---
kind: "section"
citation: "34 C.F.R. § 300.228"
title: "34"
number: "300.228"
heading: "State agency eligibility."
url: "https://uscodex.org/cfr/34/300.228"
---

# §300.228. State agency eligibility.


Any State agency that desires to receive a subgrant for any fiscal year under [§ 300.705](/cfr/34/300.705.md) must demonstrate to the satisfaction of the SEA that—

- (a) All children with disabilities who are participating in programs and projects funded under Part B of the Act receive FAPE, and that those children and their parents are provided all the rights and procedural safeguards described in this part; and
- (b) **The agency meets the other conditions of this subpart that apply to LEAs.**

## 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.