         DEPARTMENT OF EDUCATION

 

PART 300_ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH 

DISABILITIES--Table of Contents

 

                            Subpart A_General

 

Sec.  300.2  Applicability of this part to State, local, and private 

agencies.



    (a) States. This part applies to each State that receives payments 

under Part B of the Act.

    (b) Public agencies within the State. The provisions of this part--

    (1) Apply to all political subdivisions of the State that are 

involved in the education of children with disabilities, including--

    (i) The State educational agency (SEA);

    (ii) Local educational agencies (LEAs), educational service agencies 

(ESAs), and public charter schools that are not otherwise included as 

LEAs or ESAs and are not a school of an LEA or ESA;

    (iii) Other State agencies and schools (such as Departments of 

Mental Health and Welfare and State schools for children with deafness 

or children with blindness); and

    (iv) State and local juvenile and adult correctional facilities; and

    (2) Are binding on each public agency in the State that provides 

special education and related services to children with disabilities, 

regardless of whether that agency is receiving funds under Part B.

    (c) Private schools and facilities. Each public agency in the State 

is responsible for ensuring that the rights and protections under Part B 

of the Act are given to children with disabilities--

    (1) Referred to or placed in private schools and facilities by that 

public agency; or

    (2) Placed in private schools by their parents under the provisions 

of Sec.  300.403(c).



(Authority: 20 U.S.C. 1412)