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Title 34Subtitle BChapter IIIPart 300 → Subpart H


Title 34: Education
PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES


Subpart H—Preschool Grants for Children with Disabilities


Contents
§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 A to Part 300—Excess Costs Calculation
Appendix B to Part 300—Proportionate Share Calculation
Appendix C to Part 300—National Instructional Materials Accessibility Standard (NIMAS)
Appendix D to Part 300—Maintenance of Effort and Early Intervening Services
Appendix E to Part 300—Local Educational Agency Maintenance of Effort Calculation Examples
Appendix F to Part 300—Index for IDEA—Part B Regulations (34 CFR Part 300)

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§300.800   In general.

The Secretary provides grants under section 619 of the Act to assist States to provide special education and related services in accordance with Part B of the Act—

(a) To children with disabilities aged three through five years; and

(b) At a State's discretion, to two-year-old children with disabilities who will turn three during the school year.

(Authority: 20 U.S.C. 1419(a))

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§§300.801-300.802   [Reserved]

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§300.803   Definition of State.

As used in this subpart, State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(Authority: 20 U.S.C. 1419(i))

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§300.804   Eligibility.

A State is eligible for a grant under section 619 of the Act if the State—

(a) Is eligible under section 612 of the Act to receive a grant under Part B of the Act; and

(b) Makes FAPE available to all children with disabilities, aged three through five, residing in the State.

(Approved by the Office of Management and Budget under control number 1820-0030)

(Authority: 20 U.S.C. 1419(b))

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§300.805   [Reserved]

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§300.806   Eligibility for financial assistance.

No State or LEA, or other public institution or agency, may receive a grant or enter into a contract or cooperative agreement under subpart 2 or 3 of Part D of the Act that relates exclusively to programs, projects, and activities pertaining to children aged three through five years, unless the State is eligible to receive a grant under section 619(b) of the Act.

(Authority: 20 U.S.C. 1481(e))

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§300.807   Allocations to States.

The Secretary allocates the amount made available to carry out section 619 of the Act for a fiscal year among the States in accordance with §§300.808 through 300.810.

(Authority: 20 U.S.C. 1419(c)(1))

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§300.808   Increase in funds.

If the amount available for allocation to States under §300.807 for a fiscal year is equal to or greater than the amount allocated to the States under section 619 of the Act for the preceding fiscal year, those allocations are calculated as follows:

(a) Except as provided in §300.809, the Secretary—

(1) Allocates to each State the amount the State received under section 619 of the Act for fiscal year 1997;

(2) Allocates 85 percent of any remaining funds to States on the basis of the States' relative populations of children aged three through five; and

(3) Allocates 15 percent of those remaining funds to States on the basis of the States' relative populations of all children aged three through five who are living in poverty.

(b) For the purpose of making grants under this section, the Secretary uses the most recent population data, including data on children living in poverty, that are available and satisfactory to the Secretary.

(Authority: 20 U.S.C. 1419(c)(2)(A))

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§300.809   Limitations.

(a) Notwithstanding §300.808, allocations under that section are subject to the following:

(1) No State's allocation may be less than its allocation under section 619 of the Act for the preceding fiscal year.

(2) No State's allocation may be less than the greatest of—

(i) The sum of—

(A) The amount the State received under section 619 of the Act for fiscal year 1997; and

(B) One-third of one percent of the amount by which the amount appropriated under section 619(j) of the Act for the fiscal year exceeds the amount appropriated for section 619 of the Act for fiscal year 1997;

(ii) The sum of—

(A) The amount the State received under section 619 of the Act for the preceding fiscal year; and

(B) That amount multiplied by the percentage by which the increase in the funds appropriated under section 619 of the Act from the preceding fiscal year exceeds 1.5 percent; or

(iii) The sum of—

(A) The amount the State received under section 619 of the Act for the preceding fiscal year; and

(B) That amount multiplied by 90 percent of the percentage increase in the amount appropriated under section 619 of the Act from the preceding fiscal year.

(b) Notwithstanding paragraph (a)(2) of this section, no State's allocation under §300.808 may exceed the sum of—

(1) The amount the State received under section 619 of the Act for the preceding fiscal year; and

(2) That amount multiplied by the sum of 1.5 percent and the percentage increase in the amount appropriated under section 619 of the Act from the preceding fiscal year.

(c) If the amount available for allocation to States under §300.808 and paragraphs (a) and (b) of this section is insufficient to pay those allocations in full, those allocations are ratably reduced, subject to paragraph (a)(1) of this section.

(Authority: 20 U.S.C. 1419(c)(2)(B) and (c)(2)(C))

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§300.810   Decrease in funds.

If the amount available for allocations to States under §300.807 for a fiscal year is less than the amount allocated to the States under section 619 of the Act for the preceding fiscal year, those allocations are calculated as follows:

(a) If the amount available for allocations is greater than the amount allocated to the States for fiscal year 1997, each State is allocated the sum of—

(1) The amount the State received under section 619 of the Act for fiscal year 1997; and

(2) An amount that bears the same relation to any remaining funds as the increase the State received under section 619 of the Act for the preceding fiscal year over fiscal year 1997 bears to the total of all such increases for all States.

(b) If the amount available for allocations is equal to or less than the amount allocated to the States for fiscal year 1997, each State is allocated the amount the State received for fiscal year 1997, ratably reduced, if necessary.

(Authority: 20 U.S.C. 1419(c)(3))

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§300.811   [Reserved]

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§300.812   Reservation for State activities.

(a) Each State may reserve not more than the amount described in paragraph (b) of this section for administration and other State-level activities in accordance with §§300.813 and 300.814.

(b) For each fiscal year, the Secretary determines and reports to the SEA an amount that is 25 percent of the amount the State received under section 619 of the Act for fiscal year 1997, cumulatively adjusted by the Secretary for each succeeding fiscal year by the lesser of—

(1) The percentage increase, if any, from the preceding fiscal year in the State's allocation under section 619 of the Act; or

(2) The rate of inflation, as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor.

(Authority: 20 U.S.C. 1419(d))

[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61307, Oct. 30, 2007]

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§300.813   State administration.

(a) For the purpose of administering section 619 of the Act (including the coordination of activities under Part B of the Act with, and providing technical assistance to, other programs that provide services to children with disabilities), a State may use not more than 20 percent of the maximum amount the State may reserve under §300.812 for any fiscal year.

(b) Funds described in paragraph (a) of this section may also be used for the administration of Part C of the Act.

(Authority: 20 U.S.C. 1419(e))

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§300.814   Other State-level activities.

Each State must use any funds the State reserves under §300.812 and does not use for administration under §300.813—

(a) For support services (including establishing and implementing the mediation process required by section 615(e) of the Act), which may benefit children with disabilities younger than three or older than five as long as those services also benefit children with disabilities aged three through five;

(b) For direct services for children eligible for services under section 619 of the Act;

(c) For activities at the State and local levels to meet the performance goals established by the State under section 612(a)(15) of the Act;

(d) To supplement other funds used to develop and implement a statewide coordinated services system designed to improve results for children and families, including children with disabilities and their families, but not more than one percent of the amount received by the State under section 619 of the Act for a fiscal year;

(e) To provide early intervention services (which must include an educational component that promotes school readiness and incorporates preliteracy, language, and numeracy skills) in accordance with Part C of the Act to children with disabilities who are eligible for services under section 619 of the Act and who previously received services under Part C of the Act until such children enter, or are eligible under State law to enter, kindergarten; or

(f) At the State's discretion, to continue service coordination or case management for families who receive services under Part C of the Act, consistent with §300.814(e).

(Authority: 20 U.S.C. 1419(f))

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§300.815   Subgrants to LEAs.

Each State that receives a grant under section 619 of the Act for any fiscal year must distribute all of the grant funds the State does not reserve under §300.812 to LEAs (including public charter schools that operate as LEAs) in the State that have established their eligibility under section 613 of the Act. Effective with funds that become available on July 1, 2009, each State must distribute funds to eligible LEAs that are responsible for providing education to children aged three through five years, including public charter schools that operate as LEAs, even if the LEA is not serving any preschool children with disabilities.

(Authority: 20 U.S.C. 1419(g)(1))

[73 FR 73028, Dec. 1, 2008]

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§300.816   Allocations to LEAs.

(a) Base payments. The State must first award each LEA described in §300.815 the amount that agency would have received under section 619 of the Act for fiscal year 1997 if the State had distributed 75 percent of its grant for that year under section 619(c)(3), as such section was then in effect.

(b) Base payment adjustments. For fiscal year 1998 and beyond—

(1) If a new LEA is created, the State must divide the base allocation determined under paragraph (a) of this section for the LEAs that would have been responsible for serving children with disabilities now being served by the new LEA, among the new LEA and affected LEAs based on the relative numbers of children with disabilities ages three through five currently provided special education by each of the LEAs;

(2) If one or more LEAs are combined into a single new LEA, the State must combine the base allocations of the merged LEAs;

(3) If for two or more LEAs, geographic boundaries or administrative responsibility for providing services to children with disabilities ages three through five changes, the base allocations of affected LEAs must be redistributed among affected LEAs based on the relative numbers of children with disabilities ages three through five currently provided special education by each affected LEA; and

(4) If an LEA received a base payment of zero in its first year of operation, the SEA must adjust the base payment for the first fiscal year after the first annual child count in which the LEA reports that it is serving any children with disabilities aged three through five years. The State must divide the base allocation determined under paragraph (a) of this section for the LEAs that would have been responsible for serving children with disabilities aged three through five years now being served by the LEA, among the LEA and affected LEAs based on the relative numbers of children with disabilities aged three through five years currently provided special education by each of the LEAs. This requirement takes effect with funds that become available on July 1, 2009.

(c) Allocation of remaining funds. After making allocations under paragraph (a) of this section, the State must—

(1) Allocate 85 percent of any remaining funds to those LEAs on the basis of the relative numbers of children enrolled in public and private elementary schools and secondary schools within the LEA's jurisdiction; and

(2) Allocate 15 percent of those remaining funds to those LEAs in accordance with their relative numbers of children living in poverty, as determined by the SEA.

(d) Use of best data. For the purpose of making grants under this section, States must apply on a uniform basis across all LEAs the best data that are available to them on the numbers of children enrolled in public and private elementary and secondary schools and the numbers of children living in poverty.

(Authority: 20 U.S.C. 1419(g)(1))

[71 FR 46753, Aug. 14, 2006, as amended at 73 FR 73028, Dec. 1, 2008]

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§300.817   Reallocation of LEA funds.

(a) If an SEA determines that an LEA is adequately providing FAPE to all children with disabilities aged three through five years residing in the area served by the LEA with State and local funds, the SEA may reallocate any portion of the funds under section 619 of the Act that are not needed by that LEA to provide FAPE, to other LEAs in the State that are not adequately providing special education and related services to all children with disabilities aged three through five years residing in the areas served by those other LEAs. The SEA may also retain those funds for use at the State level to the extent the State has not reserved the maximum amount of funds it is permitted to reserve for State-level activities pursuant to §300.812.

(b) After an SEA distributes section 619 funds to an eligible LEA that is not serving any children with disabilities aged three through five years, as provided in §300.815, the SEA must determine, within a reasonable period of time prior to the end of the carryover period in 34 CFR 76.709, whether the LEA has obligated the funds. The SEA may reallocate any of those funds not obligated by the LEA to other LEAs in the State that are not adequately providing special education and related services to all children with disabilities aged three through five years residing in the areas served by those other LEAs. The SEA may also retain those funds for use at the State level to the extent the State has not reserved the maximum amount of funds it is permitted to reserve for State-level activities pursuant to §300.812.

(Authority: 20 U.S.C. 1419(g)(2))

[73 FR 73028, Dec. 1, 2008]

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§300.818   Part C of the Act inapplicable.

Part C of the Act does not apply to any child with a disability receiving FAPE, in accordance with Part B of the Act, with funds received under section 619 of the Act.

(Authority: 20 U.S.C. 1419(h))

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Appendix A to Part 300—Excess Costs Calculation

Except as otherwise provided, amounts provided to an LEA under Part B of the Act may be used only to pay the excess costs of providing special education and related services to children with disabilities. Excess costs are those costs for the education of an elementary school or secondary school student with a disability that are in excess of the average annual per student expenditure in an LEA during the preceding school year for an elementary school or secondary school student, as may be appropriate. An LEA must spend at least the average annual per student expenditure on the education of an elementary school or secondary school child with a disability before funds under Part B of the Act are used to pay the excess costs of providing special education and related services.

Section 602(8) of the Act and §300.16 require the LEA to compute the minimum average amount separately for children with disabilities in its elementary schools and for children with disabilities in its secondary schools. LEAs may not compute the minimum average amount it must spend on the education of children with disabilities based on a combination of the enrollments in its elementary schools and secondary schools.

The following example shows how to compute the minimum average amount an LEA must spend for the education of each of its elementary school children with disabilities under section 602(3) of the Act before it may use funds under Part B of the Act.

a. First the LEA must determine the total amount of its expenditures for elementary school students from all sources—local, State, and Federal (including Part B)—in the preceding school year. Only capital outlay and debt services are excluded.

Example: The following is an example of a computation for children with disabilities enrolled in an LEA's elementary schools. In this example, the LEA had an average elementary school enrollment for the preceding school year of 800 (including 100 children with disabilities). The LEA spent the following amounts last year for elementary school students (including its elementary school children with disabilities):

(1)From State and local tax funds$6,500,000
(2)From Federal funds600,000
      Total expenditures7,100,000
Of this total, $60,000 was for capital outlay and debt service relating to the education of elementary school students. This must be subtracted from total expenditures.

(1)Total Expenditures$7,100,000
(2)Less capital outlay and debt−60,000
      Total expenditures for elementary school students less capital outlay and debt$7,040,000

b. Next, the LEA must subtract from the total expenditures amounts spent for:

(1) IDEA, Part B allocation,

(2) ESEA, Title I, Part A allocation,

(3) ESEA, Title III, Parts A and B allocation,

(4) State and local funds for children with disabilities, and

(5) State or local funds for programs under ESEA, Title I, Part A, and Title III, Parts A and B.

These are funds that the LEA actually spent, not funds received last year but carried over for the current school year.

Example: The LEA spent the following amounts for elementary school students last year:

(1)From funds under IDEA, Part B allocation$ 200,000
(2)From funds under ESEA, Title I, Part A allocation250,000
(3)From funds under ESEA, Title III, Parts A and B allocation50,000
(4)From State funds and local funds for children with disabilities500,000
(5)From State and local funds for programs under ESEA, Title I, Part A, and Title III, Parts A and B150,000
      Total1,150,000
(1)   Total expenditures less capital outlay and debt7,040,000
(2)Other deductions−1,150,000
   Total$5,890,000

c. Except as otherwise provided, the LEA next must determine the average annual per student expenditure for its elementary schools dividing the average number of students enrolled in the elementary schools of the agency during the preceding year (including its children with disabilities) into the amount computed under the above paragraph. The amount obtained through this computation is the minimum amount the LEA must spend (on the average) for the education of each of its elementary school children with disabilities. Funds under Part B of the Act may be used only for costs over and above this minimum.

(1)Amount from Step b$5,890,000
(2)Average number of students enrolled800
(3)$5,890,000/800 Average annual per student expenditure$ 7,362

d. Except as otherwise provided, to determine the total minimum amount of funds the LEA must spend for the education of its elementary school children with disabilities in the LEA (not including capital outlay and debt service), the LEA must multiply the number of elementary school children with disabilities in the LEA times the average annual per student expenditure obtained in paragraph c above. Funds under Part B of the Act can only be used for excess costs over and above this minimum.

(1)Number of children with disabilities in the LEA's elementary schools100
(2)Average annual per student expenditure$ 7,362
(3)$7,362 × 100
      Total minimum amount of funds the LEA must spend for the education of children with disabilities enrolled in the LEA's elementary schools before using Part B funds$ 736,200

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Appendix B to Part 300—Proportionate Share Calculation

Each LEA must expend, during the grant period, on the provision of special education and related services for the parentally-placed private school children with disabilities enrolled in private elementary schools and secondary schools located in the LEA an amount that is equal to—

(1) A proportionate share of the LEA's subgrant under section 611(f) of the Act for children with disabilities aged 3 through 21. This is an amount that is the same proportion of the LEA's total subgrant under section 611(f) of the Act as the number of parentally-placed private school children with disabilities aged 3 through 21 enrolled in private elementary schools and secondary schools located in the LEA is to the total number of children with disabilities enrolled in public and private elementary schools and secondary schools located in the LEA aged 3 through 21; and

(2) A proportionate share of the LEA's subgrant under section 619(g) of the Act for children with disabilities aged 3 through 5. This is an amount that is the same proportion of the LEA's total subgrant under section 619(g) of the Act as the total number of parentally-placed private school children with disabilities aged 3 through 5 enrolled in private elementary schools located in the LEA is to the total number of children with disabilities enrolled in public and private elementary schools located in the LEA aged 3 through 5.

Consistent with section 612(a)(10)(A)(i) of the Act and §300.133 of these regulations, annual expenditures for parentally-placed private school children with disabilities are calculated based on the total number of children with disabilities enrolled in public and private elementary schools and secondary schools located in the LEA eligible to receive special education and related services under Part B, as compared with the total number of eligible parentally-placed private school children with disabilities enrolled in private elementary schools located in the LEA. This ratio is used to determine the proportion of the LEA's total Part B subgrants under section 611(f) of the Act for children aged 3 through 21, and under section 619(g) of the Act for children aged 3 through 5, that is to be expended on services for parentally-placed private school children with disabilities enrolled in private elementary schools and secondary schools located in the LEA.

The following is an example of how the proportionate share is calculated:

There are 300 eligible children with disabilities enrolled in the Flintstone School District and 20 eligible parentally-placed private school children with disabilities enrolled in private elementary schools and secondary schools located in the LEA for a total of 320 eligible public and private school children with disabilities (note: proportionate share for parentally-placed private school children is based on total children eligible, not children served). The number of eligible parentally-placed private school children with disabilities (20) divided by the total number of eligible public and private school children with disabilities (320) indicates that 6.25 percent of the LEA's subgrant must be spent for the group of eligible parentally-placed children with disabilities enrolled in private elementary schools and secondary schools located in the LEA. Flintstone School District receives $152,500 in Federal flow through funds. Therefore, the LEA must spend $9,531.25 on special education or related services to the group of parentally-placed private school children with disabilities enrolled in private elementary schools and secondary schools located in the LEA. (Note: The LEA must calculate the proportionate share of IDEA funds before earmarking funds for any early intervening activities in §300.226).

