Note: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.
Letter to Honorable Chas Anderson
June 1, 2004
Topic: State Eligibility
Letter clarifying that under Part B of the IDEA, although a state educational agency (SEA) may not establish specific state priorities and require all public agencies within the state to spend a portion of their flow-through funds in accordance with those priorities, the SEA must ensure that public agencies comply with the Part B requirements related to qualified personnel, transition, and the provision of a free appropriate public education, and the SEA must exercise its general supervisory responsibility to ensure compliance with all Part B requirements.
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