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Electronic Code of Federal Regulations

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e-CFR Data is current as of October 22, 2014

Title 34Subtitle BChapter IIIPart 300


TITLE 34—Education

Subtitle B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION (CONTINUED)

CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION

PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES

rule

Subpart A—GENERAL

Purposes and Applicability

§300.1
Purposes.
§300.2
Applicability of this part to State and local agencies.

Definitions Used in This Part

§300.4
Act.
§300.5
Assistive technology device.
§300.6
Assistive technology service.
§300.7
Charter school.
§300.8
Child with a disability.
§300.9
Consent.
§300.10
Core academic subjects.
§300.11
Day; business day; school day.
§300.12
Educational service agency.
§300.13
Elementary school.
§300.14
Equipment.
§300.15
Evaluation.
§300.16
Excess costs.
§300.17
Free appropriate public education.
§300.18
Highly qualified special education teachers.
§300.19
Homeless children.
§300.20
Include.
§300.21
Indian and Indian tribe.
§300.22
Individualized education program.
§300.23
Individualized education program team.
§300.24
Individualized family service plan.
§300.25
Infant or toddler with a disability.
§300.26
Institution of higher education.
§300.27
Limited English proficient.
§300.28
Local educational agency.
§300.29
Native language.
§300.30
Parent.
§300.31
Parent training and information center.
§300.32
Personally identifiable.
§300.33
Public agency.
§300.34
Related services.
§300.35
Scientifically based research.
§300.36
Secondary school.
§300.37
Services plan.
§300.38
Secretary.
§300.39
Special education.
§300.40
State.
§300.41
State educational agency.
§300.42
Supplementary aids and services.
§300.43
Transition services.
§300.44
Universal design.
§300.45
Ward of the State.
rule

Subpart B—STATE ELIGIBILITY

General

§300.100
Eligibility for assistance.

FAPE Requirements

§300.101
Free appropriate public education (FAPE).
§300.102
Limitation—exception to FAPE for certain ages.

Other FAPE Requirements

§300.103
FAPE—methods and payments.
§300.104
Residential placement
§300.105
Assistive technology.
§300.106
Extended school year services.
§300.107
Nonacademic services.
§300.108
Physical education.
§300.109
Full educational opportunity goal (FEOG).
§300.110
Program options.
§300.111
Child find.
§300.112
Individualized education programs (IEP).
§300.113
Routine checking of hearing aids and external components of surgically implanted medical devices.

Least Restrictive Environment (LRE)

§300.114
LRE requirements.
§300.115
Continuum of alternative placements.
§300.116
Placements.
§300.117
Nonacademic settings.
§300.118
Children in public or private institutions.
§300.119
Technical assistance and training activities.
§300.120
Monitoring activities.

Additional Eligibility Requirements

§300.121
Procedural safeguards.
§300.122
Evaluation.
§300.123
Confidentiality of personally identifiable information.
§300.124
Transition of children from the Part C program to preschool programs.
§§300.125-300.128
[Reserved]

Children in Private Schools

§300.129
State responsibility regarding children in private schools.

Children With Disabilities Enrolled by Their Parents in Private Schools

§300.130
Definition of parentally-placed private school children with disabilities.
§300.131
Child find for parentally-placed private school children with disabilities.
§300.132
Provision of services for parentally-placed private school children with disabilities—basic requirement.
§300.133
Expenditures.
§300.134
Consultation.
§300.135
Written affirmation.
§300.136
Compliance.
§300.137
Equitable services determined.
§300.138
Equitable services provided.
§300.139
Location of services and transportation.
§300.140
Due process complaints and State complaints.
§300.141
Requirement that funds not benefit a private school.
§300.142
Use of personnel.
§300.143
Separate classes prohibited.
§300.144
Property, equipment, and supplies.

Children With Disabilities in Private Schools Placed or Referred by Public Agencies

§300.145
Applicability of §§300.146 through 300.147.
§300.146
Responsibility of SEA.
§300.147
Implementation by SEA.

Children With Disabilities Enrolled by Their Parents in Private Schools When FAPE Is at Issue

§300.148
Placement of children by parents when FAPE is at issue.

SEA Responsibility for General Supervision and Implementation of Procedural Safeguards

§300.149
SEA responsibility for general supervision.
§300.150
SEA implementation of procedural safeguards.

State Complaint Procedures

§300.151
Adoption of State complaint procedures.
§300.152
Minimum State complaint procedures.
§300.153
Filing a complaint.

Methods of Ensuring Services

§300.154
Methods of ensuring services.

