Dated July 20, 2000

Honorable John Breaux

United States Senate

Washington, DC 20510

Dear Senator Breaux:

This is in response to your letter on behalf of your constituent, x,
asking about funds that are available for purchasing playground
equipment for the West End Elementary School located in Jennings,
Louisiana. Your letter has been referred to the Office of Special
Education Programs (OSEP).

OSEP is responsible for administering the programs funded under Part B
of the Individuals with Disabilities Education Act (Part B). Part B is a
Federal law that authorizes financial assistance to State educational
agencies (SEAs) and through them, to school districts to assist them in
meeting the special education needs of eligible children with one or
more of thirteen specified disabilities in mandated age ranges. We
believe that this program provides the best possibility for support from
funds administered by this Department for addressing your constituent\'s
concerns. Under Part B, SEAs and school districts must ensure that a
free appropriate public education (FAPE) is made available to all
eligible children with disabilities. [See]{.underline} 34 CFR §§300.121
and 300.600. A copy of the Part B regulations is enclosed for your
constituent\'s information.

Section 605(a) of Part B provides:

> If the Secretary determines that a program authorized under this Act\
> would be improved by permitting program funds to be used to acquire
> appropriate equipment, or to construct new facilities or alter
> existing facilities, the Secretary is authorized to allow the use of
> those funds for those\
> purposes.

The Department of Education has determined that Part B funds can be used
to purchase \"equipment.\" (The term \"equipment\" is defined in the
Part B regulations at 34 C.F.R\
§300.11). Under these provisions, it may be possible for a school
district to use Part B funds to purchase playground equipment. In
determining, in a specific case, whether this would be an appropriate
use of Part B funds, a school district should take into account the
following factors.

First, a school district must determine whether the acquisition of
playground equipment is necessary and reasonable to carry out the
purposes of the Part B program. Office of Management and Budget (OMB)
Circular A-87 \-- which applies to a school district\'s use of Part B
funds \-- provides that costs, to be properly charged to a Federal grant
program, must \"\[b\]e necessary and reasonable for the proper and
efficient administration of Federal awards.\" [See]{.underline} OMB
Circular A-87, Attachment A, Section C.l.a. (A copy of OMB Circular A-87
is enclosed). Attachment A of OMB Circular A-87 also
identifies\"\[e\]quipment and other approved capital expenditures\" as
\[t\]ypical direct costs chargeable to Federal awards.\"
[Id]{.underline}. at Section E.2.

Second, in determining whether it is reasonable and necessary to use
Part B funds to acquire playground equipment, a school district should
consider if the purpose of that program is to ensure that a free
appropriate public education (FAPE) is made available to children with
disabilities. School districts, in providing FAPE, are required to
ensure that a student with a disability participates, to the maximum
extent appropriate to that student\'s needs, in non- academic
activities, including recess. [See]{.underline} 34 C.F.R. §300.553.
Therefore, if specially accessible playground equipment is necessary to
enable a child with a disability \-- enrolled at a particular school \--
to receive an education in the least restrictive environment or to
participate in activities with nondisabled children, a school
district\'s use of Part B funds to purchase playground equipment for
that school could be appropriate. The school district would have to
comply with all other applicable requirements of OMB Circular A-87 and
Part B in making such a purchase. For example, the purchase of the
playground equipment would have to be necessary to the provision of
special education and related services to children with disabilities.
This determination however, needs to be made by school districts on a
case-by- case basis in light of the Part B requirements and applicable
cost principles described above. [See also]{.underline} OMB Circular
A-87, Attachment B, Section 19(a)(2).

In his letter, your constituent asked if there are non-Federal
organizations that may be able to help pay the costs of purchasing
playground equipment. Your constituent may wish to contact local civic
or charitable organizations, such as the Lions Club, the Junior Chamber
of Commerce, and the local United Way.

I hope that this information is helpful in responding to your
constituent. If I can be of further assistance, please let me know.

Sincerely,

signed Kenneth R. Warlick/pg

Kenneth R. Warlick

Director

Office of Special Education Programs

Enclosures