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U.S. Department of Education: Promoting Educational Excellence for all Americans

Direct services by the SEA (Sec. 300.227)

Comment: Some commenters requested that the regulations specify that SEAs providing direct services must make placement decisions based on the child's individual needs and must comply with all requirements for providing FAPE in the LRE.

Discussion: We do not believe any changes to the regulations are necessary because Sec. 300.227(b), consistent with section 613(g)(2) of the Act, clearly states that SEAs providing direct special education and related services must do so in accordance with Part B of the Act. Accordingly, the special education and related services provided under Sec. 300.227 would be subject to the placement requirements in Sec. 300.116 and the LRE requirements in Sec. 300.114 and section 612(a)(5) of the Act.

Changes: None.