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Electronic Code of Federal Regulations

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e-CFR Data is current as of September 29, 2014

Title 34Subtitle BChapter IIIPart 303


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 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES

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Subpart A—GENERAL

Purpose and Applicable Regulations

§303.1
Purpose of the early intervention program for infants and toddlers with disabilities.
§303.2
Eligible recipients of an award and applicability of this part.
§303.3
Applicable regulations.

Definitions Used in This Part

§303.4
Act.
§303.5
At-risk infant or toddler.
§303.6
Child.
§303.7
Consent.
§303.8
Council.
§303.9
Day.
§303.10
Developmental delay.
§303.11
Early intervention service program.
§303.12
Early intervention service provider.
§303.13
Early intervention services.
§303.14
Elementary school.
§303.15
Free appropriate public education.
§303.16
Health services.
§303.17
Homeless children.
§303.18
Include; including.
§303.19
Indian; Indian tribe.
§303.20
Individualized family service plan.
§303.21
Infant or toddler with a disability.
§303.22
Lead agency.
§303.23
Local educational agency.
§303.24
Multidisciplinary.
§303.25
Native language.
§303.26
Natural environments.
§303.27
Parent.
§303.28
Parent training and information center.
§303.29
Personally identifiable information.
§303.30
Public agency.
§303.31
Qualified personnel.
§303.32
Scientifically based research.
§303.33
Secretary.
§303.34
Service coordination services (case management).
§303.35
State.
§303.36
State educational agency.
§303.37
Ward of the State.
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Subpart B—STATE ELIGIBILITY FOR A GRANT AND REQUIREMENTS FOR A STATEWIDE SYSTEM

General Authority and Eligibility

§303.100
General authority.
§303.101
State eligibility—requirements for a grant under this part.

State Conformity With Part C of the Act and Abrogation of State Sovereign Immunity

§303.102
State conformity with Part C of the Act.
§303.103
Abrogation of State sovereign immunity.

Equipment and Construction

§303.104
Acquisition of equipment and construction or alteration of facilities.

Positive Efforts To Employ and Advance Qualified Individuals With Disabilities

§303.105
Positive efforts to employ and advance qualified individuals with disabilities.

Minimum Components of a Statewide System

§303.110
Minimum components of a statewide system.
§303.111
State definition of developmental delay.
§303.112
Availability of early intervention services.
§303.113
Evaluation, assessment, and nondiscriminatory procedures.
§303.114
Individualized family service plan (IFSP).
§303.115
Comprehensive child find system.
§303.116
Public awareness program.
§303.117
Central directory.
§303.118
Comprehensive system of personnel development (CSPD).
§303.119
Personnel standards.
§303.120
Lead agency role in supervision, monitoring, funding, interagency coordination, and other responsibilities.
§303.121
Policy for contracting or otherwise arranging for services.
§303.122
Reimbursement procedures.
§303.123
Procedural safeguards.
§303.124
Data collection.
§303.125
State interagency coordinating council.
§303.126
Early intervention services in natural environments.
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Subpart C—STATE APPLICATION AND ASSURANCES

General

§303.200
State application and assurances.

Application Requirements

§303.201
Designation of lead agency.
§303.202
Certification regarding financial responsibility.
§303.203
Statewide system and description of services.
§303.204
Application's definition of at-risk infants and toddlers and description of services.
§303.205
Description of use of funds.
§303.206
Referral policies for specific children.
§303.207
Availability of resources.
§303.208
Public participation policies and procedures.
§303.209
Transition to preschool and other programs.
§303.210
Coordination with Head Start and Early Head Start, early education, and child care programs.
§303.211
State option to make services under this part available to children ages three and older.
§303.212
Additional information and assurances.

Assurances

§303.220
Assurances satisfactory to the Secretary.
§303.221
Expenditure of funds.
§303.222
Payor of last resort.
§303.223
Control of funds and property.
§303.224
Reports and records.
§303.225
Prohibition against supplanting; indirect costs.
§303.226
Fiscal control.
§303.227
Traditionally underserved groups.

Subsequent Applications and Modifications, Eligibility Determinations, and Standard of Disapproval

§303.228
Subsequent State application and modifications of application.
§303.229
Determination by the Secretary that a State is eligible.
§303.230
Standard for disapproval of an application.

Department Procedures

§303.231
Notice and hearing before determining that a State is not eligible.
§303.232
Hearing Official or Panel.
§303.233
Hearing procedures.
§303.234
Initial decision; final decision.
§303.235
Filing requirements.
§303.236
Judicial review.
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Subpart D—CHILD FIND, EVALUATIONS AND ASSESSMENTS, AND INDIVIDUALIZED FAMILY SERVICE PLANS

§303.300
General.

Pre-Referral Procedures—Public Awareness Program and Child Find System

§303.301
Public awareness program—information for parents.
§303.302
Comprehensive child find system.

