SEA Providing Direct Services When the LEA is Unable

I have a question that came up yesterday in the CASE Weatherly Review (quarterly update on special ed case law by Julie Weatherly). This question is in the context of the extreme personnel shortages we are seeing in special education and related services

I have a question that came up yesterday in the CASE Weatherly Review (quarterly update on special ed case law by Julie Weatherly). This question is in the context of the extreme personnel shortages we are seeing in special education and related services providers. Federal regs state that if an LEA is unable to provide services a child needs, the SEA must use the payments that would have been available to the LEA and provide the services. (34 CFR 300.227)  Has the use of this provision ever come up in any of your states?
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