The following outlines the calculations for the example of how the proportionate share is calculated.

Proportionate Share Calculation for Parentally-Placed Private School Children with Disabilities For Flintstone School District:
Number of eligible children with disabilities in public schools in the LEA300
Number of parentally-placed eligible children with disabilities in private elementary schools and secondary schools located in the LEA20
Total number of eligible children320
Federal Flow-Through Funds to Flintstone School District
Total allocation to Flintstone$152,500
Calculating Proportionate Share:
Total allocation to Flinstone152,500
Divided by total number of eligible children320
Average allocation per eligible child476.5625
Multiplied by the number of parentally-placed children with disabilities20
Amount to be expended for parentally-placed children with disabilities9,531.25

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Appendix C to Part 300—National Instructional Materials Accessibility Standard (NIMAS)

Under sections 612(a)(23)(A) and 674(e)(4) of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004, the Secretary of Education establishes the NIMAS. Under section 674(e)(4) of the Act, the NIMAS applies to print instructional materials published after July 19, 2006. The purpose of the NIMAS is to help increase the availability and timely delivery of print instructional materials in accessible formats to blind or other persons with print disabilities in elementary and secondary schools.

Technical Specifications—The Baseline Element Set

The Baseline Element Set details the minimum requirement that must be delivered to fulfill the NIMAS. It is the responsibility of publishers to provide this NIMAS-conformant XML content file, a package file (OPF), a PDF-format copy of the title page (or whichever page(s) contain(s) ISBN and copyright information), and a full set of the content's images. All of the images included within a work must be provided in a folder and placeholders entered in the relevant XML document indicating their location (all images must be included). The preferred image type is SVG, next is either PNG or JPG format. Images should be rendered in the same size/proportion as their originals at 300 dpi. Images should be named with relative path filenames in XML files (example: img id=“staricon4” src=“./images/U10C02/staricon4.jpg” alt=“star icon”).

NIMAS-conformant content must be valid to the NIMAS 1.1 [see ANSI/NISO Z39.86 2005 or subsequent revisions]. In addition, files are required to use the tags from the Baseline Element Set when such tags are appropriate. Publishers are encouraged to augment the required Baseline Element Set with tags from the Optional Element Set (elements not included in the Standard) as applicable. For the purposes of NIMAS, appropriate usage of elements, both baseline and optional, is defined by the DAISY Structure Guidelines. Files that do not follow these guidelines in the selection and application of tags are not conformant to this Standard. Both optional elements and appropriate structure guidelines may be located within Z39.86-2002 and Z39.86-2005 available from http://www.daisy.org/z3986/. Use of the most current standard is recommended.

The Baseline Element Set

Element Description
a. Document-level tags
dtbookThe root element in the Digital Talking Book DTD. <dtbook>contains metadata in <head>and the contents itself in <book>.
headContains metainformation about the book but no actual content of the book itself, which is placed in <book>.
bookSurrounds the actual content of the document, which is divided into <frontmatter>, <bodymatter>, and <rearmatter>. <head>, which contains metadata, precedes <book>.
metaIndicates metadata about the book. It is an empty element that may appear repeatedly only in <head>.
For the most current usage guidelines, please refer to http://www.daisy.org/z3986/
b. Structure and Hierarchy
frontmatterUsually contains <doctitle>and <docauthor>, as well as preliminary material that is often enclosed in appropriate <level>or <level1>etc. Content may include a copyright notice, a foreword, an acknowledgements section, a table of contents, etc. <frontmatter>serves as a guide to the content and nature of a <book>.
bodymatterConsists of the text proper of a book, as contrasted with preliminary material <frontmatter>or supplementary information in <rearmatter>.
rearmatterContains supplementary material such as appendices, glossaries, bibliographies, and indices. It follows the <bodymatter>of the book.
level1The highest-level container of major divisions of a book. Used in <frontmatter>, <bodymatter>, and <rearmatter>to mark the largest divisions of the book (usually parts or chapters), inside which <level2>subdivisions (often sections) may nest. The class attribute identifies the actual name (e.g., part, chapter) of the structure it marks. Contrast with <level>.
level2Contains subdivisions that nest within <level1>divisions. The class attribute identifies the actual name (e.g., subpart, chapter, subsection) of the structure it marks.
level3Contains sub-subdivisions that nest within <level2>subdivisions (e.g., sub-subsections within subsections). The class attribute identifies the actual name (e.g., section, subpart, subsubsection) of the subordinate structure it marks.
level4Contains further subdivisions that nest within <level3>subdivisions. The class attribute identifies the actual name of the subordinate structure it marks.
level5Contains further subdivisions that nest within <level4>subdivisions. The class attribute identifies the actual name of the subordinate structure it marks.
level6Contains further subdivisions that nest within <level5>subdivisions. The class attribute identifies the actual name of the subordinate structure it marks.
h1Contains the text of the heading for a <level1>structure.
h2Contains the text of the heading for a <level2>structure.
h3Contains the text of the heading for a <level3>structure.
h4Contains the text of the heading for a <level4>structure.
h5Contains the text of the heading for a <level5>structure.
h6Contains the text of the heading for a <level6>structure.
For the most current usage guidelines, please refer to http://www.daisy.org/z3986/
c. Block elements
authorIdentifies the writer of a work other than this one. Contrast with <docauthor>, which identifies the author of this work. <author>typically occurs within <blockquote>and <cite>.
blockquoteIndicates a block of quoted content that is set off from the surrounding text by paragraph breaks. Compare with <q>, which marks short, inline quotations.
listContains some form of list, ordered or unordered. The list may have an intermixed heading <hd>(generally only one, possibly with <prodnote>), and an intermixture of list items <li>and <pagenum>. If bullets and outline enumerations are part of the print content, they are expected to prefix those list items in content, rather than be implicitly generated.
liMarks each list item in a <list>. <li>content may be either inline or block and may include other nested lists. Alternatively it may contain a sequence of list item components, <lic>, that identify regularly occurring content, such as the heading and page number of each entry in a table of contents.
hdMarks the text of a heading in a <list>or <sidebar>.
noteMarks a footnote, endnote, etc. Any local reference to <note id=“yyy”>is by <noteref idref=“#yyy””>. [Attribute id]
pContains a paragraph, which may contain subsidiary <list>or <dl>.
sidebarContains information supplementary to the main text and/or narrative flow and is often boxed and printed apart from the main text block on a page. It may have a heading <hd>.
citeMarks a reference (or citation) to another document.
ddMarks a definition of the preceding term <dt>within a definition list <dl>. A definition without a preceding <dt>has no semantic interpretation, but is visually presented aligned with other <dd>.
dlContains a definition list, usually consisting of pairs of terms <dt>and definitions <dd>. Any definition can contain another definition list.
dtMarks a term in a definition list <dl>for which a definition <dd>follows.
For the most current usage guidelines, please refer to http://www.daisy.org/z3986/
d. Inline Elements
emIndicates emphasis. Usually <em>is rendered in italics. Compare with <strong>.
qContains a short, inline quotation. Compare with <blockquote>, which marks a longer quotation set off from the surrounding text.
strongMarks stronger emphasis than <em>. Visually <strong>is usually rendered bold.
subIndicates a subscript character (printed below a character's normal baseline). Can be used recursively and/or intermixed with <sup>.
supMarks a superscript character (printed above a character's normal baseline). Can be used recursively and/or intermixed with <sub>.
brMarks a forced line break.
lineMarks a single logical line of text. Often used in conjunction with <linenum>in documents with numbered lines. [Use only when line breaks must be preserved to capture meaning (e.g., poems, legal texts).]
linenumContains a line number, for example in legal text. [Use only when <line>is used, and only for lines numbered in print book.]
pagenumContains one page number as it appears from the print document, usually inserted at the point within the file immediately preceding the first item of content on a new page. [NB: Only valid when it includes an id attribute].
noterefMarks one or more characters that reference a footnote or endnote <note>. Contrast with <annoref>. <noteref>and <note>are independently skippable.
For the most current usage guidelines, please refer to http://www.daisy.org/z3986/
e. Tables
tableContains cells of tabular data arranged in rows and columns. A <table>may have a <caption>. It may have descriptions of the columns in <col>s or groupings of several <col>in <colgroup>. A simple <table>may be made up of just rows <tr>. A long table crossing several pages of the print book should have separate <pagenum>values for each of the pages containing that <table>indicated on the page where it starts. Note the logical order of optional <thead>, optional <tfoot>, then one or more of either <tbody>or just rows <tr>. This order accommodates simple or large, complex tables. The <thead>and <tfoot>information usually helps identify content of the <tbody>rows. For a multiple-page print <table>the <thead>and <tfoot>are repeated on each page, but not redundantly tagged.
tdIndicates a table cell containing data.
trMarks one row of a <table>containing <th>or <td>cells.
For the most current usage guidelines, please refer to http://www.daisy.org/z3986/
f. Images
imggroupProvides a container for one or more <img>and associated <caption>(s) and <prodnote>(s). A <prodnote>may contain a description of the image. The content model allows: 1) multiple <img>if they share a caption, with the ids of each <img>in the <caption imgref=“id1 id2 ...”>, 2) multiple <caption>if several captions refer to a single <img id=“xxx”>where each caption has the same <caption imgref=“xxx”>, 3) multiple <prodnote>if different versions are needed for different media (e.g., large print, braille, or print). If several <prodnote>refer to a single <img id=“xxx”>, each prodnote has the same <prodnote imgref=“xxx”>.
imgPoints to the image to be rendered. An <img>may stand alone or be grouped using <imggroup>. Note that providing extracted images is not a requirement of the NIMAS. If they are included, it is best to refer to them using <img>within the <imggroup>container.
captionDescribes a <table>or <img>. If used with <table>it must follow immediately after the <table>start tag. If used with <imggroup>it is not so constrained.
For the most current usage guidelines, please refer to http://www.daisy.org/z3986/

1. The Optional Elements and Guidelines for Use

Publishers are encouraged to apply markup beyond the baseline (required) elements. The complete DTBook Element Set reflects the tags necessary to create the six types of Digital Talking Books and Braille output. Because of the present necessity to subdivide the creation of alternate format materials into distinct phases, the Panel determined that baseline elements would be provided by publishers, and optional elements would be added to the NIMAS-conformant files by third party conversion entities. In both circumstances the protocols for tagging digital files should conform to the most current ANSI/NISO Z39.86 specification. Content converters are directed to the most current DAISY Structure Guidelines (http://www.daisy.org/z3986/) for guidance on their use.

Since the publication of the original National File Format report from which the NIMAS technical specifications were derived, ANSI/NISO Z39.86-2002 was updated and is now ANSI/NISO Z39.86-2005. It may be best to avoid using the following optional elements which are no longer included in ANSI/NISO Z39.86-2005: style, notice, hr, and levelhd.

Also, the following new elements were introduced by ANSI/NISO Z39.86-2005 and should be considered optional elements for the NIMAS: bridgehead, byline, covertitle, dateline, epigraph, linegroup, and poem. Please refer to ANSI/NISO Z39.86-2005 for additional information regarding these elements. To access the ANSI/NISO Z39.86-2005 specification, go to http://www.daisy.org/z3986/.

2. Package File

A package file describes a publication. It identifies all other files in the publication and provides descriptive and access information about them. A publication must include a package file conforming to the NIMAS. The package file is based on the Open eBook Publication Structure 1.2 package file specification (For most recent detail please see http://www.openebook.org/oebps/oebps1.2/download/oeb12-xhtml.htm#sec2). A NIMAS package file must be an XML-valid OeB PS 1.2 package file instance and must meet the following additional standards:

The NIMAS Package File must include the following Dublin Core (dc:)metadata:

dc:Title.

dc:Creator (if applicable).

dc:Publisher.

dc:Date (Date of NIMAS-compliant file creation—yyyy-mm-dd).

dc:Format (=“NIMAS 1.0”).

dc:Identifier (a unique identifier for the NIMAS-compliant digital publication, e.g., print ISBN + “-NIMAS”—exact format to be determined).

dc:Language (one instance, or multiple in the case of a foreign language textbook, etc.).

dc:Rights (details to be determined).

dc:Source (ISBN of print version of textbook).

And the following x-metadata items:

nimas-SourceEdition (the edition of the print textbook).

nimas-SourceDate (date of publication of the print textbook).

The following metadata were proposed also as a means of facilitating recordkeeping, storage and file retrieval:

dc:Subject (Lang Arts, Soc Studies, etc.).

nimas-grade (specific grade level of the print textbook, e.g.; Grade 6).

nimas gradeRange (specific grade range of the print textbook, e.g.; Grades 4-5).

An additional suggestion references the use of:

dc:audience:educationLevel (for the grade and gradeRange identifiers, noting that Dublin Core recommends using educationLevel with an appropriate controlled vocabulary for context, and recommends the U.S. Department of Education's Level of Education vocabulary online at http://www.ed.gov/admin/reference/index.jsp. Using educationLevel obviates the need for a separate field for gradeRange since dc elements can repeat more than once. A book used in more than one grade would therefore have two elements, one with value “Grade 4” and another with value “Grade 5.”

A final determination as to which of these specific metadata elements to use needs to be clarified in practice. The package manifest must list all provided files (text, images, etc.).

(Note: For purposes of continuity and to minimize errors in transformation and processing, the NIMAS-compliant digital text should be provided as a single document.)

3. Modular Extensions

The most current DAISY/NISO standard, formally the ANSI/NISO Z39.86, Specifications for the Digital Talking Book defines a comprehensive system for creating Digital Talking Books. A part of this standard is DTBook, an XML vocabulary that provides a core set of elements needed to produce most types of books. However, DTBook is not intended to be an exhaustive vocabulary for all types of books.

Guidelines for the correct approach to extend the DAISY/NISO standard have been established. Mathematics, video support, testing, workbooks, music, dictionaries, chemistry, and searching are some of the extensions that have been discussed. Visit http://www.daisy.org/z3986/ to learn more about modular extensions.

End

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Appendix D to Part 300—Maintenance of Effort and Early Intervening Services

LEAs that seek to reduce their local maintenance of effort in accordance with §300.205(d) and use some of their Part B funds for early intervening services under §300.226 must do so with caution because the local maintenance of effort reduction provision and the authority to use Part B funds for early intervening services are interconnected. The decisions that an LEA makes about the amount of funds that it uses for one purpose affect the amount that it may use for the other. Below are examples that illustrate how §§300.205(d) and 300.226(a) affect one another.

Example 1: In this example, the amount that is 15 percent of the LEA's total grant (see §300.226(a)), which is the maximum amount that the LEA may use for early intervening services (EIS), is greater than the amount that may be used for local maintenance of effort (MOE) reduction (50 percent of the increase in the LEA's grant from the prior year's grant) (see §300.205(a)).

Prior Year's Allocation$900,000.
Current Year's Allocation1,000,000.
Increase100,000.
Maximum Available for MOE Reduction50,000.
Maximum Available for EIS150,000.
If the LEA chooses to set aside $150,000 for EIS, it may not reduce its MOE (MOE maximum $50,000 less $150,000 for EIS means $0 can be used for MOE).

If the LEA chooses to set aside $100,000 for EIS, it may not reduce its MOE (MOE maximum $50,000 less $100,000 for EIS means $0 can be used for MOE).

If the LEA chooses to set aside $50,000 for EIS, it may not reduce its MOE (MOE maximum $50,000 less $50,000 for EIS means $0 can be used for MOE).

If the LEA chooses to set aside $30,000 for EIS, it may reduce its MOE by $20,000 (MOE maximum $50,000 less $30,000 for EIS means $20,000 can be used for MOE).

If the LEA chooses to set aside $0 for EIS, it may reduce its MOE by $50,000 (MOE maximum $50,000 less $0 for EIS means $50,000 can be used for MOE).

Example 2: In this example, the amount that is 15 percent of the LEA's total grant (see §300.226(a)), which is the maximum amount that the LEA may use for EIS, is less than the amount that may be used for MOE reduction (50 percent of the increase in the LEA's grant from the prior year's grant) (see §300.205(a)).

Prior Year's Allocation$1,000,000.
Current Year's Allocation2,000,000.
Increase1,000,000.
Maximum Available for MOE Reduction500,000.
Maximum Available for EIS300,000.
If the LEA chooses to use no funds for MOE, it may set aside $300,000 for EIS (EIS maximum $300,000 less $0 means $300,000 for EIS).

If the LEA chooses to use $100,000 for MOE, it may set aside $200,000 for EIS (EIS maximum $300,000 less $100,000 means $200,000 for EIS).

If the LEA chooses to use $150,000 for MOE, it may set aside $150,000 for EIS (EIS maximum $300,000 less $150,000 means $150,000 for EIS).

If the LEA chooses to use $300,000 for MOE, it may not set aside anything for EIS (EIS maximum $300,000 less $300,000 means $0 for EIS).

If the LEA chooses to use $500,000 for MOE, it may not set aside anything for EIS (EIS maximum $300,000 less $500,000 means $0 for EIS).

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Appendix E to Part 300—Local Educational Agency Maintenance of Effort Calculation Examples

The following tables provide examples of calculating LEA MOE. Figures are in $10,000s. All references to a “fiscal year” in these tables refer to the fiscal year covering that school year, unless otherwise noted.

Tables 1 through 4 provide examples of how an LEA complies with the Subsequent Years rule. In Table 1, for example, an LEA spent $1 million in Fiscal Year (FY) 2012-2013 on the education of children with disabilities. In the following year, the LEA was required to spend at least $1 million but spent only $900,000. In FY 2014-2015, therefore, the LEA was required to spend $1 million, the amount it was required to spend in FY 2013-2014, not the $900,000 it actually spent.

Table 1—Example of Level of Effort Required To Meet MOE Compliance Standard in Year Following a Year in Which LEA Failed To Meet MOE Compliance Standard

Fiscal yearActual level
of effort
Required level of effortNotes
2012-2013$100$100LEA met MOE.
2013-201490100LEA did not meet MOE.
2014-2015100Required level of effort is $100 despite LEA's failure in 2013-2014.

Table 2 shows how to calculate the required amount of effort when there are consecutive fiscal years in which an LEA does not meet MOE.

