Section 1413 (e)

(e) Joint establishment of eligibility

    (1) Joint establishment

      (A) In general

    • A State educational agency may require a local educational agency to establish its eligibility jointly with another local educational agency if the State educational agency determines that the local educational agency will be ineligible under this section because the local educational agency will not be able to establish and maintain programs of sufficient size and scope to effectively meet the needs of children with disabilities.

      • (B) Charter school exception

    • A State educational agency may not require a charter school that is a local educational agency to jointly establish its eligibility under subparagraph (A) unless the charter school is explicitly permitted to do so under the State’s charter school law.

    (2) Amount of payments

  • If a State educational agency requires the joint establishment of eligibility under paragraph (1), the total amount of funds made available to the affected local educational agencies shall be equal to the sum of the payments that each such local educational agency would have received under section 1411(f) of this title if such agencies were eligible for such payments.

    • (3) Requirements

  • Local educational agencies that establish joint eligibility under this subsection shall—
    • (A) adopt policies and procedures that are consistent with the State’s policies and procedures under section 1412(a) of this title; and
    • (B) be jointly responsible for implementing programs that receive assistance under this subchapter.

    (4) Requirements for educational service agencies

      (A) In general

    • If an educational service agency is required by State law to carry out programs under this subchapter, the joint responsibilities given to local educational agencies under this subsection shall—
      • (i) not apply to the administration and disbursement of any payments received by that educational service agency; and
      • (ii) be carried out only by that educational service agency.

      (B) Additional requirement

    • Notwithstanding any other provision of this subsection, an educational service agency shall provide for the education of children with disabilities in the least restrictive environment, as required by section 1412(a)(5) of this title.

      • Severe Discrepancy
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      Last modified on November 7, 2019