Referral Procedures

§303.303
Referral procedures.
§§303.304-303.309
[Reserved]

Post-Referral Procedures—Screenings, Evaluations, and Assessments

§303.310
Post-referral timeline (45 days).
§§303.311-303.319
[Reserved]
§303.320
Screening procedures (optional).
§303.321
Evaluation of the child and assessment of the child and family.
§303.322
Determination that a child is not eligible.

Individualized Family Service Plan (IFSP)

§303.340
Individualized family service plan—general.
§303.341
[Reserved]
§303.342
Procedures for IFSP development, review, and evaluation.
§303.343
IFSP Team meeting and periodic review.
§303.344
Content of an IFSP.
§303.345
Interim IFSPs—provision of services before evaluations and assessments are completed.
§303.346
Responsibility and accountability.
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Subpart E—PROCEDURAL SAFEGUARDS

General

§303.400
General responsibility of lead agency for procedural safeguards.

Confidentiality of Personally Identifiable Information and Early Intervention Records

§303.401
Confidentiality and opportunity to examine records.
§303.402
Confidentiality.
§303.403
Definitions.
§303.404
Notice to parents.
§303.405
Access rights.
§303.406
Record of access.
§303.407
Records on more than one child.
§303.408
List of types and locations of information.
§303.409
Fees for records.
§303.410
Amendment of records at a parent's request.
§303.411
Opportunity for a hearing.
§303.412
Result of hearing.
§303.413
Hearing procedures.
§303.414
Consent prior to disclosure or use.
§303.415
Safeguards.
§303.416
Destruction of information.
§303.417
Enforcement.

Parental Consent and Notice

§303.420
Parental consent and ability to decline services.
§303.421
Prior written notice and procedural safeguards notice.

Surrogate Parents

§303.422
Surrogate parents.

Dispute Resolution Options

§303.430
State dispute resolution options.

Mediation

§303.431
Mediation.

State Complaint Procedures

§303.432
Adoption of State complaint procedures.
§303.433
Minimum State complaint procedures.
§303.434
Filing a complaint.

States That Choose To Adopt the Part C Due Process Hearing Procedures Under Section 639 of the Act

§303.435
Appointment of an impartial due process hearing officer.
§303.436
Parental rights in due process hearing proceedings.
§303.437
Convenience of hearings and timelines.
§303.438
Civil action.

States That Choose To Adopt the Part B Due Process Hearing Procedures Under Section 615 of the Act

§303.440
Filing a due process complaint.
§303.441
Due process complaint.
§303.442
Resolution process.
§303.443
Impartial due process hearing.
§303.444
Hearing rights.
§303.445
Hearing decisions.
§303.446
Finality of decision; appeal; impartial review.
§303.447
Timelines and convenience of hearings and reviews.
§303.448
Civil action.
§303.449
State enforcement mechanisms.
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Subpart F—USE OF FUNDS AND PAYOR OF LAST RESORT

General

§303.500
Use of funds, payor of last resort, and system of payments.

Use of Funds

§303.501
Permissive use of funds by the lead agency.

Payor of Last Resort—General Provisions

§303.510
Payor of last resort.
§303.511
Methods to ensure the provision of, and financial responsibility for, Part C services.

Payor of Last Resort & System of Payments Provisions—Use of Insurance, Benefits, Systems of Payments, and Fees

§303.520
Policies related to use of public benefits or insurance or private insurance to pay for Part C services.
§303.521
System of payments and fees.
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Subpart G—STATE INTERAGENCY COORDINATING COUNCIL

§303.600
Establishment of Council.
§303.601
Composition.
§303.602
Meetings.
§303.603
Use of funds by the Council.
§303.604
Functions of the Council—required duties.
§303.605
Authorized activities by the Council.
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Subpart H—STATE MONITORING AND ENFORCEMENT; FEDERAL MONITORING AND ENFORCEMENT; REPORTING; AND ALLOCATION OF FUNDS

Federal and State Monitoring and Enforcement

§303.700
State monitoring and enforcement.
§303.701
State performance plans and data collection.
§303.702
State use of targets and reporting.
§303.703
Secretary's review and determination regarding State performance.
§303.704
Enforcement.
§303.705
Withholding funds.
§303.706
Public attention.
§303.707
Rule of construction.
§303.708
State enforcement.

Reports—Program Information

§303.720
Data requirements—general.
§303.721
Annual report of children served—report requirement.
§303.722
Data reporting.
§303.723
Annual report of children served—certification.
§303.724
Annual report of children served—other responsibilities of the lead agency.

Allocation of Funds

§303.730
Formula for State allocations.
§303.731
Payments to Indians.
§303.732
State allotments.
§303.733
Reallotment of funds.
§303.734
Reservation for State incentive grants.
Appendix
Appendix A to Part 303—Index for IDEA Part C Regulations


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