---
kind: "section"
citation: "34 C.F.R. § 300.224"
title: "34"
number: "300.224"
heading: "Requirements for establishing eligibility."
url: "https://uscodex.org/cfr/34/300.224"
---

# §300.224. Requirements for establishing eligibility.

- (a) **Requirements for LEAs in general.** LEAs that establish joint eligibility under this section must—
  - (1) Adopt policies and procedures that are consistent with the State's policies and procedures under [§§ 300.101 through 300.163](/cfr/34/300.101..300.163.md), and [§§ 300.165 through 300.174](/cfr/34/300.165..300.174.md); and
  - (2) **Be jointly responsible for implementing programs that receive assistance under Part B of the Act.**
- (b) **Requirements for educational service agencies in general.** If an educational service agency is required by State law to carry out programs under Part B of the Act, the joint responsibilities given to LEAs under Part B of the Act—
  - (1) Do not apply to the administration and disbursement of any payments received by that educational service agency; and
  - (2) **Must be carried out only by that educational service agency.**
- (c) **Additional requirement.** Notwithstanding any other provision of [§§ 300.223 through 300.224](/cfr/34/300.223..300.224.md), an educational service agency must provide for the education of children with disabilities in the least restrictive environment, as required by [§ 300.112](/cfr/34/300.112.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.
