Section 300.176 - Exception for prior State plans(a)General. If a State has on file with the Secretary policies and procedures approved by the Secretary that demonstrate that the State meets any requirement of § 300.100 , including any policies and procedures filed under Part B of the Act as in effect before, December 3, 2004, the Secretary considers the State to have met the requirement for purposes of receiving a grant under Part B of the Act.(b)Modifications made by a State.(1) Subject to paragraph (b)(2) of this section, policies and procedures submitted by a State in accordance with this subpart remain in effect until the State submits to the Secretary the modifications that the State determines necessary.(2) The provisions of this subpart apply to a modification to an application to the same extent and in the same manner that they apply to the original plan.(c)Modifications required by the Secretary. The Secretary may require a State to modify its policies and procedures, but only to the extent necessary to ensure the State's compliance with this part, if-(1) After December 3, 2004, the provisions of the Act or the regulations in this part are amended;(2) There is a new interpretation of this Act by a Federal court or a State's highest court; or(3) There is an official finding of noncompliance with Federal law or regulations. Authority: 20 U.S.C. 1412(c)(2) and (3)
Approved by the Office of Management and Budget under control number 1820-0030