ed as receiving special education. These commenters felt that enrollment did not guarantee actual receipt of services. The second provision stated, in essence, that a child who receives special education may be counted, but not a child who receives only "related services." This was viewed as an overly restrictive reading of the Act.

Response: No change has been made in the regulations. While no system is perfect, enrollment is a legitimate way of determining the number of handicapped children receiving special education on October 1 and on February 1, the two dates on which the Act requires the count of children served. It would not be practical to make an actual head count of children in classrooms and other facilities where services are provided. With respect to children who only receive "related services," this is governed by statutory language. "Related services" are only those "required to assist a handicapped child to benefit from special education." (Section 602(17) of the Act.) If a child does not need special education, there can be no "related services," as that term is defined in the Act. However, section 121a.14 permits a State to define certain services as "special education," if those services are "specially designed instruction to meet the unique needs of a handicapped child." (This is taken from the definition of “special education" in section 602(16) of the Act.)

REALLOCATION OF LOCAL EDUCATIONAL AGENCY FUNDS (§ 1218.708)

Comment: Commenters requested criteria be added for when funds may be reallocated.

Response: No criteria have been added as determinations will be made on a case-bycase basis.

APPENDIX B-INDEX TO PART 121a

ADMINISTRATION

See: Monitoring.

Annual program plan requirements§§ 121a.112; 121a.134; 121a.138; 121a.141; 121a.142; 121a.145.

Certification of State authority-§ 121a.112. Direct Service by State educational agency-§ 121a.360.

Local application requirements §§ 121a.228; 121a.236; 121a.240.

Local education agency definition-§ 121a.8. State administration-Subpart F.

ADVISORY PANEL (STATE)

Annual program plan requirement§ 121a.147.

General requirements-§§ 121a.650-121a.653.

tive, property management, and other matters) and Part 121 of this chapter.

(20 U.S.C. 1421)

§ 1216.2 Purpose.

Payment of Federal funds under this part may be made to assist eligible parties in the establishment and operation of regional centers which will develop and apply the best methods of appraising the special educational needs of handicapped children referred to them and will provide other services to assist in meeting such needs.

(20 U.S.C. 1421(a))

§ 121b.3 Definition.

As used in this part: "Educational program" means a curriculum prescribed for a handicapped child, designed to meet the needs of that child as determined through testing and other methods of educational evaluation. The term includes:

(a) Long-range plans which generalize the sequence and content of educational experiences a child should have, over a period of years, through various schools, clinics, tutorial programs, and/or other kinds of broad units of teaching/learning situations;

(b) Short-range plans which generalize the sequence and content of educational experiences a child should have for the next few months, school year, or several years; and

(c) Plans for the immediate future which detail specific sets of teaching strategies, prescribed skill-building activities, or other specific curricular activities a child should have for the next few days, weeks, or month. (20 U.S.C. 1421)

§ 121b.4 Eligible parties.

Parties eligible to receive assistance under this part are (a) institutions of higher education, (b) State educational agencies, or (c) combinations of such agencies or institutions (which combinations may include one or more local educational agencies), within particular regions of the United States.

(20 U.S.C. 1421(a))