Table 2—Example of Level of Effort Required To Meet MOE Compliance Standard in Year Following Consecutive Years in Which LEA Failed To Meet MOE Compliance Standard

Fiscal yearActual level
of effort
Required level of effortNotes
2012-2013$100$100LEA met MOE.
2013-201490100LEA did not meet MOE.
2014-201590100LEA did not meet MOE. Required level of effort is $100 despite LEA's failure in 2013-2014.
2015-2016100Required level of effort is $100 despite LEA's failure in 2013-2014 and 2014-2015.

Table 3 shows how to calculate the required level of effort in a fiscal year after the year in which an LEA spent more than the required amount on the education of children with disabilities. This LEA spent $1.1 million in FY 2015-2016 though only $1 million was required. The required level of effort in FY 2016-2017, therefore, is $1.1 million.

Table 3—Example of Level of Effort Required To Meet MOE Compliance Standard in Year Following Year in Which LEA Met MOE Compliance Standard

Fiscal yearActual level
of effort
Required level of effortNotes
2012-2013$100$100LEA met MOE.
2013-201490100LEA did not meet MOE.
2014-201590100LEA did not meet MOE. Required level of effort is $100 despite LEA's failure in 2013-2014.
2015-2016110100LEA met MOE.
2016-2017110Required level of effort is $110 because LEA expended $110, and met MOE, in 2015-2016.

Table 4 shows the same calculation when, in an intervening fiscal year, 2016-2017, the LEA did not maintain effort.

Table 4—Example of Level of Effort Required To Meet MOE Compliance Standard in Year Following Year in Which LEA Did Not Meet MOE Compliance Standard

Fiscal yearActual level
of effort
Required level of effortNotes
2012-2013$100$100LEA met MOE.
2013-201490100LEA did not meet MOE.
2014-201590100LEA did not meet MOE. Required level of effort is $100 despite LEA's failure in 2013-2014.
2015-2016110100LEA met MOE.
2016-2017100110LEA did not meet MOE. Required level of effort is $110 because LEA expended $110, and met MOE, in 2015-2016.
2017-2018110Required level of effort is $110, despite LEA's failure in 2016-2017.

Table 5 provides an example of how an LEA may meet the compliance standard using alternate methods from year to year without using the exceptions or adjustment in §§300.204 and 300.205, and provides information on the following scenario. In FY 2015-2016, the LEA meets the compliance standard using all four methods. As a result, in order to demonstrate that it met the compliance standard using any one of the four methods in FY 2016-2017, the LEA must expend at least as much as it did in FY 2015-2016 using that same method. Because the LEA spent the same amount in FY 2016-2017 as it did in FY 2015-2016, calculated using a combination of State and local funds and a combination of State and local funds on a per capita basis, the LEA met the compliance standard using both of those methods in FY 2016-2017. However, the LEA did not meet the compliance standard in FY 2016-2017 using the other two methods—local funds only or local funds only on a per capita basis—because it did not spend at least the same amount in FY 2016-2017 as it did in FY 2015-2016 using the same methods.

Table 5—Example of How an LEA May Meet the Compliance Standard Using Alternate Methods From Year to Year

Fiscal yearLocal funds onlyCombination of
State and local
funds
Local funds only
on a per
capita basis
Combination of
State and local
funds on a per
capita basis
Child count
2015-2016*$500*$950*$50*$9510
2016-2017400*95040*9510
2017-2018*500900*509010

*LEA met compliance standard using this method.

Table 6 provides an example of how an LEA may meet the compliance standard using alternate methods from year to year in years in which the LEA used the exceptions or adjustment in §§300.204 and 300.205, including using the per capita methods.

Table 6—Example of How an LEA May Meet the Compliance Standard Using Alternate Methods From Year to Year and Using Exceptions or Adjustment Under §§300.204 and 300.205

Fiscal yearLocal funds onlyCombination of State and local fundsLocal funds only on a per capita basisCombination of State and local funds on a per capita basisChild count
2015- 2016$500*$950*$50*$95*10
2016- 2017400950*4095*10
2017-2018450*1,000*45*100*10
   In 2017-2018, the LEA was required to spend at least the same amount in local funds only that it spent in the preceding fiscal year, subject to the Subsequent Years rule. Therefore, prior to taking any exceptions or adjustment in §§300.204 and 300.205, the LEA was required to spend at least $500 in local funds only
In 2017-2018, the LEA properly reduced its expenditures, per an exception in §300.204, by $50, and therefore, was required to spend at least $450 in local funds only ($500) from 2015-2016 per Subsequent Years rule − $50 allowable reduction per an exception under §300.204)
In 2017-2018, the LEA was required to spend at least the same amount in local funds only on a per capita basis that it spent in the preceding fiscal year, subject to the Subsequent Years rule. Therefore, prior to taking any exceptions or adjustment in §§300.204 and 300.205, the LEA was required to spend at least $50 in local funds only on a per capita basis
In 2017-2018, the LEA properly reduced its aggregate expenditures, per an exception in §300.204, by $50
$50/10 children with disabilities in the comparison year (2015-2016) = $5 per capita allowable reduction per an exception under §300.204
$50 local funds only on a per capita basis (from 2015-2016 per Subsequent Years rule) − $5 allowable reduction per an exception under §300.204 = $45 local funds only on a per capita basis to meet MOE
2018-20194051,000*45*111.11*9
   In 2018-2019, the LEA was required to spend at least the same amount in local funds only that it spent in the preceding fiscal year, subject to the Subsequent Years rule. Therefore, prior to taking any exceptions or adjustment in §§300.204 and 300.205, the LEA was required to spend at least $450 in local funds only
In 2018-2019, the LEA properly reduced its expenditures, per an exception in §300.204 by $10 and the adjustment in §300.205 by $10
Therefore, the LEA was required to spend at least $430 in local funds only. ($450 from 2017-2018 − $20 allowable reduction per an exception and the adjustment under §§300.204 and 300.205)
Because the LEA did not reduce its expenditures from the comparison year (2017-2018) using a combination of State and local funds, the LEA met MOEIn 2018-2019, the LEA was required to spend at least the same amount in local funds only on a per capita basis that it spent in the preceding fiscal year, subject to the Subsequent Years rule. Therefore, prior to taking any exceptions or adjustment in §§300.204 and 300.205, the LEA was required to spend at least $45 in local funds only on a per capita basis
In 2018-2019, the LEA properly reduced its aggregate expenditures, per an exception in §300.204 by $10 and the adjustment in §300.205 by $10
$20/10 children with disabilities in the comparison year (2017-2018) = $2 per capita allowable reduction per an exception and the adjustment under §§300.204 and 300.205
$45 local funds only on a per capita basis (from 2017-2018) − $2 allowable reduction per an exception and the adjustment under §§300.204 and 300.205 = $43 local funds only on a per capita basis required to meet MOE. Actual level of effort is $405/9 (the current year child count)
Because the LEA did not reduce its expenditures from the comparison year (2017-2018) using a combination of State and local funds on a per capita basis ($1,000/9 = $111.11 and $111.11 > $100), the LEA met MOE

*LEA met MOE using this method.

Note: When calculating any exception(s) and/or adjustment on a per capita basis for the purpose of determining the required level of effort, the LEA must use the child count from the comparison year, and not the child count of the year in which the LEA took the exception(s) and/or adjustment. When determining the actual level of effort on a per capita basis, the LEA must use the child count for the current year. For example, in 2018-2019, the LEA uses a child count of 9, not the child count of 10 in the comparison year, to determine the actual level of effort.

Tables 7 and 8 demonstrate how an LEA could meet the eligibility standard over a period of years using different methods from year to year. These tables assume that the LEA did not take any of the exceptions or adjustment in §§300.204 and 300.205. Numbers are in $10,000s budgeted and spent for the education of children with disabilities.

Table 7—Example of How an LEA May Meet the Eligibility Standard in 2016-2017 Using Different Methods

Fiscal yearLocal funds
only
Combination
of State and
local funds
Local funds
only on a
per capita
basis
Combination
of State and
local funds
on a per
capita basis
Child countNotes
2014-2015*$500*$1,000*$50*$10010The LEA met the compliance standard using all 4 methods.*
2015-2016Final information not available at time of budgeting for 2016-2017.
How much must the LEA budget for 2016-2017 to meet the eligibility standard in 2016-2017?5001,00050100When the LEA submits a budget for 2016-2017, the most recent fiscal year for which the LEA has information is 2014-2015. It is not necessary for the LEA to consider information on expenditures for a fiscal year prior to 2014-2015 because the LEA maintained effort in 2014-2015. Therefore, the Subsequent Years rule in §300.203(c) is not applicable.

*The LEA met the compliance standard using all 4 methods.

Table 8—Example of How an LEA May Meet the Eligibility Standard in 2017-2018 Using Different Methods and the Application of the Subsequent Years Rule

Fiscal yearLocal funds
only
Combination
of State and
local funds
Local funds
only on a
per capita
basis
Combination
of State and
local funds
on a per
capita basis
Child countNotes
2014-2015*$500*$1,000*$50*$10010
2015-2016450*1,00045*10010
2016-2017Final information not available at time of budgeting for 2017-2018.
How much must the LEA budget for 2017-2018 to meet the eligibility standard in 2017-2018?5001,00050100If the LEA seeks to use a combination of State and local funds, or a combination of State and local funds on a per capita basis, to meet the eligibility standard, the LEA does not consider information on expenditures for a fiscal year prior to 2015-2016 because the LEA maintained effort in 2015-2016 using those methods.
   However, if the LEA seeks to use local funds only, or local funds only on a per capita basis, to meet the eligibility standard, the LEA must use information on expenditures for a fiscal year prior to 2015-2016 because the LEA did not maintain effort in 2015-2016 using either of those methods, per the Subsequent Years rule. That is, the LEA must determine what it should have spent in 2015-2016 using either of those methods, and that is the amount that the LEA must budget in 2017-2018.

*LEA met MOE using this method.

Table 9 provides an example of how an LEA may consider the exceptions and adjustment in §§300.204 and 300.205 when budgeting for the expenditures for the education of children with disabilities.

Table 9—Example of How an LEA May Meet the Eligibility Standard Using Exceptions and Adjustment in §§300.204 and 300.205, 2016-2017

Fiscal yearLocal funds
only
Combination
of State and
local funds
Local funds
only on a
per capita
basis
Combination
of State and
local funds
on a per
capita basis
Child countNotes
Actual 2014-2015 expenditures*$500*$1,000*$50*$10010The LEA met the compliance standard using all 4 methods.*
Exceptions and adjustment taken in 2015-2016−50−50−5−5LEA uses the child count number from the comparison year (2014-2015).
Exceptions and adjustment the LEA reasonably expects to take in 2016-2017−25−25−2.50−2.50LEA uses the child count number from the comparison year (2014-2015).
How much must the LEA budget to meet the eligibility standard in 2016-2017?42592542.5092.50When the LEA submits a budget for 2016-2017, the most recent fiscal year for which the LEA has information is 2014-2015. However, if the LEA has information on exceptions and adjustment taken in 2015-2016, the LEA may use that information when budgeting for 2016-2017. The LEA may also use information that it has on any exceptions and adjustment it reasonably expects to take in 2016-2017 when budgeting for that year.

Table 10 provides examples both of how to calculate the amount by which an LEA failed to maintain its level of expenditures and of the amount of non-Federal funds that an SEA must return to the Department on account of that failure.

Table 10—Example of How To Calculate the Amount of an LEA's Failure to Meet the Compliance Standard in 2016-2017 and the Amount That an SEA Must Return to the Department

Fiscal yearLocal funds
only
Combination
of State and
local funds
Local funds
only on a
per capita
basis
Combination
of State and
local funds
on a per
capita basis
Child countAmount of IDEA Part B subgrant
2015-2016*$500*$950$50*$95*Not relevant.
2016-2017400750407510$50
Amount by which an LEA failed to maintain its level of expenditures in 2016-2017100200100 (the amount of the failure equals the amount of the per capita shortfall ($10) times the number of children with disabilities in 2016-2017 (10))200 (the amount of the failure equals the amount of the per capita shortfall ($20) times the number of children with disabilities in 2016-2017 (10))

The SEA determines that the amount of the LEA's failure is $100 using the calculation method that results in the lowest amount of a failure. The SEA's liability is the lesser of the four calculated shortfalls and the amount of the LEA's Part B subgrant in the fiscal year in which the LEA failed to meet the compliance standard. In this case, the SEA must return $50 to the Department because the LEA's IDEA Part B subgrant was $50, and that is the lower amount.

*LEA met MOE using this method.

[80 FR 23667, Apr. 28, 2015]

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Appendix F to Part 300—Index for IDEA—Part B Regulations (34 CFR Part 300)

