---
kind: "section"
citation: "34 C.F.R. § 300.176"
title: "34"
number: "300.176"
heading: "Exception for prior State plans."
url: "https://uscodex.org/cfr/34/300.176"
---

# §300.176. Exception for prior State plans.

- (a) **General.** If a State has on file with the Secretary policies and procedures approved by the Secretary that demonstrate that the State meets any requirement of [§ 300.100](/cfr/34/300.100.md), including any policies and procedures filed under Part B of the Act as in effect before, December 3, 2004, the Secretary considers the State to have met the requirement for purposes of receiving a grant under Part B of the Act.
- (b) **Modifications made by a State.**
  - (1) Subject to [paragraph (b)(2)](#b-2) of this section, policies and procedures submitted by a State in accordance with this subpart remain in effect until the State submits to the Secretary the modifications that the State determines necessary.
  - (2) The provisions of this subpart apply to a modification to an application to the same extent and in the same manner that they apply to the original plan.
- (c) **Modifications required by the Secretary.** The Secretary may require a State to modify its policies and procedures, but only to the extent necessary to ensure the State's compliance with this part, if—
  - (1) After December 3, 2004, the provisions of the Act or the regulations in this part are amended;
  - (2) There is a new interpretation of this Act by a Federal court or a State's highest court; or
  - (3) **There is an official finding of noncompliance with Federal law or regulations.**

## Notes

### Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.