Part C Finance Regulations
Note: On January 16, 2009, the Proposed
Regulations for Part C of IDEA 2004 (2007) 
(PDF: 435kb) were withdrawn by the U.S. Department of Education and are
presently under review. An OSEP
memo dated January 28, 2009 
(DOC: 54kb) to all State Part C Coordinators on procedures
for receiving a FFY 2009 grant award under IDEA 2004, states the following:
"Although the draft final Part C regulations were withdrawn by the Department on Friday, January 16, 2009, States are required to ensure that their State policies, including statutes and regulations, are consistent with the Part C requirements in 20 U.S.C. §§1401 et seq., as amended in 2004, and all applicable regulations in 34 CFR Part 303".
Current regulations related to financial matters include:- The formula by which the annual federal appropriation for Part C is allocated among the states/territories – Sec. 303.200-204.
- Federal Policies and Procedures related to use of federal funds and other financial matters under 303.520-528.
- Required assurances concerning the use of federal funds – 303.122-126, 303.143.
- Other regulatory statements related to finance, including: use of funds by the Lead Agency – 303.144 and 303.560; covering the cost of mediation – 303.419 (b)(3); use of funds by the ICC – 303.602.
The NECTAC A Guide to Federal Statute & Regulations Related to Part C Finance
(DRAFT) February 2007 (PDF: 251kb)
presents in a Q & A format:
- Financial assistance for what?
- How are the federal funds allocated?
- Federal funds come to the states to do what?
- How may funds be used?
- Who can we provide services to?
- What are the services?
- If our state accepts the federal funds, what assurances are we required to make?
- What are the requirements of the state application related to finance?
- What are the requirements of the state application?
- What is the state's responsibility for supervision and monitoring of finance?
- What is the state's responsibility for interagency agreements for finance?
- What are the policies related to payments?