ACCESS TO
  Access rights (Parents)300.613.
  Assistive technology devices in child's home300.105(b).
  Disciplinary records300.229.
  Education records (Procedural safeguards notice)300.504(c)(4).
  General curriculum (Ensure access to)300.39(b)(3)(ii).
  Instructional materials (see §§300.172, 300.210).
  List of employees who may have access to records300.623(d).
  Parent's private insurance proceeds300.154(e).
  Record of access (Confidentiality)300.614.
ACCESSIBILITY STANDARDS (Regarding construction)
  Americans with Disabilities Accessibility Standards for Buildings and Facilities300.718(b)(1).
  Uniform Federal Accessibility Standards300.718(b)(2).
ACCOMMODATIONS
  In assessments300.320(a)(6)(i).
  State level activities in support of300.704(b)(4)(x).
ACT (Definition)300.4.
ADD AND ADHD (See “Attention deficit disorder” and “Attention deficit hyperactivity disorder”)
ADDITIONAL DISCLOSURE OF INFORMATION REQUIREMENT300.512(b).
ADULT CORRECTIONAL FACILITIES (See “Correctional facilities”)
ADULT PRISONS (Children with disabilities in)
  Divided State agency responsibility300.607.
  FAPE requirements:
Ο  Exception to FAPE300.102(a)(2).
Ο  Modifications of IEP or placement300.324(d)(2).
Ο  Requirements that do not apply300.324(d)(1).
  Governor300.149(d).
  Other public agency responsibility300.149(d).
ADVERSELY AFFECTS EDUCATIONAL PERFORMANCE (See “Child with a disability,” §300.8(c)(1)(i), (c)(3), (c)(4)(i), (c)(5), (c)(6), (c)(8), (c)(9)(ii), (c)(11), (c)(12))
ADVISORY BOARD
(Secretary of the Interior)300.714.
ADVISORY PANEL (See “State advisory panel”)
AGE-APPROPRIATE CLASSROOM300.116(e).
ALLOCATION(S)
  By-pass for private school children (see §300.191(d)).
  To LEAs (see §§300.705(b), 300.816)
  To Outlying areas300.701(a).
  To Secretary of the Interior300.707.
  To States (see §§300.703, 300.807 through 300.810)
ALLOWABLE COSTS
(By SEA for State administration)300.704(a).
ALTERATION OF FACILITIES300.718(b).
ALTERNATE ASSESSMENTS
  Aligned with alternate academic achievement standards300.320(a)(2)(ii).
  Development and provision of in accordance with ESEA300.704(b)(4)(x).
  Participation determined by IEP Team300.320(a)(6)(ii).
ALTERNATIVE PLACEMENTS (Continuum)300.115.
ALTERNATIVE STRATEGIES to meet transition objectives300.324(c)(1).
AMENDMENTS
  To LEA policies and procedures300.220(b).
  To State policies and procedures:
Ο  Made by State300.176(b).
Ο  Required by the Secretary300.176(c).
ANNUAL GOALS (IEPs)
  FAPE for children suspended or expelled (see §§300.101(a), 300.530(d))
  IEP content:
Ο  How progress will be measured300.320(a)(3).
Ο  Special education and related services300.320(a)(4).
Ο  Statement of measurable annual goals300.320(a)(2)(i).
  Review and revision of IEP300.324(b)(1).
  Review of existing evaluation data300.305(a).
ANNUAL REPORT
Of children served (see §§300.640 through 300.646)
On education of Indian children300.715.
APPENDICES TO PART 300 (A through E)
Excess Costs Calculation (see appendix A)
Proportionate Share Calculation (see appendix B)
National Instructional Materials Accessibility Standard (NIMAS) (see appendix C)
Maintenance of Effort and Early Intervening Services (see appendix D)
Index for IDEA—Part B Regulations (This appendix E)
APPLICABILITY OF THIS PART to State, local, and private agencies300.2.
APPLICATION
  Initial admission to public school300.518(b).
  Initial services300.518(c).
ASSESSMENT(S)
  For specific learning disability (see §300.309(a)(2)(ii), (b)(2))
  Functional behavioral assessment (see §300.530(d)(1)(ii), (f)(1)(i))
  In evaluation (see §§300.304(b), (c), 300.305(a)(1)(ii), (c), (d))
  Of leisure function (in “Recreation”)300.34(c)(11)(i).
ASSESSMENTS—STATE and DISTRICT-WIDE
Alternate assessments (see §300.320 (a)(2)(ii), (a)(6)(ii))
Performance indicators300.157.
ASSISTANCE UNDER OTHER FEDERAL PROGRAMS300.186.
ASSISTIVE TECHNOLOGY (AT)
  AT devices300.5.
  AT services300.6.
  Consideration of special factors300.324(a)(2)(v).
  Hearing aids300.113.
  Requirement:
Ο  Ensure availability of300.105(a).
Ο  Use of AT in child's home300.105(b).
  Surgically implanted medical devices (see §§300.5, 300.34(b), 300.113(b))
ASTHMA300.8(c)(9).
ATTENTION DEFICIT DISORDER (ADD)300.8(c)(9).
ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD)300.8(c)(9).
ATTORNEYS' FEES300.517.
  Award of fees300.517(c).
  Prohibition on use of funds for300.517(b).
  When court reduces fee awards300.517(c)(4).
AUDIOLOGY300.34(c)(1).
AUTHORITY (A-O)
  Of guardian300.30(a)(3).
  Of hearing officer (Discipline)300.532(b).
  Of school personnel (Discipline)300.530.
  Of Secretary to monitor and enforce300.609.
AUTHORITY (P-Z)
  Parental authority to inspect and review records300.613.
  State complaint procedures300.151(b).
  Waiver request (Signed by person with authority)300.164(c)(1).
AUTISM300.8(c)(1).
AVERAGE PER-PUPIL EXPENDITURE
(Definition)300.717(d).
BASE PAYMENTS (to LEAs) (See §300.705(b)(1), (b)(2))
BASIS OF KNOWLEDGE: Protection for children not yet eligible300.534(b).
BEHAVIORAL ASSESSMENT (See “Functional behavioral assessment”)
BEHAVIORAL INTERVENTION(S)300.530(f).
  Assist in developing300.34(c)(10)(vi).
  Behavioral intervention plan300.530(f).
  Consideration of by IEP Team300.324(a)(2)(i).
  Not a manifestation of disability300.530(d).
  Regular education teacher (Determination of)300.324(a)(3).
  Suspension and expulsion rates300.170(b).
BENCHMARKS OR SHORT TERM OBJECTIVES300.320(a)(2)(ii).
BENEFITS TO NONDISABLED (Permissive use of funds)300.208(a)(1).
BIA (See “Bureau of Indian Affairs”)
BLIND(NESS): Under “Visual impairment”
  Access to instructional materials (see §§300.172, 300.210(b)(3))
  Consideration of special factors by IEP Team300.324(a)(2).
  Definition300.8(c)(13).
BRAILLE (see §§300.29(b), 300.324(a)(2)(iii))
BUREAU OF INDIAN AFFAIRS (BIA)
  BIA funded schools300.28(c).
  In definition of “LEA”300.28(c).
  See also §§300.21(c), 300.713(b), (d), 300.714
  Use of funds300.712(d).
BUSINESS DAY
  Definition300.11(b).
  See “Timelines,” “Timelines—Discipline”
BY-PASS: Private school children with disabilities (see §§300.190 through 300.198)
CALENDAR DAY
  Definition300.11(a).
  See “Timelines,” “Timelines—Discipline”
CERTIFICATION
  Annual report of children served300.643.
CHANGE OF PLACEMENT BECAUSE OF DISCIPLINARY REMOVALS300.536.
CHARTER SCHOOLS
  Applicability of this part to300.2(b)(1)(ii).
  Definition300.7.
  Exception: joint establishment of eligibility300.223(b).
  In definition of “Elementary school”300.13.
  In definition of “LEA”300.28(b)(2).
  In definition of “Public agency”300.33.
  In definition of “Secondary school”300.36.
  State-level activities regarding charter schools300.704(b)(4)(ix).
  Treatment of charter schools and their students300.209.
CHIEF EXECUTIVE OFFICER (CEO)
  Adult prisons (Assigned by Governor)300.149(d).
  Methods of ensuring services (see §300.154(a), (c))
CHILD COUNT
  Annual report of children served (see §§300.640 through 300.646)
  Certification300.643.
  Criteria for300.644.
  Dates for count300.641(a).
  Indian children300.712(b).
  LEA records of private school children300.132(c).
  Procedures for counting children served300.645(a).
CHILD FIND
  Basic requirement300.111(a).
  Children advancing from grade to grade300.111(c)(1).
  Developmental delay300.111(b).
  Highly mobile children300.111(c)(2).
  Homeless children300.111(a)(1)(i).
  Indian children aged 3 through 5300.712(d)(1).
  Migrant children300.111(c)(2).
  Private school children300.131(b).
  Protections for children not determined eligible300.534.
  Secretaries of the Interior and Health and Human Services (Memo of agreement)300.708(i)(2).
CHILD WITH A DISABILITY (CWD)
  Adversely affects educational performance (see §300.8(c)(1)(i), (c)(3), (c)(4)(i), (c)(5), (c)(6), (c)(8), (c)(9)(ii), (c)(11), (c)(12), (c)(13))
  Children experiencing developmental delay(s)300.8(b)(1).
  Children who need only a related service300.8(a)(2).
  Definition300.8(a)(1).
  Individual disability terms (Defined)300.8(c).
  Requirement300.111(b).
  See “Developmental delay(s)”
CHILD'S STATUS DURING PROCEEDINGS
  Discipline (see §§300.530(f)(2), 300.533)
  Pendency (Stay put)300.518.
CHILDREN ADVANCING FROM GRADE TO GRADE
  Child find300.111(c)(1).
  FAPE300.101(c).
CHILDREN EXPERIENCING DEVELOPMENTAL DELAY(S) (See “Developmental delay(s)”)
CHILDREN'S RIGHTS (Confidentiality)300.625.
CIVIL ACTION—PROCEEDINGS300.516.
  Finality of review decision300.514(d).
  Mediation300.506(b)(6)(i).
  Procedural safeguards notice300.504(c)(12).
  See “Court(s)”
COCHLEAR IMPLANT (See “Surgically implanted medical device”)300.34(b).
CODE OF CONDUCT
  Case-by-case determination300.530(a).
  Manifestation determination review300.530(e).
  Protections for children not determined eligible300.534(a).
COMMINGLING—PROHIBITION AGAINST300.162(b).
COMMUNITY-BASED WAIVERS (Public benefits or insurance)300.154(d)(2)(iii).
COMPLAINT(S): DUE PROCESS
  Attorneys' fees300.517(a)(1).
  Civil action300.516(a).
  Pendency300.518(a).
  Private school children (Complaints)300.140(c).
  See “Due process hearing(s) and reviews”
COMPLAINT(S): STATE COMPLAINT PROCEDURES (A-P)
  Adoption of State complaint procedures300.151(a).
  Complaint investigations (SEA allocations for)300.704(b)(3)(i).
  Filing a complaint300.153(a).
  Minimum State complaint procedures300.152.
  Private schools (State complaints)300.140.
  Procedural safeguards notice300.504(c).
  Provisions for services under by-pass300.191(d).
  Public agency failure to implement hearing decision300.152(c)(3).
COMPLAINT(S): STATE COMPLAINT PROCEDURES (Q-Z)
  See also §§300.151 through 300.153
  Time limit300.152(a).
  Waiver of nonsupplanting requirement300.163(c)(2).
COMPLIANCE—COMPLY (A-M)
  Child find requirements300.111(a).
  Department procedures (If failure to comply)300.604(c).
  FAPE requirement300.101(a).
  LEA and State agency compliance300.222(a).
  LRE (State funding mechanism)300.114(b).
  Modifications of policies:
Ο  Made by LEA or State agency300.176(b).
Ο  Required by SEA300.220(c).
Ο  Required by Secretary300.176(c).
  Monitoring (See “Monitor; Monitoring activities”);
COMPLIANCE—COMPLY (N-Z)
  Physical education300.108.
  Private school placement by parents300.148(e).
  Private school placements by public agencies:
Ο  IEP requirement300.325(c).
Ο  SEA (Monitor compliance)300.147(a)
  Public participation requirements300.165.
  SEA responsibility if LEA does not comply300.227(a).
  State funding mechanism (LRE)300.114(b).
  COMPREHENSIVE EVALUATION300.304(c)(6).
CONDITION OF ASSISTANCE
  LEA eligibility300.200.
  State eligibility300.100.
CONFIDENTIALITY (A-C)
  Access rights300.613.
  Children's rights300.625.
  Consent300.622.
CONFIDENTIALITY (D-E)
Definitions:
Ο  Destruction of information300.611(a).
Ο  Education records300.611(b).
Ο  Participating agency300.611(c).
  Department use of personally identifiable information300.627.
  Disciplinary information300.229.
  Enforcement by SEA300.626.
CONFIDENTIALITY (F-Z)
  Family Educational Rights and Privacy Act:
Ο  Children's rights300.625.
Ο  Disciplinary records300.535(b)(2).
Ο  In definition of “Education records”300.611(b).
Ο  Notice to parents300.612(a)(3).
  Fees300.617.
  Hearing procedures300.621.
  List of types and location of information300.616.
  Notice to parents300.612(a).
  Opportunity for a hearing300.619.
  Parental authority to inspect and review records300.613(b).
  Record of access300.614.
  Records on more than one child300.615.
  Result of hearing300.620.
  Safeguards300.623.
  State eligibility requirement300.123.
CONSENT (A-I)
  Confidentiality (Records to non-agency officials)300.622(a).
  Definition300.9.
  IEP vs. IFSP300.323(b)(2)(ii).
  Initial evaluations300.300(a).
  Initial provision of services300.300(b).
CONSENT (J-Z)
  Not required:
Ο  Before administering a test or other evaluation to all children300.300(d)(1)(ii).
Ο  Before reviewing existing data300.300(d)(1)(i).
Ο  When screening for instructional purposes300.302.
  Private insurance (Accessing)300.154(e)(1).
  Reasonable efforts to obtain consent:
Ο  For initial evaluation300.300(a)(1)(iii).
Ο  For initial evaluations for wards of the State300.300(a)(2).
Ο  For initial provision of services300.300(b)(2).
Ο  Reasonable efforts requirements300.300(d)(5).
  Reevaluations300.300(c)(2).
  Release of information from education records300.622.
CONSIDERATION OF SPECIAL FACTORS (by IEP Team)300.324(a)(2).
CONSISTENCY WITH STATE POLICIES: LEA300.201.
CONSTRUCTION
  Accessibility standards300.718(b).
  Exception to maintenance of effort (Termination of costly expenditures for construction)300.204(d).
  Private schools (No funds may be used for)300.144(e).
CONSTRUCTION CLAUSES (A-I)
  Child find (Nothing requires classifying children by disability)300.111(d).
  Civil action (Exhaust administrative remedies under Part B before filing a civil action)300.516(e).
  Early intervening services300.226(c).
  Funding mandated by State law300.166.
  Hearing: right of parent to appeal decision300.513(b).
  Highly qualified SEA or LEA staff300.156(e).
  Highly qualified teacher300.18(f).
  IEP (Inclusion of additional information beyond explicit requirements)300.320(d)(1).
  IEP (Information in more than one component not required)300.320(d)(2).
CONSTRUCTION CLAUSES (J-Z)
  Prohibition on mandatory medication300.174(b).
  Referral to and action by law enforcement and judicial authorities300.535(a).
  Secretary's authority to monitor enforcement under GEPA300.609.
  State Medicaid agency (Nothing alters requirements imposed under Titles XIX or XXI or other public benefits or insurance program)300.154(h).
  Transition service300.324(c)(2).
CONSUMER PRICE INDEX For All Urban Consumers (regarding rate of inflation) (See §§300.702(b), 300.704(a)(2)(ii), (b)(2), 300.812(b)(2))
CONTENT OF IEP300.320(a).
CONTINUUM OF ALTERNATIVE PLACEMENTS (See “Least restrictive environment”)300.115.
CONTROLLED SUBSTANCE (Definition)300.530(i)(1).
COORDINATION OF SERVICES
  Methods of ensuring services300.154(a).
  Secretary of the Interior300.708(i)(1).
Ο  Advisory board (Service coordination within BIA)300.714(b)(1).
Ο  Payments for children aged 3 through 5300.712(a).
Ο  Plan for coordination of services300.713.
  See “Interagency agreements,” “Interagency coordination”
  State advisory panel (Advise SEA on)300.169(e).
  Use of LEA funds for early intervening services300.208(a)(2).
  Use of SEA allocations for transition300.704(b)(4)(vi).
CO-PAY OR DEDUCTIBLE (Public benefits or insurance)300.154(d)(2)(ii).
CORE ACADEMIC SUBJECTS
  Definition300.10.
  See “Highly qualified special education teachers”300.18.
CORRECTIONAL FACILITIES
  Applicability of this part to300.2(b)(1)(iv).
  Divided State agency responsibility300.607.
  Exception to FAPE (Children in adult facilities)300.102(a)(2).
  See also “Adult prisons”
  State advisory panel (Representatives on)300.168(a)(11).
  State juvenile-adult correctional facilities300.2(b)(1)(iv).
  Transfer of rights to children in300.520(a)(2).
CORRECTIVE ACTION (PLAN)
  Corrective actions to achieve compliance (see §§300.152(b)(2)(iii), 300.607)
  Monitoring activities300.120(b)(2).
  Needs intervention by Secretary300.604(b)(2)(i).
  State advisory panel (Advise SEA on)300.169(d).
COUNSELING SERVICES (Definition)300.34(c)(2).
COUNT (See “Child count”)
COURT(S)
  Attorneys' fees300.517.
  Civil action300.516.
  Court order:
Ο  Exception to FAPE for certain ages300.102(a)(1).
  Judicial review:
Ο  By-pass300.197.
Ο  Department procedures300.184.
  New interpretation of Act by courts requiring modification300.176(c)(2).
  Reimbursement for private school placement (see §300.148(b) through (e))
CRIME (See “Reporting a crime”)300.535.
CRITERIA (A-I)
  Child count300.644.
  Child eligibility (Determinant factor)300.306(b)(1).
  IEP Team (Public agency representative)300.321(a)(4).
  Independent educational evaluation300.502.
CRITERIA (J-Z)
  Specific learning disability (see §§300.307, 300.309)
  Surrogate parents300.519(d).
CURRENT PLACEMENT (Discipline)
  Authority of hearing officer300.532(b).
  Placement during appeals300.533.
DATA (A-L)
  Allocation of remaining funds to LEAs300.816(d).
  Average per-pupil expenditure (Definition)300.717(d).
  By-pass (Provision of services under)300.191(c)(2).
  Determination of needed evaluation data300.305(c).
  Disaggregated data300.704(b)(4)(xi).
  Evaluation data:
Ο  Procedures for determining eligibility and placement300.306(c).
Ο  Review of existing data300.305(a)(1).
  Grants to States most recent data300.703(c)(1)(ii).
  LRE (Placements—meaning of evaluation data300.116(a)(1).
DATA (M-Z)
  Parental consent (Not required for reviewing existing evaluation data)300.300(d)(1)(i).
  State advisory council (Advise SEA on)300.169(c).
  Suspension and expulsion rates300.170(a).
DAY
  Business day (Definition)300.11(b).
  Day (Calendar)300.11(a).
  Discipline (See “Timelines—Discipline”)
  School day (Definition)300.11(c).
  See “Timelines”
DECREASE IN ENROLLMENT (Exception to LEA maintenance of effort)300.204(b).
DECREASE IN FUNDS (To States)300.703(d).
DEDUCTIBLE OR CO-PAY (Public benefits or insurance)300.154(d)(2)(ii).
DEFINITIONS (A-D)
  Act300.4.
  Assistive technology device300.5.
  Assistive technology service300.6.
  At no cost300.39(b)(1).
