Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities:

State Eligibility

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.

Section 607 Reports as published in the Federal Register.


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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Last Modified: 10/16/2018