14 Del. Admin. Code § 924-27.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 924-27.0 - Direct Services by the DOE27.1 General: The DOE shall use the payments that would otherwise have been available to an LEA or to a State agency to provide special education and related services directly to children with disabilities residing in the area served by that LEA, or for whom that State agency is responsible, if DOE determines that the LEA or State agency: 27.1.1 Has not provided the information needed to establish the eligibility of the LEA or State agency, or elected not to apply for its Part B allotment, under Part B of the Act;27.1.2 Is unable to establish and maintain programs of FAPE that meet the requirements of these regulations;27.1.3 Is unable or unwilling to be consolidated with one or more LEAs in order to establish and maintain the programs; or27.1.4 Has one or more children with disabilities who can best be served by a regional or State program or service delivery system designed to meet the needs of these children.27.2 DOE administrative procedures:27.2.1 In meeting the requirements in subsection 27.1, DOE may provide special education and related services directly, by contract, or through other arrangements.27.2.2 The excess cost requirements of subsection 2.2 do not apply to the DOE.27.3 Manner and location of education and services: The DOE may provide special education and related services under subsection 27.1 in the manner and at the locations (including regional or State centers) as the DOE considers appropriate. The education and services shall be provided in accordance with these regulations. (Authority: 20 U.S.C. 1413(g); 14 Del.C. § 3110)
14 Del. Admin. Code § 924-27.0
26 DE Reg. 845 (4/1/2023) (final)