  Audiology300.34(c)(1).
  Autism300.8(c)(1).
  Average per-pupil expenditure in public elementary and secondary schools in the United States300.717(d).
  Business day300.11(b).
  Charter school300.7.
  Child with a disability300.8(a)(1).
  Consent300.9.
  Controlled substance300.530(i)(1).
  Core academic subjects300.10.
  Counseling services300.34(c)(2).
  Day; business day; school day300.11.
  Deaf-blindness300.8(c)(2).
  Deafness300.8(c)(3).
  Destruction (Of information)300.611(a).
  Developmental delays(s)300.8(b).
DEFINITIONS (E-H)
  Early identification and assessment300.34(c)(3).
  Education records300.611(b).
  Educational service agency300.12.
  Elementary school300.13.
  Emotional disturbance300.8(c)(4).
  Equipment300.14.
  Evaluation300.15.
  Excess costs300.16.
  Extended school year services300.106(b).
  Free appropriate public education300.17.
  Freely associated States300.717(a).
  Hearing impairment300.8(c)(5).
  Highly qualified special education teacher300.18(b).
  Homeless children300.19.
DEFINITIONS (I)
  IEP Team300.23.
  Illegal drug300.530(i)(2).
  Include300.20.
  Independent educational evaluation300.502(a)(3)(i).
  Indian300.21(a).
  Indian tribe300.21(b).
  Individualized education program (IEP)300.22.
  Individualized family service plan300.24.
  Infant or toddler with a disability300.25.
  Institution of higher education300.26.
  Intellectual Disability300.8(c)(6).
  Interpreting services300.34(c)(4).
DEFINITIONS (J-O)
  Limited English proficient (LEP)300.27.
  Local educational agency (LEA)300.28.
  Medical services300.34(c)(5).
  Multiple disabilities300.8(c)(7).
  Native language300.29(a).
  Occupational therapy300.34(c)(6).
  Orientation and mobility services300.34(c)(7).
  Orthopedic impairment300.8(c)(8).
  Other health impairment300.8(c)(9).
  Outlying areas300.717(b).
DEFINITIONS (P-R)
  Parent300.30(a).
  Parent counseling and training300.34(c)(8).
  Parent training and information center300.31.
  Parentally-placed private school children with disabilities300.130.
  Participating agency (as used in “Confidentiality”)300.611(c).
  Party or parties (Regarding procedures)300.181(a).
  Personally identifiable300.32.
  Physical education300.39(b)(2).
  Physical therapy300.34(c)(9).
  Psychological services300.34(c)(10).
  Public agency300.33.
  Public expense300.502(a)(3)(ii).
  Recreation300.34(c)(11).
  Rehabilitation counseling services300.34(c)(12).
  Related services300.34(a).
DEFINITIONS (S)
  School day300.11(c).
  School health services300.34(c)(13).
  School nurse services300.34(c)(13).
  Scientifically based research300.35.
  Secondary school300.36.
  Secretary300.38.
  Serious bodily injury300.530(i)(3).
  Services plan300.37.
  Social work services in schools300.34(c)(14).
  Special education300.39(a).
  Specially designed instruction300.39(b)(3).
  Specific learning disability300.8(c)(10).
  Speech-language pathology services300.34(c)(15).
  Speech or language impairment300.8(c)(11).
  State300.40.
  State (Special definition)300.717(c).
  State educational agency (SEA)300.41.
  Supplementary aids and services300.42.
DEFINITIONS (T-Z)
  Transition services300.43.
  Transportation300.34(c)(16).
  Traumatic brain injury300.8(c)(12).
  Travel training300.38(b)(4).
  Universal design300.44.
  Visual impairment including blindness300.8(c)(13).
  Vocational education300.39(b)(5).
  Ward of the State300.45.
  Weapon300.530(i)(4).
DEPARTMENT OF LABOR, Bureau of Labor Statistics (Regarding rate of inflation) (see §§300.702(b), 300.704(a)(2)(ii), (b)(2), 300.812(b)(2))
DEPARTMENT (U.S. Department of Education)
  Enforcement: hearing procedures (see §§300.178 through 300.184)
  Monitoring (Regarding Secretary of the Interior)300.708(a).
  Personally identifiable information (Use of)300.627.
DESTRUCTION OF INFORMATION300.624(b).
  Definition300.611(a).
DETERMINANT FACTOR for eligibility determination
  Lack of instruction in reading or math (see §300.306(b)(1)(i), (b)(1)(ii))
  Limited English proficiency300.306(b)(1)(iii).
DEVELOPMENT, REVIEW, AND REVISION OF IEP300.324.
DEVELOPMENTAL DELAY(S)
  In definition of “Child with a disability”300.8(b).
  Requirements for using “Developmental delay”300.111(b).
  State definition300.111(b).
  Using specified disability categories300.111(d).
DIABETES300.8(c)(9)(i).
DIRECT SERVICES
  For children in private schools (see §§300.132(a); 300.133(a); 300.134(d)(1))
  Nature and location of services300.227(b).
  Payment by Secretary of the Interior300.712(d).
  SEA (Additional information)300.175(a).
  State-level activities300.704(b)(4)(i).
  Use of LEA allocations for300.227(a).
DISABILITY: ADVERSELY AFFECTS EDUCATIONAL PERFORMANCE (See “Adversely affects educational performance”)
DISAGGREGATED DATA
  Assessment results for subgroup of children with disabilities300.704(b)(4)(xi).
  For suspension and expulsion by race and ethnicity300.170(a).
DISCIPLINE (A-B)
  Alternative educational setting (see §§300.530(d)(1), (d)(2), (d)(4), (g), 300.531, 300.533)
  Appeal300.532(a).
  Behavioral interventions—intervention plan300.530(f).
DISCIPLINE (C-H)
  Change of placements for disciplinary removals300.536.
  Child's status during due process hearings300.518.
  Determination of setting300.531.
  Expedited due process hearings300.532(c).
  Functional behavioral assessment (see §300.530(d)(1)(ii), (f)(1)(i))
  Hearing officer (authority of) (see §§300.532(b), 300.533)
DISCIPLINE (I-Z)
  IEP Team (relevant members) (see §§300.530(e)(1), (f), 300.531)
  Interim alternative educational setting (see §§300.530(b), (d)(2), (g), 300.531, 300.532(b)(2)(ii), 300.533)
  Manifestation determination300.530(e).
  Placement during appeals300.533.
  Protections for children not determined eligible300.534.
  Referral to and action by law enforcement and judicial authorities300.535.
  School personnel (Authority of)300.530(b).
  See “Timelines—Discipline”
DISCLOSURE
  Additional disclosure of information requirement300.512(b).
  Consent required before disclosing:
Ο  Education records to public benefits or insurance agencies300.154(d)(2)(iv).
Ο  Personal information to non-agency officials300.622(a).
  Notice on disclosure of evaluation results300.504(c)(10).
  Policies on disclosing information to 3rd parties300.612(a)(3).
  Prohibit evidence not disclosed300.512(a)(3).
DISPROPORTIONALITY300.646.
DISPUTES
  Interagency disputes (Methods of ensuring services):
Ο  Ensure services during pendency of dispute300.154(a).
Ο  Procedures for resolving300.154(a)(3).
  Mediation (see also §300.532(c)(3))300.506.
Ο  Attorneys' fees for300.517(c)(2)(ii).
Ο  During discipline appeal process300.532(c)(3).
Ο  During resolution process (see §300.510(b)(3), (c)(3))
Ο  Enforcement of agreement (see §§300.506(b)(7), 300.510(d)(2), 300.537)
DIVIDED STATE AGENCY RESPONSIBILITY (Adult prisons)300.607.
DIVORCE—SEPARATION (Authority to review records)300.613(c).
DROPOUT RATES (Performance indicators)300.157(a)(3).
DUE PROCESS HEARING(S) AND REVIEWS (A-E)
  Agency responsible for conducting hearing300.511(b).
  Appeal of decisions; impartial review300.514(b).
  Attorneys' fees300.517(a).
  Basic requirements (see §§300.507 through 300.514)
  Child's status during proceedings (Pendency)300.518.
Ο  Parent request for hearing (Discipline)300.532(a).
  Civil action300.516(a).
  Evaluations disclosed at least 5 business days before hearing300.512(a)(3).
  Expedited due process hearings (Discipline)300.532(c).
DUE PROCESS HEARING(S) AND REVIEWS (F-I)
  Failure to implement a due process hearing decision300.152(c)(3).
  Finality of decision; appeal; impartial review300.514.
  Findings of fact and decisions (see §300.512(a)(5), (c)(3)):
Ο  To State advisory panel (see §§300.513(d), 300.514(c))
  Hearing rights300.512(a).
  Impartial hearing officer300.511(c).
Ο  See “Hearing officer(s)”
DUE PROCESS HEARING(S) AND REVIEWS (J-Z)
  Parental rights at hearings300.512(c).
  Party notice to other party300.508(c).
Ο  Model form to assist parents300.509.
  Party request for hearing (Discipline)300.532(a).
  Pendency (Stay put)300.518.
  Prohibit evidence not introduced 5 business days before hearing300.512(a)(3).
  Record of hearing300.512(c)(3).
  See “Civil action—proceedings,” “Court(s)” “Procedural safeguards,” “Timelines”
  Timelines and convenience of hearings—reviews (see §§300.506(b)(5), 300.511(e), 300.516(b))
EARLY IDENTIFICATION AND ASSESSMENT (Definition)300.34(c)(3).
EARLY INTERVENING SERVICES300.226.
  Adjustment to local fiscal efforts300.205(d).
  Do not limit/create right to FAPE300.226(c).
  For children not currently identified as needing special education or related services300.226(a).
  Permissive use of funds300.208(a)(2).
  Scientifically based literacy instruction300.226(b).
  Use of funds:
Ο  By LEA300.226(a).
Ο  By Secretary of the Interior300.711.
EDUCATION RECORDS (Definition)300.611(b).
EDUCATIONAL PLACEMENTS (LRE)300.114.
EDUCATIONAL SERVICE AGENCY (ESA)
  Definition300.12.
  In definition of “LEA”300.28(b)(1).
  Joint establishment of eligibility (Regarding ESAs)300.224(b).
Ο  Additional requirements (Regarding LRE)300.224(c).
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (ESEA)
  Coordination of early intervening services300.226(e).
  Excess cost requirement300.202(b).
  Schoolwide programs300.206(a).
ELIGIBILITY (CHILD—STUDENT) (A-G)
  Additional eligibility requirements (see §§300.121 through 300.124, 300.307 through 300.311)
  Children with disabilities in adult prisons300.324(d).
  Children with specific learning disabilities (Documentation of eligibility determination)300.311(a).
  Determinant factor for300.306(b)(1).
  Determination of eligibility300.306.
  Developmental delay (Non-use of term by LEA if not adopted by State)300.111(b)(iv).
  Documentation of eligibility (To parent)300.306(a)(2).
  Graduation with regular diploma: termination (see §§300.102(a)(3), 300.305(e)(2)).
ELIGIBILITY (CHILD—STUDENT) (H-Z)
  Lack of instruction in reading or math300.306(b).
  Limited English proficiency300.306(b).
  Public benefits or insurance (Risk loss of eligibility)§300.154(d)(2) (iii).
  Termination of eligibility (see §§300.204(c), 300.305(e)(2))
  Transfer of rights (Special rule)300.520(b).
ELIGIBILITY (PUBLIC AGENCIES)
  Hearings related to (See “Hearings—Hearing procedures”)
  Joint establishment of (see §§300.202(b)(3), 300.223(a), 300.224(a))
  LEA (See “LEA eligibility”) Secretary of the Interior300.712(e).
  State (See “State eligibility”)
  State agency eligibility300.228.
Ο  See “State agencies”
EMOTIONAL DISTURBANCE (Definition)300.8(c)(4).
ENFORCEMENT
  Department procedures (see §§300.600, 300.604, 300.605)
  Referral to law enforcement authorities300.535.
  State policies and procedures:
Ο  Enforcement mechanisms300.537.
Ο  LEA not meeting requirements300.608.
Ο  Regarding confidentiality300.626.
EPILEPSY300.8(c)(9)(i).
EQUIPMENT
  Acquisition of300.718(a).
  Definition300.14.
  Exception to maintenance of effort300.204(d).
  Placement in private school300.144.
EVALUATION (A-G)
  Assessments in (see §§300.304(b), (c) 300.305(c)).
  Basic requirements (see §§300.301, 300.303, 300.324)
  Comprehensive (Identify all special education needs)300.304(c)(6).
  Definition of300.15.
  Evaluation procedures300.304.
  Evaluation report to parents300.306(a)(2).
  Existing evaluation data (Review of)300.305(a)(1).
  Graduation (Evaluation not required for)300.305(e)(2).
EVALUATION (H-Z)
  Independent educational evaluation (IEE)300.502.
  Initial evaluation (see §§300.301, 300.305)
  Observation in determining SLD300.310.
  Parent consent300.300.
  Parent right to evaluation at public expense300.502(b).
  Reevaluation300.303.
EXCEPTION
  Charter schools exception (Joint eligibility)300.223(b).
  For prior local policies and procedures300.220.
  For prior State policies and procedures300.176(a).
  To FAPE:
Ο  For certain ages300.102.
Ο  For graduating with a regular diploma300.102 (a)(3)(i).
Ο  For children in adult prisons (see §§300.102(a)(2), 300.324(d)).
  To maintenance of effort300.204.
  To reimbursement for parental placement300.148(e).
EXCESS COSTS
  Calculation of (see appendix A—Excess Costs Calculation)
  Definition300.16.
  Excess cost requirement300.202(b)
  Joint establishment of eligibility300.202(b)(3)
  LEA requirement300.202(b)
  Limitation on use of Part B funds300.202(b)
  Meeting the excess cost requirement300.202(b)(2)
  See also §§300.163(a), 300.175(b), 300.202(a), 300.227(a)(2)(ii)
EXISTING EVALUATION DATA (Review of)300.305(a)(1).
EXPEDITED DUE PROCESS HEARINGS300.532(c).
  Authority of hearing officer300.532(b).
  Party appeal (Hearing requested by parents)300.532(a).
EXPULSION (See “Suspension and expulsion”)
EXTENDED SCHOOL YEAR SERVICES300.106.
EXTRACURRICULAR
  IEP content300.320(a)(4)(ii).
  In supplementary aids and services300.42.
  Nonacademic services300.107.
  Nonacademic settings300.117.
FACILITIES
  Alteration of300.718.
  Children in private schools or facilities (see §§300.130, 300.142(a), 300.144(b), (c), 300.147(c))
  Construction of300.718.
  Physical education (In separate facilities)300.108(d).
  Private schools and facilities300.2(c).
  See also “Correctional facilities”
  Termination of expenses for construction of300.204(d).
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) (See “Confidentiality”)
FAPE (A-G)
  Definition300.17.
  Documentation of exceptions300.102(b).
  Exception to FAPE:
Ο  For certain ages300.102(a).
Ο  For children receiving early intervention services300.102(a)(4).
Ο  For children graduating with a regular diploma300.102(a)(3).
Ο  For children in adult correctional facilities300.102(a)(2).
  For children:
Ο  Advancing from grade to grade300.101(c).
Ο  Beginning at age 3300.101(b).
Ο  On Indian reservations300.707(c).
Ο  Suspended or expelled from school300.101(a).
  General requirement300.101(a).
FAPE (H-Z)
  Methods and payments300.103.
  Private school children with disabilities:
Ο  Placed by parents when FAPE is at issue300.148.
Ο  Placed in or referred by public agencies (see §§300.145 through 300.147)
  Reallocation of LEA funds (FAPE adequately provided)300.705(c).
  Services (and placement) for FAPE:
Ο  Based on child's needs (Not disability category)300.304(c)(6).
  State eligibility condition300.100.
FAS (Freely associated States)300.717(a).
FAX (FACSIMILE TRANSMISSION)
  Department procedures (see §§300.183, 300.196(a) through (e))
FERPA (Family Educational Rights and Privacy Act) (See “Confidentiality”)
FILING A CLAIM (Private insurance)300.154(e).
FILING A COMPLAINT (State complaint procedures)300.153.
FILING REQUIREMENTS
  By-pass (Regarding private school children)300.196.
  Department procedures300.183.
  See §§300.178 through 300.186.
FINALITY OF DECISION300.514.
FORMULA
  Allocations to LEAs300.705(b).
  Allocations to States300.703.
  Allocation to States when by-pass is implemented300.191.
  Allocation to States regarding section 619 (see §§300.807, 300.810).
  Parentally-placed private school children300.133.
  SEA set aside funds300.704(b).
  See also §300.171(a).
FOSTER PARENT300.30(a)(2).
  See also §300.45(b).
FREELY ASSOCIATED STATES AND OUTLYING AREAS
  Funding for300.701(a).
  Purpose of grants300.700(a).
FULL EDUCATIONAL OPPORTUNITY GOAL300.109.
FUNCTIONAL BEHAVIORAL ASSESSMENT (see §300.530(d)(1)(ii), (f)(1)(i))
FUNDING MECHANISM: LRE300.114(b).
FUNDS (See “Use of funds”)
GENERAL CURRICULUM
  Discipline (Continue participating in)300.530(d)(1)(i).
  Evaluation procedures:
Ο  Be involved and progress in300.304(b)(1)(ii).
Ο  Review of existing evaluation data300.305(a)(1).
  IEPs:
Ο  Measurable annual goals300.320(a)(2)(i).
Ο  Present levels of educational performance300.320(a)(1).
Ο  Review and revision of IEPs300.324(b)(1)(ii).
Ο  Special education and related services300.320(a)(4)(ii).
  IEP Team300.321(a)(4)(ii).
  Specially designed instruction (Definition)300.39(b)(3).
GOALS
Annual goals (See “IEP” and “Annual goals”).
  Performance goals and indicators300.157.
Ο  State and local activities to meet300.814(c).
Ο  Use of State-level funds to meet300.704(b)(4)(x).
GOVERNOR (Adult prisons)300.149(d).
  See also “Chief executive officer”.
GRADUATION
  Evaluation not required for300.305(e)(2).
  Exception to FAPE300.102(a)(3)(i).
  Graduation rates as performance indicators300.157(a)(3).
  Written prior notice required300.102(a)(3)(iii).
GRANDPARENT OR STEPPARENT (In definition of “Parent”)300.30(a)(4).
GRANTS
  Grants to States:300.700.
Ο  Maximum amount300.700(b).
Ο  Purpose of300.700(a).
  See “Subgrants”.
GUARDIAN (In definition of “Parent”)300.30(a)(3).
GUARDIANSHIP, SEPARATION, AND DIVORCE (Regarding parent's authority to review records)300.613(c).
HEALTH AND HUMAN SERVICES (Secretary of)300.708(i)(1).
HEARING AIDS: Proper functioning of300.113(a).
HEARING IMPAIRMENT
  Definition300.8(c)(5).
  Related services, audiology300.34(c)(1).
HEARING OFFICER(S) (A-B)
  Additional disclosure of information requirement300.512(b).
  Attorneys' fees300.517(c)(2)(i).
  Authority of (Discipline)300.532(b).
Ο  Basis of decisions300.513(a).
HEARING OFFICER(S) (C-Z)
  Change of placement:
Ο  Hearing officer decision agrees with parents300.518(d).
Ο  Hearing officer may order300.532(b)(2)(ii).
  Expedited due process hearing (Discipline)300.532(c).
