14 Del. Admin. Code § 924-20.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 924-20.0 - Exception for Prior Local Plans

20.1 General: If an LEA or a State agency described in Section 28.0 has on file with the DOE policies and procedures that demonstrate that the LEA or State agency meets any requirement of subsection 1.1, including any policies and procedures filed under Part B of the Act as in effect before December 3, 2004, the DOE shall consider the LEA or State agency to have met that requirement for purposes of receiving assistance under Part B of the Act.

20.2 Modification made by an LEA or State Agency: Subject to subsection 20.3, policies and procedures submitted by an LEA or a State agency in accordance with 14 DE Admin. Code 924 remain in effect until the LEA or State agency submits to the DOE the modifications that the LEA or State agency determines are necessary.

20.3 Modifications required by the DOE. The DOE may require an LEA or a State agency to modify its policies and procedures, but only to the extent necessary to ensure the LEA's or State agency's compliance with Part B of the Act or with Delaware law, if:

20.3.1 After December 3, 2004 (the effective date of the Individuals with Disabilities Education Improvement Act of 2004), the applicable provisions of the Act (or the regulations developed to carry out the Act) are amended;

20.3.2 There is a new interpretation of an applicable provision of the Act by Federal or State courts; or

20.3.3 There is an official finding of noncompliance with Federal or State law or regulations.

20.4Nothing in this section shall be construed to restrict the DOE from utilizing any other method, activity or authority available to monitor and enforce the requirements of Part B of the Act and these regulations.

(Authority: 20 U.S.C. 1413(b); 14 Del.C. § 3110)

14 Del. Admin. Code § 924-20.0

26 DE Reg. 845 (4/1/2023) (final)