When state laws or regulations differ from federal laws or regulations, which “take precedence” and how is that decision made?
States receiving IDEA funds must ensure that their regulations are consistent with the requirements of the Federal laws and regulations, but there is no requirement that State regulations use terminology that is identical to the language of the Federal regulations. When there are differences, the determination of which regulations would take precedence would depend on the particular facts and circumstances. For example, if the State regulation creates a stricter standard of compliance than the Federal regulation under IDEA, or supplements the Federal regulation, but does not conflict with the Federal regulation under IDEA, the State regulation would control. In contrast, if the standard in the State regulation is less stringent, the State must conform its law to the Federal standard in order to receive IDEA funds. 15. Who is responsible for providing medical services to students which are considered “related services” under the IDEA? What is the Department’s position on medical service