  Impartial hearing officer300.511(c).
  Parent appeal (Discipline)300.532(a).
  Placement during appeals300.533.
  Private school placement when FAPE is at issue300.148(b).
  Reimbursement for private school placement by parents300.148(c).
  Requests for evaluations by300.502(d).
HEARING RIGHTS300.512.
HEARINGS—HEARING PROCEDURES
  Due process (See “Due process hearings”).
  Public hearings on policies and procedures300.165(a).
  State and local eligibility:
Ο  LEA eligibility300.155.
Ο  Notification in case of LEA or State ineligibility300.221.
Ο  State eligibility (Notice and hearing) (see §§300.178, 300.179, 300.181).
HEART CONDITION300.8(c)(9)(i).
HEIGHTENED ALERTNESS TO ENVIRONMENTAL STIMULI (In “Other health impairment”)300.8(c)(9).
HIGH COST FUND (LEA)300.704(c).
HIGHLY MOBILE CHILDREN (e.g., homeless and migrant children)300.111(c)(2).
HIGHLY QUALIFIED TEACHER (A-Q)
  Alternative route to certification300.18(b)(2).
  Definition of300.18.
  Private school teachers300.18(h).
HIGHLY QUALIFIED TEACHER (R-Z)
  Requirements for in general300.18(b).
  Requirements for teaching to alternate academic achievement standards300.18(c).
  Requirements for teaching multiple subjects300.18(d).
  Personnel qualifications300.156(c).
HIGH NEED CHILD300.704(c)(3)(i).
HOMELESS CHILDREN
  Child find300.111(a)(1)(i).
  Definition of300.19.
  McKinney-Vento Homeless Assistance Act (see §§300.19, 300.149(a)(3), 300.153(b)(4)(iii), 300.168(a)(5), 300.508(b)(4)).
  Surrogate parents for300.519(a)(4).
HYPERACTIVITY (Attention deficit hyperactivity disorder)300.8(c)(9)(i).
INAPPLICABILITY (Of requirements that prohibit commingling and supplanting of funds)300.704(d).
IEE (See “Independent educational evaluation”)
IEP (A-I)
  Agency responsibilities for transition services300.324(c)(1).
  Basic requirements (see §§300.320 through 300.324).
  Child participation when considering transition300.321(b)(1).
  Consideration of special factors300.324(a)(2).
  Consolidation of IEP Team meetings300.324(a)(5).
  Content of IEPs300.320(a).
  Definition (see §§300.22, 300.320).
  Development, review, and revision of300.324.
  IEP or IFSP for children aged 3 through 5300.323(b).
  IEP Team300.321.
IEP (J-Z)
  Modifications of IEP or placement (FAPE for children in adult prisons)300.324(d)(2)(i).
  Modify/Amend without convening meeting (see §300.324(a)(4), (a)(6)).
  Parent participation300.322.
  Alternative means300.328.
  Part C coordinator involvement300.321(f).
  Private school placements by public agencies300.325(a)(1).
  Regular education teacher (See “IEP Team”).
  Review and revision of IEPs300.324(b).
  SEA responsibility regarding private school300.325(c).
  State eligibility requirement300.112.
  Transition services300.320(b).
  When IEPs must be in effect300.323.
IEP TEAM300.321.
  Alternative educational setting (Determined by)300.531.
  Consideration of special factors300.324(a)(2).
Ο  Assistive technology300.324(a)(2)(v).
Ο  Behavioral interventions300.324(a)(2)(i).
Ο  Braille needs300.324(a)(2)(iii).
Ο  Communication needs (Deafness and other needs)300.324(a)(2)(iv).
Ο  Limited English proficiency300.324(a)(2)(ii).
  Determination of knowledge or special expertise300.321(c).
  Discipline procedures (see §§300.530(e), 300.531).
  Manifestation determination300.530(e).
  Other individuals who have knowledge or special expertise (At parent or agency discretion)300.321(a)(6).
  Participation by private school (public agency placement)300.325(a).
  Regular education teacher (see §§300.321(a)(2), 300.324(a)(3)).
IFSP (INDIVIDUALIZED FAMILY SERVICE PLAN)
  Definition300.24.
  Transition from Part C300.124.
  IFSP vs. IEP300.323(b).
ILLEGAL DRUG (Definition—discipline)300.530(i)(2).
IMPARTIAL DUE PROCESS HEARING300.511.
  See “Due process hearings and reviews”.
IMPARTIAL HEARING OFFICER300.511(c).
IMPARTIALITY OF MEDIATOR300.506(b)(1).
INCIDENTAL BENEFITS (Permissive use of funds)300.208.
INCIDENTAL FEES (In definition of “at no cost” under “Special education”)300.39(b)(1).
INCLUDE (Definition)300.20.
INDEPENDENT EDUCATIONAL EVALUATION (IEE)300.502.
  Agency criteria (see §300.502(a)(2), (b)(2)(ii), (c)(1), (e)).
  Definition300.502(a)(3)(i).
  Parent-initiated evaluations300.502(c).
  Parent right to300.502(a)(1).
  Procedural safeguards notice300.504(c)(1).
  Public expense (Definition under IEE)300.502(a)(3)(ii).
  Request by hearing officers300.502(d).
  Use as evidence at hearing300.502(c)(2).
INDIAN; INDIAN CHILDREN
  Child find for Indian children aged 3 through 5300.712(d).
  Definition of “Indian”300.21(a).
  Definition of “Indian tribe”300.21(b).
  Early intervening services300.711.
  Payments and use of amounts for:
Ο  Education and services for children aged 3 through 5300.712(a).
Ο  Education of Indian children300.707.
  Plan for coordination of services300.713.
  Submission of information by Secretary of Interior300.708.
INDICATORS300.157(b).
  See “Performance goals and indicators”.
INDIVIDUALIZED EDUCATION PROGRAM (See “IEP”)
INDIVIDUALIZED FAMILY SERVICE PLAN (See “IFSP”)
INFORMED CONSENT (See “Consent”)
INITIAL EVALUATION300.301.
  Consent before conducting300.300(a)(1)(i).
Ο  For ward of State300.300(a)(2).
Ο  Not construed as consent for initial placement300.300(a)(1)(ii).
Ο  When not required300.300(a)(2).
  Review of existing evaluation data300.305(a).
INSTITUTION OF HIGHER EDUCATION
  Definition300.26.
INSTRUCTIONAL MATERIALS
  Access to300.172.
  Audio-visual materials300.14(b).
  LEA purchase of300.210.
  NIMAC:
Ο  SEA coordination with300.172(c).
Ο  SEA rights and responsibilities if not coordinating300.172(b).
INSURANCE
  Community-based waivers (see §300.154(d)(2)(iii)(D)).
  Financial costs300.154(f)(2).
  Financial responsibility of LEA/SEA300.154(a)(1).
  Out-of-pocket expense300.154(d)(2)(ii).
  Private insurance300.154(e).
  Public benefits or insurance300.154(d).
  Risk of loss of eligibility (see §300.154(d)(2)(iii)(D)).
INTELLECTUAL DISABILITY (Definition)300.8(c)(6).
INTERAGENCY AGREEMENTS
  FAPE methods and payments (Joint agreements)300.103(a).
  LRE (Children in public/private institutions)300.114(a)(2)(i).
  Methods of ensuring services300.154(a).
  SEA responsibility for general supervision300.149.
  Secretary of Interior—with Health and Human Services Secretary300.708(i)(1).
Ο  Cooperative agreements (BIA and other agencies)300.712(d).
INTERAGENCY COORDINATION (See “Coordination of services,” “Interagency agreements”)
INTERAGENCY DISPUTES300.154(a)(3).
INTERAGENCY RESPONSIBILITIES (Transition services)300.320(b).
INTERIM ALTERNATIVE EDUCATIONAL SETTING (See §§300.530(b), 300.531, 300.532(b)(2)(ii), 300.533)
INTERPRETING SERVICES
  As a related service300.34(a).
  Definition300.34(c)(4).
JOINT ESTABLISHMENT OF ELIGIBILITY (LEAs)300.223.
  See also §§300.202(b)(3), 300.224.
JUDICIAL
  Authorities (Referral to)300.535.
  Finding of unreasonableness300.148(d)(3).
  Proceeding (During pendency)300.518(a).
  Review300.197.
  See also:
Ο  Civil action (see §§300.504(c)(12), 300.514(d), 300.516)
Ο  Court(s) (see §§300.102(a)(1), 300.184, 300.148(c), (d)(3), 300.197, 300.516(a), (c), (d), 300.517(a), (c))
JUVENILE-ADULT CORRECTIONS FACILITIES (See “Correctional facilities”)
LAW ENFORCEMENT AND JUDICIAL AUTHORITIES
  Referral to300.535.
LEA (LOCAL EDUCATIONAL AGENCY) (A-C)
  Allocations to LEAs300.705(b).
Ο  Reallocation of funds (If LEA is adequately providing FAPE)300.705(c).
  Charter schools and LEAs (See “Charter schools”).
  Child count—LEAs:
Ο  Parentally-placed private school children with disabilities300.133(c).
Ο  Procedures for counting all children served (Annual report)300.645.
Ο  See also “Child count”.
  Child find—LEAs:
Ο  Parentally-placed private school children with disabilities300.131.
Ο  See also “Child find”
  Compliance (LEA and State agency)300.222.
  Consistency of LEA policies with State policies300.201.
LEA (D-G)
  Definition of LEA300.28.
  Developmental delay: Use of term by LEAs (see §300.111(b)(2) through (b)(4)).
  Direct services by SEA (If LEA is unable or unwilling to serve CWDs, etc.)300.227.
  Discipline and LEAs (See “Discipline”).
  Eligibility of LEA:
Ο  Condition of assistance (see §§300.200 through 300.213)
Ο  Exception for prior local plans.300.220.
Ο  Ineligibility of LEA (Notice by SEA)300.221.
Ο  SEA hearings on LEA eligibility300.155.
  Excess cost requirement—LEA:300.202(b).
Ο  Use of amounts for excess costs300.202(a)(2).
Ο  See also “Excess costs”.
LEA (H-L)
  Hearings relating to LEA eligibility300.155.
  Information for SEA300.211.
  Instructional materials (Purchase of)300.210.
  Joint establishment of eligibility (By two or more LEAs)300.202(b)(3).
Ο  See also §§300.223, 300.224
  LEA and State agency compliance300.222.
  LEA policies (Modification of)300.220(b).
Ο  See “LEA eligibility,” “Eligibility of LEA”.
LEA (M-P)
  Maintenance of effort regarding LEAs (See “Maintenance of effort”).
  Methods of ensuring services—LEAs (see §300.154(a)(1) through (a)(4), (b)).
  Migratory children with disabilities (Linkage with records under ESEA)300.213.
  Modification of policies by LEA300.220(b).
  Noncompliance of LEA (SEA determination)300.222(a).
  Notice requirement (On LEA)300.222(b).
  Purchase of instructional materials300.210.
  Personnel shortages (Use of funds to assist LEAs in meeting)300.704(b)(4)(vii).
  Public information (By LEA)300.212.
LEA (R-T)
  Reallocation of LEA funds (If LEA is adequately providing FAPE)300.705(c).
  Reimbursement of LEAs by other agencies (See “Methods of ensuring services,” §300.154(a)(2) through (a)(3), (b)(2)).
  Review and revision of policies300.170(b).
  SEA reduction in payments to LEA300.222(a).
  SEA use of LEA allocations for direct services300.227.
  Show cause hearing (By-pass requirement)300.194.
  State-level nonsupplanting300.162(c).
  Subgrants to LEAs300.705(a).
  Suspension and expulsion rates—LEAs300.170(a)(1).
  Transition planning conferences (Part C to B)300.124(c).
LEA (U-Z)
  Use of amounts (by LEA)300.202.
Ο  (See “Permissive use of funds”).
  Use of SEA allocations (Regarding LEAs)300.704.
Ο  For capacity-building, etc. (see §300.704(b)(4)(viii)).
Ο  To assist in meeting personnel shortages (see §300.704(b)(4)(vii)).
LEA ELIGIBILITY (A-I)
  Adjustment to local fiscal efforts in certain fiscal years300.205.
  Charter schools—public:
Ο  Rights of children with disabilities who attend public charter schools300.209(a).
Ο  That are public schools of the LEA300.209(b).
Ο  That are LEAs300.209(c).
Ο  That are not an LEA or a school that is part of an LEA300.209(d).
Ο  Treatment of charter schools and their students300.209.
Ο  See also “Charter schools”.
  Condition of assistance300.200.
Ο  See §§300.201 through 300.213.
  Consistency with State policies300.201.
  Information for SEA300.211.
LEA ELIGIBILITY (M-Z)
  Maintenance of effort300.203.
Ο  Exception to300.204.
  Migratory children with disabilities—records regarding300.213.
  Permissive use of funds300.208.
Ο  Administrative case management300.208(b).
Ο  Early intervening services300.208(a)(2).
Ο  High cost special education and related services300.208(a)(3).
Ο  Services and aids that also benefit nondisabled children300.208(a)(1).
  Personnel development300.207.
  Records regarding migratory children with disabilities300.213.
  State prohibition (If LEA is unable to establish/maintain programs of FAPE)300.205(c).
  Treatment of charter schools and their students300.209.
LEAD POISONING (Other health impairment)300.8(c)(9)(i).
LEAST RESTRICTIVE ENVIRONMENT (LRE)
  Children in public or private institutions300.118.
  Continuum of alternative placements300.115.
  Educational service agency (Additional requirement regarding LRE)300.224(c).
  Monitoring activities300.120.
  Nonacademic settings300.117.
   Placements300.116.
  State eligibility requirements300.114.
  Additional requirement: State funding mechanism300.114(b).
  Technical assistance and training300.119.
LEISURE EDUCATION (Recreation)300.34(c)(11)(iv).
LEP (See “Limited English proficient”)
LEUKEMIA (Other health impairment)300.8(c)(9)(i).
LIMITED ENGLISH PROFICIENT (LEP)
  Definition of300.27.
  Determinant factor in eligibility determination300.306(b)(1)(iii).
  In development, review, and revision of IEP300.324(a)(2)(ii).
  In “native language” (Definition)300.29(a).
  Special rule—LEP not determinant factor300.306(b)(1)(iii).
LOCAL EDUCATIONAL AGENCY (See “LEA”)
LRE (See “Least restrictive environment”)
MAINTENANCE OF EFFORT (MOE-LEA) (A-R)
  Amounts in excess (Reduce level)300.205(a).
  Exception to300.204.
  Maintenance of effort and early intervening services (see appendix D)
  Maintenance of effort—LEA300.203.
  Non-reduction of (State enforcement)300.608.
  Public benefits or insurance proceeds are not MOE300.154(g)(2).
Ο  See “Methods of ensuring services”.
MAINTENANCE OF EFFORT (MOE-LEA) (S-Z)
  SEA flexibility300.230(a).
  State enforcement (SEA must prohibit LEA from reducing MOE)300.608.
MAINTENANCE OF STATE FINANCIAL SUPPORT300.163.
  Reduction of funds for failure to maintain support300.163(b).
  Subsequent years (Regarding a waiver)300.163(d).
  Waivers: Exceptional or uncontrollable circumstances300.163(c).
MANIFESTATION DETERMINATION (See “Discipline”)300.530(e).
McKINNEY-VENTO HOMELESS ASSISTANCE ACT
  In definition of “Homeless children”300.19.
  In filing a State complaint300.153(b)(4)(iii).
  SEA responsibility for general supervision (Regarding homeless children)300.149(a)(3).
  State advisory panel (Membership)300.168(a)(5).
  Surrogate parents (Homeless child's rights protected300.519(a)(4).
MEDIATION (A-O)
  Benefits of (Meeting to explain)300.506(b)(2)(ii).
  Confidential discussions300.506(b)(6)(i).
  Cost of (Borne by State)300.506(b)(4).
  Disinterested party (To meet with parents and schools300.506(b)(2).
  Disputes (Resolve through mediation)300.506(a).
  Legally binding agreement300.506(b)(6).
  Mediation procedures (By public agency to allow parties to resolve disputes)300.506(a).
  Mediators:
Ο  Impartiality of300.506(c).
Ο  List of300.506(b)(3)(i).
Ο  Qualified and impartial (see §300.506(b)(1)(iii)).
  Meeting to explain benefits of300.506(b)(2)(ii).
  Not used as evidence in hearing300.506(b)(8).
  Not used to deny/delay right to hearing300.506(b)(1)(ii),
  Opportunity to meet30.506(b)(2).
MEDIATION (P-Z)
  Parent training and information center300.506(b)(2)(i).
  Procedural safeguards notice300.504(c)(6).
  Random selection of mediators300.506(b)(3)(ii).
  Use of SEA allocations to establish300.704(b)(3)(ii).
  Voluntary300.506(b)(1)(i).
  Written mediation agreement300.506(b)(7).
MEDICAID
  Children covered by public benefits or insurance300.154(d)(1).
  Construction (Nothing alters requirements imposed under Titles XIX or XXI)300.154(h).
  Financial responsibility of each non-educational public agency (e.g., State Medicaid)300.154(a)(1).
  LEA high cost fund (Disbursements not medical assistance under State Medicaid)300.704(c)(8).
  Medicaid reimbursement not disqualified because service in school context300.154(b)(1)(ii).
  Methods of ensuring services (see §300.154(a)(1), (b)(1)(ii), (d), (g)(2), (h))
  Proceeds from public or private insurance300.154(g)(1).
  Public agency may use Medicaid300.154(a)(1).
  State Medicaid, etc., must precede financial responsibility of LEA300.154(a)(1).
MEDICAL (A-L)
  Assistance under other Federal programs300.186.
  Assistive technology device (Does not include a surgically implanted medical device)300.5.
  LEA high cost fund (Disbursements not medical assistance under State Medicaid)300.704(c)(8).
MEDICAL (M-Q)
  Medical services in (“Related services”):
Ο  Audiology (Referral for)300.34(c)(1)(ii).
Ο  Definition of300.34(c)(5).
Ο  For diagnostic purposes300.34(a).
Ο  Speech-language pathology (Referral for)300.34(c)(15)(iii).
  Medical supplies, etc. (Memo of agreement between HHS and Interior)300.708(i)(2).
  Non-medical (Residential placement)300.104.
MEDICAL (R-Z)
  Referral for medical services:
Ο  Audiology300.34(c)(1)(ii).
Ο  Speech-language pathology services300.34(c)(15)(iii).
  Related services: Exception; surgically implanted devices (“Cochlear implants”)300.34(b).
  Routine checking of hearing aids and other devices300.113.
  SLD: Educationally relevant medical findings, if any300.311(a)(4).
MEDICATION
  Prohibition on mandatory medication300.174.
MEETING(S)
  Alternative means of meeting participation300.328.
  Consolidation of IEP Team meetings300.324(a)(5).
  Equitable services determined (Parentally-placed private school CWDs)300.137.
  IEP Team meetings (See “IEP”).
  Mediation (Opportunity to meet)300.506(b)(2).
  Opportunity to examine records; participation in IEP Team meetings300.501.
  Parent participation in meetings (see §300.506(b)(2), (b)(4)).
  Private school placements by public agencies300.325.
  Reviewing and revising IEPs (Private school placements)300.325(b).
  Services plan for private school children (Meetings)300.137(c)(1).
METHODS OF ENSURING SERVICES300.154.
MIGRANT CHILDREN
  Child find300.111(c)(2).
  Records regarding migratory children (Linkage with ESEA)300.213.
MINIMUM STATE COMPLAINT PROCEDURES300.152.
  See “Complaints,” “State complaint procedures”.
MONITOR; MONITORING ACTIVITIES (A-N)
  Allowable costs for monitoring300.704(b)(3)(i).
