1. (a) A public agency must control and administer the funds used to provide special education and related services under 34 C.F.R. §§ 300.137 – 300.139, and hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes provided in the Individuals with Disabilities Education Act.
2. (b) The public agency may place equipment and supplies in a private school for the period of time needed for the program.

3. (c) The public agency shall ensure that the equipment and supplies placed in a private school:

   1. (1) Are used only for Part B of the Individuals with Disabilities Education Act purposes; and
   2. (2) Can be removed from the private school without remodeling the private school facility.

4. (d) The public agency must remove equipment and supplies from a private school if:

   1. (1) The equipment and supplies are no longer needed for Part B purposes; or
   2. (2) Removal is necessary to avoid unauthorized use of the equipment and supplies for other than Part B of the Individuals with Disabilities Education Act purposes.
5. (e) No funds under Part B of the Individuals with Disabilities Education Act may be used for repairs, minor remodeling, or construction of private school facilities.

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq.