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DOJ/DOE Joint Publication: Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools

19. Under what circumstances may a school district use IDEA funds to pay for auxiliary aids or services for IDEA‐eligible students to ensure effective communication as required by Title II?

Answer. The IDEA provides that grant funds must be used only in accordance with the applicable provisions of the IDEA and to pay the excess costs of providing special education and related services to children with disabilities.52 Therefore, IDEA funds may be used only to pay for auxiliary aids and services under Title II that also are required to be provided under the IDEA, such as assistive technology or interpreter services that are included in the student’s IEP. If a child receives auxiliary aids and services under Title II that are not included in the child’s IEP, IDEA funds may not be used to pay for those services.

52 34 C.F.R. § 300.202(a). In using IDEA funds for these purposes, an LEA must comply with the excess costs requirement in 34 C.F.R. § 300.202(b). (For more information please refer to App. A. to 34 C.F.R. Part 300.)

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