  Children placed in private schools by public agencies300.147(a).
  Implementation by SEA300.147(a).
  LRE (SEA monitoring activities)300.120.
  Monitoring activities (LRE)300.120.
  Monitoring—Enforcement (Subpart F)300.600.
Ο  Rule of construction (Use any authority under GEPA to monitor)300.609.
Ο  Secretary's review and determination regarding State performance300.603(b)(1).
Ο  State exercise of general supervision300.600(d)(2).
Ο  State use of targets and reporting300.602(a), (b)(1).
MONITOR; MONITORING ACTIVITIES (O-Z)
  Outlying areas, etc. (see §300.701(a)(1)(ii)).
  Private school children: SEA monitoring300.147(a).
  SEA responsibility for general supervision300.149(b).
  Secretary of the Interior300.708.
  State advisory panel functions (Advise SEA on corrective action plans)300.169(d).
  Use of SEA allocations for monitoring300.704(b)(3)(i).
  Waiver (State's procedures for monitoring)300.164(c)(2)(ii)(B).
Ο  Summary of monitoring reports300.164(c)(3).
MULTIPLE DISABILITIES (Definition)300.8(c)(7).
NATIONAL INSTRUCTIONAL MATERIALS ACCESS CENTER (NIMAC)300.172(e)(1)(ii).
NATIONAL INSTRUCTIONAL MATERIALS ACCESSIBILITY STANDARDS (NIMAS)300.172(e)(1)(iii).
  See also appendix C.
NATIVE LANGUAGE
  Confidentiality (Notice to parents)300.612(a)(1).
  Definition300.29.
  Definition of “Consent”300.9.
  Evaluation procedures (Tests in native language)300.304(c)(1)(ii).
  Notice to parents: Confidentiality (In native language)300.612(a)(1).
  Prior notice:
Ο  Notice in native language300.503(c)(1)(ii).
Ο  Notice translated orally300.503(c)(2)(i).
Ο  Steps if not a written language300.503(c)(2).
NATURE/LOCATION OF SERVICES (Direct services by SEA)300.227.
NEPHRITIS (In “Other health impairment”)300.8(c)(9)(i).
NIMAC (See “National Instructional Materials Access Center”)
NIMAS (See “National Instructional Materials Accessibility Standard”)
NONACADEMIC
  Activities: Participate in (IEP content)300.320(a)(4)(ii).
  Services and extracurricular activities (Equal opportunity to participate in)300.107(a).
  Settings300.117.
NONCOMMINGLING300.162(b).
NONDISABLED (Children; students) (A-P)
  At no cost (In definition of “special education”)300.39(b)(1).
  Disciplinary information300.229(a).
  Excess cost requirement300.202(b).
  IEP (definition) (see §300.320(a)(1)(i), (a)(4)(iii), (a)(5))
  LRE (General requirement)300.114.
  Nonacademic settings300.117.
  Placement300.116.
  Program options300.110.
NONDISABLED (Children; students) (R-Z)
  Regular physical education300.108(b).
  Services and aids that also benefit nondisabled children300.208(a)(1).
  Special education (Definition: In definition of “at no cost”)300.39(b)(1).
  Supplementary aids and services300.42.
  Suspension and expulsion rates300.170(a)(2).
NONEDUCATIONAL (Public agency)
  Medicaid service (May not be disqualified because in school context)300.154(b)(1)(ii).
  Methods of ensuring services (see §300.154(a), (b))
  Obligation of300.154(b).
  Reimbursement for services by300.154(b)(2).
NON-MEDICAL CARE (Residential placement)300.104.
NONSUPPLANTING
  Excess cost requirement (Regarding children aged 3 through 5 and 18 through 21)300.202(b)(1)(ii).
  LEA nonsupplanting300.202(b)(1)(ii).
  SEA flexibility300.230(a).
  State-level activities (Inapplicability of certain provisions)300.704(d).
  State-level nonsupplanting300.162(c).
  Waiver of requirement300.164.
NOTICES: By parents or parties
  Attorneys' fees: When court reduces fee award regarding due process request notice300.517(c)(4)(iv).
  Children enrolled by parents in private schools when FAPE is at issue300.148(d)(1)(i).
  Due process complaint (Notice before a hearing on a complaint)300.508(c).
  Private school placement by parents (When FAPE is at issue)300.148(d)(1)(i).
NOTICES: Public agency (A-M)
  By-pass (Judicial review)300.197.
  Children's rights (Transfer of rights)300.625(c).
  Confidentiality (Notice to parents)300.612.
  Department procedures (Notice to States)300.179.
Ο  See “Judicial review”300.184.
  Discipline (Notification)300.530(h).
  Exception to FAPE (Graduation)300.102(a)(3).
  Hearings relating to LEA eligibility300.155.
  IEP meetings (Parent participation)300.322(b).
  Judicial review: If State dissatisfied with eligibility determination300.184.
  LEA and State agency compliance300.222.
Ο  Notification in case of ineligibility300.221(b).
NOTICES: Public agency (N-P)
  Notice before a hearing on a due process complaint300.508(c).
  Notice and hearing before State ineligible300.179.
  Notice in understandable language300.503(c).
  Notification of LEA in case of ineligibility300.221(b).
  Parent participation in meetings300.501(b)(2).
  Prior notice by public agency300.503.
  Private school placement by parents when FAPE is at issue (Public agency notice)300.148(d)(2).
  Procedural safeguards notice300.504.
  Public attention300.606.
  Public participation (Notice of hearings)300.165(a).
NOTICES: Public agency (Q-Z)
  Secretary of the Interior (Submission of information)300.708(g).
  Secretary's review and determination of State performance300.603(b)(2).
  Transfer of parental rights300.520(a)(1)(i).
  Use of electronic mail300.505.
  Withholding funds300.605.
OCCUPATIONAL THERAPY300.34(c)(6).
OPPORTUNITY TO EXAMINE RECORDS300.501.
ORIENTATION AND MOBILITY SERVICES300.34(c)(7).
ORTHOPEDIC IMPAIRMENT300.8(c)(8).
OTHER HEALTH IMPAIRMENT300.8(c)(9).
OTHER INDIVIDUALS ON IEP TEAM300.321(a)(6).
OUTLYING AREAS—FREELY ASSOCIATED STATES
  Allocations to States (General)300.703(a).
  Annual description of use of funds300.171(c).
  Definitions applicable to allotments, grants and use of funds:
Ο  Freely associated States300.717(a).
Ο  Outlying areas300.717(b).
  Definition of “State” (Includes “Outlying areas”)300.40.
  Outlying areas and freely associated States300.701.
  Purpose of grants300.700(a).
OUT-OF-POCKET EXPENSE (Public benefits or insurance)300.154(d)(2)(ii).
PARAPROFESSIONALS
In “Personnel qualifications”300.156(b).
PARENT (Definition)300.30.
PARENT: RIGHTS AND PROTECTIONS (A-G)
  Appeal (Manifestation determination)300.532.
  Confidentiality (Authority to inspect and review records)300.613(c).
  Consent (See “Consent”)
  Counseling and training (Definition)300.34(c)(8).
  Definition of “Parent”300.30.
Ο  Foster parent300.30(a)(2).
Ο  Grandparent or stepparent300.30(a)(4).
Ο  Guardian300.30(a)(3).
PARENT: RIGHTS AND PROTECTIONS (H-N)
  Independent educational evaluation300.502.
Ο  Parent-initiated evaluations300.502(c).
Ο  Parent right to evaluation at public expense300.502(b).
  IEP and parent involvement:
Ο  Copy of child's IEP300.322(f).
Ο  Informed of child's progress300.320(a)(3)(ii).
Ο  Option to invite other individuals300.321(a)(6).
Ο  Participation in meetings300.322.
Ο  Team member300.321(a)(1).
  Informed consent (Accessing private insurance)300.154(e)(1).
  Involvement in placement decisions300.501(c).
  Meetings (Participation in)300.501(b).
  Notice to public agency:
Ο  Before a hearing on a due process complaint300.508(c).
Ο  Before removing child from public school300.148(d)(1)(ii).
Ο  Timeline for requesting a hearing300.511(e).
  Exceptions to timeline300.511(f).
Ο  Opportunity to examine records300.501(a).
PARENT: RIGHTS AND PROTECTIONS (O-Z)
  Parent counseling and training300.34(c)(8).
  Placement decisions (Involvement in)300.501(c).
  Request for hearing (Discipline)300.532(a).
  Right to an independent educational evaluation300.502(b).
PARENTAL CONSENT (See “Consent”)
PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (A-E)
  Annual count of the number of300.133(c).
  Bypass (see §§300.190 through 300.198)
  Child find for300.131.
  Calculating proportionate amount300.133(b).
  Compliance300.136.
  Consultation with private schools300.134.
  Written affirmation300.135.
  Definition of300.130.
  Due process complaints and State complaints300.140.
  Equitable services determined300.137.
Ο  Equitable services provided300.138.
  Expenditures300.133.
Ο  Formula300.133(a).
PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (F-R)
  No individual right to special education and related services300.137(a).
  Property, equipment, and supplies300.144.
  Proportionate share of funds300.134(b).
Ο  See “Appendix B—Proportionate Share Calculation”
  Provision of equitable services300.138(c).
  Religious schools (see §§300.131(a), 300.137(c), 300.139(a))
  Requirement that funds not benefit a private school300.141.
PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (S-T)
  Separate classes prohibited300.143.
  Services on private school premises300.139(a).
  Services plan (Definition)300.37.
Ο  For each child served under §§300.130 through 300.144300.137(c).
Ο  See also §§300.132(b), 300.138(b), 300.140(a)
  State eligibility requirement300.129.
  Transportation (Cost of)300.139(b)(2).
PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (U-Z)
  Use of personnel:
Ο  Private school personnel300.142(b).
Ο  Public school personnel300.142(a).
  Written affirmation300.135.
  Written explanation by LEA regarding services300.134(e).
PARTICIPATING AGENCY
  Confidentiality provisions:
Ο  Definition of participating agency300.611(c).
Ο  See also §§300.613(c), 300.614, 300.616, 300.618, 300.623
  IEP requirements (Transition services)300.324(c).
PENDENCY (Stay put)
  Child's status during due process proceedings300.518.
  Placement during appeals (Discipline)300.533.
  Procedural safeguards notice300.504(c)(7).
PERFORMANCE GOALS AND INDICATORS
  Assess progress toward achieving goals300.157(c).
  Establishment of goals300.157.
  Other State level activities300.814(c).
  Performance goals and indicators300.157.
  State monitoring and enforcement300.600(c).
  State performance plans and data collection300.601.
PERFORMANCE; PERFORMANCE PLANS (STATE)
  Enforcement300.604.
  Public reporting and privacy300.602(b).
  Secretary's review and determination regarding State performance300.603.
  State performance plans and data collection300.601.
  State performance report300.602(b)(2).
  State use of targets and reporting300.602.
Ο  Public reporting300.602(b)(1).
Ο  State performance report300.602(b)(2).
PERMISSIVE USE OF FUNDS (LEAs)
  Administrative case management300.208(b).
  Early intervening services300.208(a)(2).
  High cost education and related services300.208(a)(3).
  Permissive use of funds300.208.
  Services and aids that also benefit nondisabled children300.208(a)(1).
PERSONALLY IDENTIFIABLE (PI) INFORMATION (A-H)
  Confidentiality of (State eligibility requirement)300.123.
  Consent (confidentiality)300.622(a).
  Data collection (State performance plans)300.601(b)(3).
  Definition of “personally identifiable”300.32.
  Department use of information300.627.
  Destruction:
Ο  Definition of300.611(a).
Ο  Destruction of information300.624.
  Hearing decisions to advisory panel and the public300.513(d).
PERSONALLY IDENTIFIABLE (PI) INFORMATION (I-Z)
  Notice to parents (Confidentiality):
Ο  Children on whom PI information is maintained300.612(a)(2).
Ο  Policies and procedures regarding disclosure to third parties, etc300.612(a)(3).
  Participating agency (Definition)300.611(c).
  Protection of PI information300.642(a).
  See also §300.610
  Safeguards (Protect PI information)300.623.
PERSONNEL QUALIFICATIONS300.156.
PERSONNEL SHORTAGES
  Use of SEA allocations to meet300.704(b)(4)(vii).
PHYSICAL EDUCATION
  Definition300.39(b)(2).
  State eligibility requirement300.108.
PHYSICAL THERAPY (Definition)300.34(c)(9).
PLACEMENT(S) (A-Co)
  Adult prisons (CWDs in):
Ο  Last educational placement before incarceration300.102(a)(2)(i).
Ο  Modifications to IEPs and placements300.324(d)(2).
  Alternative means of meeting participation (Regarding “Placement meetings”)300.328.
  Change in placement: Graduation300.102(a)(3)(iii).
  Child's placement during pendency of any complaint300.504(c)(7).
Ο  See also “Pendency” (Child's status during proceedings)300.518.
  Children with disabilities in adult prisons: Placements regarding (see §§300.102(a)(2)(i), 300.324(d)(2))
  Continuum of alternative placements (Continuum—LRE)300.115.
PLACEMENT(S) (Cu-L)
  Current placement (see §300.530(b)((2), (d))
  Current “Educational placement:”
Ο  Change of placements because of disciplinary removals300.536.
Ο  Child's status during proceedings300.518(a).
  Disciplinary changes in placement300.530(c).
  Discipline procedures and placements (see §§300.530 through 300.536)
  Educational placements (Parents in any group that makes placement decisions)300.327.
  Graduation: A change in placement (Exception to FAPE)300.102(a)(3)(iii).
  Last educational placement (Before incarceration)300.102(a)(2)(i).
  Least restrictive environment (LRE) (see §§300.114 through 300.120)
  Notification: LEA must notify parents of decision to change placement300.530(h).
PLACEMENT(S) (O-Z)
  Pendency (Child's status during proceedings)300.518.
Placement of children by parents if FAPE is at issue300.148.
  Placements (LRE)300.116.
  Requirements for unilateral placement by parents of CWDs in private schools (In “Procedural safeguards notice”)300.504(c)(9).
  State funding mechanism (Must not result in placements that violate LRE)300.114(b)(1).
POLICY: POLICIES AND PROCEDURES
  Condition of assistance (LEA eligibility)300.200.
Ο  Consistency with State policies300.201.
Ο  See also §§300.200 through 300.213
  Eligibility for assistance (State)300.100.
  Exception for prior policies on file:
Ο  With the SEA300.220.
Ο  With the Secretary300.176(a).
  FAPE policy300.101(a).
  Joint establishment of eligibility (Requirements)300.223.
  Modifications of:
Ο  LEA or State agency policies300.220(b).
Ο  Required by Secretary300.176(c).
Ο  State policies (By a State)300.176(b).
  Public participation300.165.
  Secretary of the Interior300.708.
Ο  Public participation300.709.
Ο  Submission of information300.708.
PREPONDERANCE OF EVIDENCE
  Civil action300.516(c)(3).
PRESCHOOL GRANTS
  Allocations to LEAs300.816.
Ο  Subgrants to LEAs300.815.
  Other State-level activities300.814.
Ο  Provide early intervention services in accordance with Part C of the Act300.814(e).
Ο  Service coordination or case management300.814(f).
  State administration300.813.
  Use of funds for administration of Part C300.813(b).
PRIOR NOTICE
  By public agency300.503.
  Notice required before a hearing on a due process complaint300.508(c).
  Procedural safeguards notice300.504.
PRISONS (See “Adult prisons”)
PRIVATE INSURANCE
  Children with disabilities who are covered by300.154(e).
Ο  Proceeds from public benefits or insurance or private insurance300.154(g).
Ο  Use of Part B funds300.154(f).
PRIVATE SCHOOLS AND FACILITIES
  Applicability of this part to State and local agencies:
Ο  CWDs placed in private schools by parents under §300.148300.2(c)(2).
Ο  CWDs referred to or placed in private schools by public agency300.2(c)(1).
PRIVATE SCHOOL CHILDREN ENROLLED BY THEIR PARENTS
  Placement of children by parents when FAPE is at issue300.148.
  See “Parentally-placed private school children with disabilities”
PRIVATE SCHOOL PLACEMENTS BY PUBLIC AGENCIES (A-D)
  Applicability of this part to private schools300.2(c)(1).
  Applicable standards (SEA to disseminate to private schools involved)300.147(b).
PRIVATE SCHOOL PLACEMENTS BY PUBLIC AGENCIES (E-Z)
  Implementation by SEA (Must monitor, provide standards, etc.)300.147.
  Monitor compliance300.147(a).
  Input by private schools (Provide for)300.147(c).
  Responsibility of SEA300.146.
PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (A-C)
  Additional disclosure of information (5 business days before hearing)300.512(b).
  Agency responsible for conducting hearing300.511(b).
  Appeal of hearing decisions; impartial review300.514(b).
  Attorneys' fees300.517.
  Child's status during proceedings300.518.
  Civil action300.516.
  Consent (Definition)300.9.
  Court (See “Court(s)”)
PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (D-H)
  Electronic mail (Parent may elect to receive notices by)300.505.
  Evaluation (Definition)300.15.
  Evaluations: Hearing officer requests for300.502(d).
  Finality of decision; appeal; impartial review300.514.
  Findings and decision to advisory panel and public300.513(d).
  Hearing rights300.512.
PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (I-Pa)
  Impartial due process hearing300.511.
  Impartial hearing officer300.511(c).
  Impartiality of mediator300.506(c).
  Independent educational evaluation300.502.
Ο  Definition300.502(a)(3)(i).
  Jurisdiction of district courts300.516(d).
Ο  See “Court(s)”
  Mediation300.506.
Ο  Opportunity to meet with a disinterested party300.506(b)(2).
  Model form to assist parties in filing a due process or State complaint300.509.
  Notice required before a hearing on a due process complaint300.508(c).
  Opportunity to examine records300.501(a).
  Parental consent300.300.
  Parent-initiated evaluations300.502(c).
  Parent involvement in placement decisions300.501(c).
  Parent participation in meetings300.501(b).
  Parental rights at hearings300.512(c).
  Parent right to evaluation at public expense300.502(b).
Ο  Public expense (Definition)300.502(a)(3)(ii).
PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (Pe-Z)
  Pendency300.518.
  Personally identifiable (Definition)300.32.
  Prior notice by public agency300.503.
  Procedural safeguards notice300.504.
