34 CFR § 300.175 - SEA as provider of FAPE or direct services.

---
identifier: "/us/cfr/t34/s300.175"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 300.175 - SEA as provider of FAPE or direct services."
title_number: 34
title_name: "Education"
section_number: "300.175"
section_name: "SEA as provider of FAPE or direct services."
chapter_name: "OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION"
part_number: "300"
part_name: "ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted."
regulatory_source: "71 FR 46753, Aug. 14, 2006, unless otherwise noted."
cfr_part: "300"
---


# 300.175 SEA as provider of FAPE or direct services.

If the SEA provides FAPE to children with disabilities, or provides direct services to these children, the agency—

(a) Must comply with any additional requirements of §§ 300.201 and 300.202 and §§ 300.206 through 300.226 as if the agency were an LEA; and

(b) May use amounts that are otherwise available to the agency under Part B of the Act to serve those children without regard to § 300.202(b) (relating to excess costs).

(Approved by the Office of Management and Budget under control number 1820-0030)

(Authority: 20 U.S.C. 1412(b))