Additional Eligibility Requirements

§300.155
Hearings relating to LEA eligibility.
§300.156
Personnel qualifications.
§300.157
Performance goals and indicators.
§§300.158-300.159
[Reserved]
§300.160
Participation in assessments.
§300.161
[Reserved]
§300.162
Supplementation of State, local, and other Federal funds.
§300.163
Maintenance of State financial support.
§300.164
Waiver of requirement regarding supplementing and not supplanting with Part B funds.
§300.165
Public participation.
§300.166
Rule of construction.

State Advisory Panel

§300.167
State advisory panel.
§300.168
Membership.
§300.169
Duties.

Other Provisions Required for State Eligibility

§300.170
Suspension and expulsion rates.
§300.171
Annual description of use of Part B funds.
§300.172
Access to instructional materials.
§300.173
Overidentification and disproportionality.
§300.174
Prohibition on mandatory medication.
§300.175
SEA as provider of FAPE or direct services.
§300.176
Exception for prior State plans.
§300.177
States' sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities.

Department Procedures

§300.178
Determination by the Secretary that a State is eligible to receive a grant.
§300.179
Notice and hearing before determining that a State is not eligible to receive a grant.
§300.180
Hearing official or panel.
§300.181
Hearing procedures.
§300.182
Initial decision; final decision.
§300.183
Filing requirements.
§300.184
Judicial review.
§300.185
[Reserved]
§300.186
Assistance under other Federal programs.

By-pass for Children in Private Schools

§300.190
By-pass—general.
§300.191
Provisions for services under a by-pass.
§300.192
Notice of intent to implement a by-pass.
§300.193
Request to show cause.
§300.194
Show cause hearing.
§300.195
Decision.
§300.196
Filing requirements.
§300.197
Judicial review.
§300.198
Continuation of a by-pass.

State Administration

§300.199
State administration.
rule

Subpart C—LOCAL EDUCATIONAL AGENCY ELIGIBILITY

§300.200
Condition of assistance.
§300.201
Consistency with State policies.
§300.202
Use of amounts.
§300.203
Maintenance of effort.
§300.204
Exception to maintenance of effort.
§300.205
Adjustment to local fiscal efforts in certain fiscal years.
§300.206
Schoolwide programs under title I of the ESEA.
§300.207
Personnel development.
§300.208
Permissive use of funds.
§300.209
Treatment of charter schools and their students.
§300.210
Purchase of instructional materials.
§300.211
Information for SEA.
§300.212
Public information.
§300.213
Records regarding migratory children with disabilities.
§§300.214-300.219
[Reserved]
§300.220
Exception for prior local plans.
§300.221
Notification of LEA or State agency in case of ineligibility.
§300.222
LEA and State agency compliance.
§300.223
Joint establishment of eligibility.
§300.224
Requirements for establishing eligibility.
§300.225
[Reserved]
§300.226
Early intervening services.
§300.227
Direct services by the SEA.
§300.228
State agency eligibility.
§300.229
Disciplinary information.
§300.230
SEA flexibility.
rule

Subpart D—EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS

Parental Consent

§300.300
Parental consent.

Evaluations and Reevaluations

§300.301
Initial evaluations.
§300.302
Screening for instructional purposes is not evaluation.
§300.303
Reevaluations.
§300.304
Evaluation procedures.
§300.305
Additional requirements for evaluations and reevaluations.
§300.306
Determination of eligibility.

Additional Procedures for Identifying Children With Specific Learning Disabilities

§300.307
Specific learning disabilities.
§300.308
Additional group members.
§300.309
Determining the existence of a specific learning disability.
§300.310
Observation.
§300.311
Specific documentation for the eligibility determination.

Individualized Education Programs

§300.320
Definition of individualized education program.
§300.321
IEP Team.
§300.322
Parent participation.
§300.323
When IEPs must be in effect.

Development of IEP

§300.324
Development, review, and revision of IEP.
§300.325
Private school placements by public agencies.
§300.326
[Reserved]
§300.327
Educational placements.
§300.328
Alternative means of meeting participation.
rule

Subpart E—PROCEDURAL SAFEGUARDS DUE PROCESS PROCEDURES FOR PARENTS AND CHILDREN

§300.500
Responsibility of SEA and other public agencies.
§300.501
Opportunity to examine records; parent participation in meetings.
§300.502
Independent educational evaluation.
§300.503
Prior notice by the public agency; content of notice.
§300.504
Procedural safeguards notice.
§300.505
Electronic mail.
§300.506
Mediation.
§300.507
Filing a due process complaint.
§300.508
Due process complaint.
§300.509
Model forms.
§300.510
Resolution process.
§300.511
Impartial due process hearing.
§300.512
Hearing rights.
§300.513
Hearing decisions.
§300.514
Finality of decision; appeal; impartial review.
§300.515
Timelines and convenience of hearings and reviews.
§300.516
Civil action.
§300.517
Attorneys' fees.
§300.518
Child's status during proceedings.
§300.519
Surrogate parents.
§300.520
Transfer of parental rights at age of majority.
§§300.521-300.529
[Reserved]

