As used in this part, “educational service agency (ESA)”:

1. (1) Means a regional public multiservice agency:

   1. (A) Authorized by state law to develop, manage, and provide services or programs to LEAs; and
   2. (B) Recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary and secondary schools of the state;
2. (2) Includes any other public institution or agency having administrative control and direction over a public elementary or secondary school; and
3. (3) Includes entities that meet the definition of “intermediate educational unit” in Section 602(23) of Individuals with Disabilities Education Act as in effect prior to June 4, 1997.

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