14.02 Requirements Placed on the LEA

14.02.01 Information for SEA

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The LEA must provide the SEA with information necessary to enable the SEA to carry out its duties under Part B of the Act, including, with respect to §§ 300.157 and 300.160, information relating to the performance of children with disabilities participating in programs carried out under Part B of the Act. 34 C.F.R. § 300.211.

14.02.02 Use of Part B Funds

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Amounts provided to the LEA under Part B of the Act -

(1) Must be expended in accordance with the applicable provisions of this part;

(2) Must be used only to pay the excess costs of providing special education and related services to children with disabilities, consistent with paragraph (b) of this section; and

(3) Must be used to supplement State, local, and other Federal funds and not to supplant those funds. 34 C.F.R. § 300.202(a).

14.02.03 Personnel Preparation

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The LEA must ensure that all personnel necessary to carry out Part B of the Act are appropriately and adequately prepared, subject to the requirements of § 300.156 (related to personnel qualifications) and section 2122 of the ESEA. 34 C.F.R. § 300.207.

14.02.04 Public Information

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The LEA must make available to parents of children with disabilities and to the general public all documents relating to the eligibility of the agency under Part B of the Act. 34 C.F.R. § 300.212.

14.02.05 Treatment of Charter Schools

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(1) In carrying out Part B of the Act and these regulations with respect to charter schools that are public schools of the LEA, the LEA must -

(i) Serve children with disabilities attending those charter schools in the same manner as the LEA serves children with disabilities in its other schools, including providing supplementary and related services on site at the charter school to the same extent to which the LEA ha a policy or practices of providing such services on the site to its other public schools; and

(ii) Provide funds under Part B of the Act to those charter schools -

(A) On the same basis as the LEA provides funds to the LEA's other public schools, including proportional distribution based on relative enrollment of children with disabilities; and

(B) At the same time as the LEA distributes other Federal funds to the LEA's other public schools, consistent with the State's charter school law.

(2) If the public charter school is a school of an LEA that receives funding under § 300.705 and includes other public schools -

(i) The LEA is responsible for ensuring that the requirements of this part are met, unless State law assigns that responsibility to some other entity; and

(ii) The LEA must meet the requirements of paragraph (b)(1) of this section. 34 C.F.R. § 300.209(b).

If the public charter school is an LEA, consistent with § 300.28, that receives funding under § 300.705, that charter school is responsible for ensuring that the requirements of this part are met, unless State law assigns that responsibility to some other entity. 34 C.F.R. § 300.209(c).