Discipline Procedures

§300.530
Authority of school personnel.
§300.531
Determination of setting.
§300.532
Appeal.
§300.533
Placement during appeals.
§300.534
Protections for children not determined eligible for special education and related services.
§300.535
Referral to and action by law enforcement and judicial authorities.
§300.536
Change of placement because of disciplinary removals.
§300.537
State enforcement mechanisms.
§§300.538-300.599
[Reserved]
rule

Subpart F—MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION

Monitoring, Technical Assistance, and Enforcement

§300.600
State monitoring and enforcement.
§300.601
State performance plans and data collection.
§300.602
State use of targets and reporting.
§300.603
Secretary's review and determination regarding State performance.
§300.604
Enforcement.
§300.605
Withholding funds.
§300.606
Public attention.
§300.607
Divided State agency responsibility.
§300.608
State enforcement.
§300.609
Rule of construction.

Confidentiality of Information

§300.610
Confidentiality.
§300.611
Definitions.
§300.612
Notice to parents.
§300.613
Access rights.
§300.614
Record of access.
§300.615
Records on more than one child.
§300.616
List of types and locations of information.
§300.617
Fees.
§300.618
Amendment of records at parent's request.
§300.619
Opportunity for a hearing.
§300.620
Result of hearing.
§300.621
Hearing procedures.
§300.622
Consent.
§300.623
Safeguards.
§300.624
Destruction of information.
§300.625
Children's rights.
§300.626
Enforcement.
§300.627
Department use of personally identifiable information.

Reports—Program Information

§300.640
Annual report of children served—report requirement.
§300.641
Annual report of children served—information required in the report.
§300.642
Data reporting.
§300.643
Annual report of children served—certification.
§300.644
Annual report of children served—criteria for counting children.
§300.645
Annual report of children served—other responsibilities of the SEA.
§300.646
Disproportionality.
rule

Subpart G—AUTHORIZATION, ALLOTMENT, USE OF FUNDS, AND AUTHORIZATION OF APPROPRIATIONS

Allotments, Grants, and Use of Funds

§300.700
Grants to States.
§300.701
Outlying areas, freely associated States, and the Secretary of the Interior.
§300.702
Technical assistance.
§300.703
Allocations to States.
§300.704
State-level activities.
§300.705
Subgrants to LEAs.
§300.706
[Reserved]

Secretary of the Interior

§300.707
Use of amounts by Secretary of the Interior.
§300.708
Submission of information.
§300.709
Public participation.
§300.710
Use of funds under Part B of the Act.
§300.711
Early intervening services.
§300.712
Payments for education and services for Indian children with disabilities aged three through five.
§300.713
Plan for coordination of services.
§300.714
Establishment of advisory board.
§300.715
Annual reports.
§300.716
Applicable regulations.

Definitions that Apply to this Subpart

§300.717
Definitions applicable to allotments, grants, and use of funds.

Acquisition of Equipment and Construction or Alteration of Facilities

§300.718
Acquisition of equipment and construction or alteration of facilities.
rule

Subpart H—PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES

§300.800
In general.
§§300.801-300.802
[Reserved]
§300.803
Definition of State.
§300.804
Eligibility.
§300.805
[Reserved]
§300.806
Eligibility for financial assistance.
§300.807
Allocations to States.
§300.808
Increase in funds.
§300.809
Limitations.
§300.810
Decrease in funds.
§300.811
[Reserved]
§300.812
Reservation for State activities.
§300.813
State administration.
§300.814
Other State-level activities.
§300.815
Subgrants to LEAs.
§300.816
Allocations to LEAs.
§300.817
Reallocation of LEA funds.
§300.818
Part C of the Act inapplicable.
Appendix
Appendix A to Part 300—Excess Costs Calculation
Appendix
Appendix B to Part 300—Proportionate Share Calculation
Appendix
Appendix C to Part 300—National Instructional Materials Accessibility Standard (NIMAS)
Appendix
Appendix D to Part 300—Maintenance of Effort and Early Intervening Services
Appendix
Appendix E to Part 300—Index for IDEA—Part B Regulations (34 CFR Part 300)


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