---
kind: "section"
citation: "34 C.F.R. § 300.2"
title: "34"
number: "300.2"
heading: "Applicability of this part to State and local agencies."
url: "https://uscodex.org/cfr/34/300.2"
---

# §300.2. Applicability of this part to State and local agencies.

- (a) **States.** This part applies to each State that receives payments under Part B of the Act, as defined in [§ 300.4](/cfr/34/300.4.md).
- (b) **Public agencies within the State.** The provisions of this part—
  - (1) Apply to all political subdivisions of the State that are involved in the education of children with disabilities, including:
    - (i) **The State educational agency (SEA).**
    - (ii) Local educational agencies (LEAs), educational service agencies (ESAs), and public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA.
    - (iii) Other State agencies and schools (such as Departments of Mental Health and Welfare and State schools for children with deafness or children with blindness).
    - (iv) State and local juvenile and adult correctional facilities; and
  - (2) Are binding on each public agency in the State that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B of the Act.
- (c) **Private schools and facilities.** Each public agency in the State is responsible for ensuring that the rights and protections under Part B of the Act are given to children with disabilities—
  - (1) Referred to or placed in private schools and facilities by that public agency; or
  - (2) Placed in private schools by their parents under the provisions of [§ 300.148](/cfr/34/300.148.md).

## 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.