Section 1412 (a) (11)

(11) State educational agency responsible for general supervision

    (A) In general

  • The State educational agency is responsible for ensuring that—
    • (i) the requirements of this subchapter are met;
    • (ii) all educational programs for children with disabilities in the State, including all such programs administered by any other State agency or local agency—
      • (I) are under the general supervision of individuals in the State who are responsible for educational programs for children with disabilities; and
      • (II) meet the educational standards of the State educational agency; and


    • (iii) in carrying out this subchapter with respect to homeless children, the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) are met.

    (B) Limitation

  • Subparagraph (A) shall not limit the responsibility of agencies in the State other than the State educational agency to provide, or pay for some or all of the costs of, a free appropriate public education for any child with a disability in the State.

    • (C) Exception

  • Notwithstanding subparagraphs (A) and (B), the Governor (or another individual pursuant to State law), consistent with State law, may assign to any public agency in the State the responsibility of ensuring that the requirements of this subchapter are met with respect to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons.

    • Severe Discrepancy
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    Last modified on November 7, 2019