Can IDEA funds be used for construction or alteration of facilities?
Yes. However, LEAs will need to obtain prior approval from the DPI. An application is posted on the DPI website [http://dpi.wi.gov/sped/idearecovery.html]. The project must improve the LEA s program for children with disabilities. The proposal must be consistent with the least restrictive requirement requirements at 34 CFR §§300.114-300.117. Any construction or alteration of facilities must comply with Appendix A to part 36 of title 28, Code of Federal Regulations, the Americans with Disabilities Accessibility Guidelines for Buildings and Facilities or Appendix A of subpart 101-19.6, of title 41, Code of Federal Regulations the Uniform Federal Accessibility Standards. (34 CFR §300.718) LEAs also must comply with requirements in 34 CFR Part 76 regarding construction, including the requirements in 34 CFR §§75.600-75.617 incorporated by reference in 34 CFR §76.600 [http://www.ed.gov/policy/fund/reg/edgarReg/edgar.pdf].