  Prohibition on introduction of undisclosed evidence 5 business days before hearing300.512(a)(3).
  Record of hearing300.512(a)(4).
  Resolution process300.510.
  SEA implementation of300.150.
  See “Civil Action Proceedings,” “Court(s),” “Hearing Officer(s),” “Timelines”
  Surrogate parents300.519.
  Timelines and convenience of hearings300.515.
  Transfer of parental rights at age of majority300.520.
PROCEDURAL SAFEGUARDS NOTICE300.504.
  Internet Web site (Notice on)300.504(b).
PROCEEDS FROM PUBLIC BENEFITS OR INSURANCE OR PRIVATE INSURANCE300.154(g).
PROGRAM INCOME (Not treated as proceeds from insurance)300.154(g.)
PROGRAM MODIFICATIONS OR SUPPORTS (IEP content)300.320(a)(4).
PROPORTIONATE SHARE CALCULATION (See appendix B)
PROTECTIONS FOR CHILDREN NOT DETERMINED ELIGIBLE (Discipline)300.534.
PSYCHOLOGICAL SERVICES (Definition)300.34(c)(10).
PUBLIC AGENCY (Definition)300.33.
PUBLIC BENEFITS OR INSURANCE300.154(d).
PUBLIC BENEFITS OR INSURANCE OR PRIVATE INSURANCE (Proceeds from)300.154(g).
PUBLIC CHARTER SCHOOLS (See “Charter schools”)
PUBLIC EXPENSE (Definition under IEE)300.502(a)(3)(ii).
PUBLIC HEARINGS (On policies)
  State eligibility300.165(a).
  Secretary of the Interior300.708(g).
PUBLIC INFORMATION (LEA)300.212.
PUBLIC NOTICE
  LEA and State agency compliance300.222(b).
  Public attention (If State has received a notice under §300.603)300.606.
PURPOSES (Of this Part 300)300.1.
QUALIFIED PERSONNEL300.156.
  Related services definitions (see §300.34(c)(2), (c)(5), (c)(6), (c)(7), (c)(9), (c)(12), (c)(13)).
RATE OF INFLATION (In the Consumer Price Index for All Urban Consumers) (see §§300.702(b), 300.704(a)(2)(ii), 300.704(b)(2), 300.812(b)(2)).
REALLOCATION OF LEA FUNDS (If SEA determines LEA adequately providing FAPE) (see §§300.705(c), 300.817)).
RECORDS (A-D)
  Access rights (Parents' right to inspect)300.613.
Ο  Fees for records300.617.
Ο  Records on more than one child300.615.
  Civil action (Court shall receive records)300.516(c)(1).
  Conducting IEP Team meetings without parents (Records of attempts to convince parents)300.322(d).
Confidentiality (See “Confidentiality”)
  Consent to release records300.622(b).
Disciplinary records:
Ο  Determination that behavior not manifestation300.530(e).
Ο  Disciplinary information300.229(c).
Ο  Referral to and action by law enforcement and judicial authorities300.535.
RECORDS (E-Z)
  Education records (Definition)300.611(b).
  Of parentally-placed private school CWDs (LEA to SEA)300.132(c).
  Opportunity to examine records300.501(a).
  Procedural safeguards notice (Access to education records)300.504(c)(4).
  Record of access300.614.
  See also “Transfer during academic year”
RECREATION (Definition)300.34(c)(11).
REDUCTION OF FUNDS FOR FAILURE TO MAINTAIN SUPPORT300.163(b).
REEVALUATION
  Frequency of occurrence300.303(b).
  Parental consent required before conducting300.300(c)(1).
Ο  If parent fails to consent300.300(c)(1)(ii).
  Parental consent not required for:
Ο  Administering a test that all children take300.300(d)(1)(ii).
Ο  Reviewing existing data300.300(d)(1)(i).
  Parent refusal to consent300.300(c)(1)(ii).
  Review of existing evaluation data300.305(a).
  Revision of IEP (To address reevaluation)300.324(b)(1)(ii).
REFERRAL (A-M)
  Discipline:
Ο  Referral to and action by law enforcement and judicial authorities300.535.
Ο  Protections for children not determined eligible300.534.
  Enforcement (Referral for)300.604(b)(2)(vi).
  Indian children (Referral for services or further diagnosis)300.712(d)(2).
  Medical attention (Referral for):
Ο  Audiology300.34(c)(1)(ii).
Ο  Speech-language pathology services300.34(c)(15)(iii).
REFERRAL (N-Z)
  Nonacademic and extracurricular services (Referral to agencies regarding assistance to individuals with disabilities)300.107(b).
  Prior notice (If not initial referral for evaluation)300.503(b)(4).
  Private school placement when FAPE is at issue (Reimbursement when no referral by public agency)300.148(c).
  Procedural safeguards notice (Upon initial referral for evaluation)300.504(a)(1).
  Referral to and action by law enforcement and judicial authorities300.535.
REGULAR EDUCATION TEACHER
  Access to IEP300.323(d).
  IEP Team member300.321(a)(2).
  Participate in IEP development300.324(a)(3).
Ο  Behavioral interventions300.324(a)(3)(i).
Ο  Supplementary aids and services300.324(a)(3)(ii).
REGULATIONS
  Applicable regulations (Secretary of the Interior)300.716.
  Applicability of this part to State, local, and private agencies300.2.
REHABILITATION
  Assistive technology service (see §300.6(d), (f))
  Rehabilitation Act of 1973 (see §§300.34(c)(12), 300.516(e))
  Rehabilitation counseling services:
Ο  Definition300.34(c)(12).
Ο  In vocational rehabilitation (VR) programs300.34(c)(12).
  Transition services (State VR agency responsibility)300.324(c)(2).
REHABILITATION COUNSELING SERVICES300.34(c)(12).
REIMBURSEMENT
  Methods of ensuring services (see §300.154(a)(3), (b)(1)(ii), (b)(2), (g)(2))
  Private school placement when FAPE is at issue:
Ο  Limitation on reimbursement300.148(d).
Ο  Reimbursement for private school placement300.148(c).
Ο  Subject to due process procedures300.148(b).
  Reimbursement by non-educational public agency300.154(b)(2).
  Reimbursement by SEA to LEA300.704(c)(7).
RELATED SERVICES
  Definition300.34.
  Observations by teachers and related services providers regarding existing evaluation data300.305(a)(1)(iii).
RELATION OF PART B TO OTHER FEDERAL PROGRAMS300.186.
RELIGIOUS SCHOOLS
  Child find for parentally-placed private school children300.131(a).
  Child find for out-of-State children300.131(f).
  Formula for LEA expenditures on300.133(a).
  See “Parentally-placed private school children with disabilities”
  Services plan for each child served300.137(c).
  Services provided on-site300.139(a).
REMEDIES FOR DENIAL OF APPROPRIATE SERVICES300.151(b).
REPORTS (A-C)
  Annual report of children served300.640.
Ο  See also §§300.641 through 300.646
  Annual report to Secretary of Interior by advisory board on Indian children300.715(a).
  Biennial report (Indian tribes)300.712(e).
  Child count (Annual report of children served)300.641.
REPORTS (D-Z)
  Evaluation reports to parents300.306(a)(2).
  Monitoring compliance of publicly placed children in private schools (e.g., written reports)300.147(a).
  Monitoring reports (Waiver of nonsupplanting requirement)300.164(c)(3).
  Performance goals (Progress reports)300.157(c).
  Secretary's report to States regarding 25% of funds300.812(b).
REPORT CARDS300.320(a)(3)(ii).
REPORTING A CRIME to law enforcement and judicial authorities300.535.
RESIDENTIAL PLACEMENTS300.104.
REVOKE CONSENT AT ANY TIME (In definition of “Consent”)300.9(c)(1).
RHEUMATIC FEVER300.8(c)(9)(i).
RISK OF LOSS OF ELIGIBILITY FOR INSURANCE300.154(d)(2)(iii)(D).
SCHOOL DAY
  Definition300.11(c).
  See “Timelines,” “Timelines—Discipline”
SCHOOL HEALTH SERVICES AND SCHOOL NURSE SERVICES300.34(c)(13).
SCHOOL PERSONNEL
  Content of IEP300.320(a)(4).
  Development, review, and revision of IEP300.324(a)(4).
  Disciplinary authority300.530.
  Use of private school personnel300.142(b).
  Use of public school personnel300.142(a).
SCHOOLWIDE PROGRAMS300.206.
SEA RESPONSIBILITY
  For all education programs300.149.
  For direct services300.227.
  For each parentally-placed private school child designated to receive services300.132(b).
  For impartial review300.514(b)(2).
  Prohibition of LEA from reducing maintenance of effort300.608.
SECRETARY
  Determination that a State is eligible300.178.
  Notice and hearing before determining that a State is not eligible300.179.
  Waiver of nonsupplanting requirement300.164.
SECRETARY OF THE INTERIOR
  Advisory board establishment300.714.
Ο  Annual report by advisory board300.715.
  Biennial report (By tribe or tribal organization)300.712(e).
  Eligibility (see §§300.708 through 300.716)
  Payments for:
Ο  Children aged 3 through 5300.712.
Ο  Child find and screening300.712(d).
  Plan for coordination of services300.713.
  Use of funds for early intervening services300.711.
SEPARATION—DIVORCE (Authority to review records)300.613(c).
SERVICES PLAN for parentally-placed private school children (see §§300.132(b), 300.137(c) 300.138(b))
SERVICES THAT ALSO BENEFIT NONDISABLED CHILDREN300.208(a)(1).
SHORTAGE OF PERSONNEL (Policy to address)300.704(b)(4)(vii).
SHORT TERM OBJECTIVES OR BENCHMARKS300.320(a)(2)(ii).
SHOULD HAVE KNOWN (Regarding due process complaint)300.511(e).
SHOW CAUSE HEARING300.194.
  Decision300.195.
  Implementation of by-pass (see §§300.192(b)(2), 300.193)
  Right to legal counsel300.194(a)(3).
SICKLE CELL ANEMIA300.8(c)(9)(i).
SLD (See “Specific Learning Disability”)
SOCIAL WORK SERVICES IN SCHOOLS (Definition)300.34(b)(14).
SPECIAL FACTORS (IEP Team)300.324(a)(2).
SPECIAL EDUCATION (Definition)300.39.
SPECIAL EDUCATION PROVIDER300.321(a)(3).
SPECIAL EDUCATION TEACHER
  IEP accessible to300.323(d).
  On IEP Team300.321(a)(3).
  Requirements regarding highly qualified300.18.
SPECIAL RULE
  Adjustments to local efforts300.205(d).
  For child's eligibility determination300.306(b).
  For increasing funds300.704(e).
   Methods of ensuring services300.154(c).
  LEA high cost fund300.704(c).
  Regarding outlying areas and freely associated States300.701(a)(3).
  Regarding transfer of rights300.520(b).
  Regarding use of FY 1999 amount300.703(b).
  State advisory panel (Parent members)300.168(b).
SPECIFIC LEARNING DISABILITY
  Definition300.8(c)(10).
  Evaluation requirements and report (see §§300.306(a), 300.307 through 300.311)
  Other alternative research-based procedures300.307(a)(3).
  Response to scientific, research-based intervention (see §§300.307(a)(2), 300.309(a)(2)(i), 300.311(a)(7))
  Scientifically based research:
Ο  Definition300.35.
Ο  Enforcement300.604(a)(1)(ii).
  Severe discrepancy300.307(a)(1).
SPEECH-LANGUAGE PATHOLOGY SERVICES
  Definition300.34(b)(15).
  Speech or language impairment (Definition)300.8(c)(11).
STATE
  Definition300.40.
  Special definition for grants300.717(c).
  Sovereign immunity300.177.
STATE ADMINISTRATION (Use of funds for) (see §§300.704(a), 300.812(a)).
STATE ADVISORY PANEL300.167
  Due process hearings (Findings and decisions to State advisory panel) (see §§300.513(d)(1), 300.514(c)(1))
  Duties300.169.
  Establishment300.167.
  Membership300.168.
  Waiver of nonsupplant requirement (State has consulted with advisory panel regarding provision of FAPE)300.164(c)(4).
STATE AGENCIES
  Applicability of Part B to other State agencies300.2(b)(1)(iii).
  Compliance (LEA and State agency)300.222.
  Eligibility (LEA and State agency):
Ο  General conditions (see §§300.200 through 300.213)
  Notification of LEA or State agency in case of ineligibility300.221.
  State advisory panel (Membership)300.168.
  State agency eligibility300.228.
  State Medicaid agency300.154(a)(1), (h).
STATE COMPLAINT PROCEDURES (see §§300.151 through 300.153)
  See “Complaint(s): State complaint procedures”
STATE ELIGIBILITY
  Condition of assistance300.100.
  Department procedures (see §§300.178 through 300.186)
  Determination of eligibility (By the Secretary)300.178.
  General conditions300.100.
  Notice and hearing before determining that a State is not eligible300.179.
  Specific conditions (see §§300.101 through 300.176)
STATE JUVENILE AND ADULT CORRECTIONAL FACILITIES300.2(b)(1)(iv).
  See also “Correctional facilities,” “Adult prisons”
STATE-LEVEL ACTIVITIES (With Part B funds)300.704.
STATE-LEVEL NONSUPPLANTING300.162(c).
  Waiver by Secretary300.162(c)(2).
  Waiver of requirement300.164.
STATE MAINTENANCE OF EFFORT300.163.
SUBGRANT(S)
  State agency eligibility300.228.
  To LEAs300.705(a).
STATE MEDICAID AGENCY
  Methods of ensuring services300.154(a)(1).
  See also “Medicaid”
STATE SCHOOLS
  Applicability of this part to schools for children with deafness or blindness300.2(b)(1)(iii).
STATE VOCATIONAL REHABILITATION AGENCY (See “Rehabilitation”)
STATES' SOVEREIGN IMMUNITY300.177.
STAY-PUT (Child's status during proceedings)300.518.
  See also “Pendency”
SUBSTANTIAL LIKELIHOOD OF INJURY (Discipline)300.532(a).
SUPPLEMENTARY AIDS AND SERVICES
  Definition300.42.
  IEP content300.320(a)(4).
  In “assistive technology”300.105(a)(3).
  LRE requirements300.114(a)(2)(ii).
  Methods of ensuring services300.154(b).
  Requirement regarding regular education teacher (IEP)300.324(a)(3)(ii).
  Services that also benefit nondisabled children300.208(a)(1).
SUPPLEMENT—NOT SUPPLANT
  LEA requirement300.202(a)(3).
  State level nonsupplanting300.162(c).
  See “Nonsupplanting”
SUPPORT SERVICES (see §§300.704(b)(4)(i)), 300.814(a))
SURGICALLY IMPLANTED MEDICAL DEVICE (see §§300.5, 300.34(b), 300.113(b))
SURROGATE PARENTS300.519.
  Appointed for homeless youth300.519(f).
  In definition of “Parent”300.30(a)(5).
  Timeline for assignment300.519(h).
SUSPENSION (EXPULSION)
  Alternative programming for children expelled300.704(b)(4)(ix).
  Provision of FAPE300.101(a).
  Suspension and expulsion rates300.170(a).
  Suspension or expulsion without services300.534(d)(2)(ii).
TEACHERS
See “Regular education teacher”
See “Special education teacher”
TECHNICAL ASSISTANCE (Amounts to support)300.702.
TECHNICALLY SOUND INSTRUMENTS (Evaluation)300.304(b)(3).
TERMINATION OF AGENCY OBLIGATION to provide special education to a particular child (Exception to MOE)300.204(c).
THERAPEUTIC RECREATION300.34(b)(11)(ii).
TIMELINES (A-D)
  Access rights (Confidentiality: 45 days)300.613(a).
  Annual report of children served (Between Oct. 1 and Dec. 1)300.641(a).
  Annual count of parentally-placed private school children (Between Oct. 1 and Dec. 1)300.133(c).
  Assignment of surrogate parent (Not more than 30 days)300.519(h).
  Attorneys' fees (10 days prohibition)300.517(c)(2)(i).
  Complaint procedures (State: 60 days)300.152(a).
  Department hearing procedures (30 days)300.179(b)(3).
Ο  See also §§300.181 through 300.184
  Due process hearings and reviews (see §§300.510(b)(2), 300.511(e), (f)):
Ο  Conducted within 20 school days; decision within 10 school days300.532(c)(2).
Ο  Decision within 45 days after expiration of 30 day period300.515(a).
Ο  Disclose evaluations before hearings (5 business days)300.512(a)(3).
TIMELINES (E-H)
  Hearing procedures (State eligibility: 30 days)300.179(b)(3).
  Hearing rights:
Ο  Disclosure of evaluations (At least 5 business days before hearing)300.512(b)(1).
Ο  Prohibit introduction of evidence not disclosed (At least 5 business days before hearing)300.512(a)(3).
Ο  Reviews (Decision not later than 30 days)300.515(b).
TIMELINES (I-Z)
  IEP (Initial meeting: 30 days)300.323(c)(1).
  Initial evaluation (60 days)300.301(c)(1).
  Parent notice before private placement (At least 10 business days)300.148(d)(2).
  Show cause hearing300.194(g).
  Decision300.195(a)(1).
  State eligibility: Department hearing procedures (see §§300.179(b)(3), 300.181(b), 300.182(d), (e), (g), (k), 300.184)
  Timelines and convenience of hearings and reviews300.515.
TIMELINES—DISCIPLINE (A-P)
  Authority of hearing officer (May order change of placement for not more than 45 school days)300.532(b)(2)(ii).
  Authority of school personnel:
Ο  Change of placement for not more than 45 consecutive days for weapons or drugs300.530(g).
Ο  Removal of a child for not more than 10 school days300.530(b).
  Change of placement for disciplinary removals:
Ο  Of more than 10 consecutive school days300.536(a)(1).
Ο  Because series of removals total more than 10 school days300.536(a)(2)(i).
  Due process hearing request300.507(a)(2).
  Expedited due process hearings:
Ο  Conducted within 20 days300.532(c)(2).
Ο  Decision within 10 days300.532(c)(3)(i).
  Hearing officer (Order change of placement for not more than 45 days)300.532(b)(2)(ii).
  Manifestation determination review (Conducted in no more than 10 school days)300.530(e).
  Placement during appeals (Not longer than 45 days)300.532(b)(2)(ii).
TIMELINES—DISCIPLINE (Q-Z)
   Removals for not more than:
Ο   10 school days (By school personnel)300.530(b).
Ο   45 days (To interim alternative educational setting)300.532(b)(2)(ii).
By hearing officer (For substantial likelihood of injury to child or others)300.532(b)(2)(ii).
By school personnel (For weapons or drugs) (see §300.530(g)(1), (g)(2))
TIMETABLE: Full educational opportunity goal (FEOG)300.109.
TRAINING
  Assistive technology services (see §300.6(e), (f))
  Confidentiality procedures (Personnel using personally identifiable information must receive training)300.623(c).
  Parent counseling and training300.34(b)(8).
  Technical assistance and training for teachers and administrators300.119.
  Travel training (see §300.39(a)(2)(ii), (b)(4))
TRANSFER DURING ACADEMIC YEAR
  Assessments coordinated between public agencies300.304(c)(5).
  New school district responsibilities (see §300.323(e), (f))
  Transmittal of records300.323(g).
TRANSFER OF PARENTAL RIGHTS300.520.
  IEP requirement300.320(c).
  Special rule300.520(b).
  To children in correctional institutions300.520(a)(2).
TRANSITION FROM PART C TO PART B300.124.
TRANSITION SERVICES (NEEDS)
  Agency responsibilities for (see §§300.321(b)(3), 300.324(c)(2))
  Alternative strategies300.324(c)(1).
  Child participation in IEP Team meetings300.321(b)(1).
  Definition300.43.
  IEP requirement (Statement of)
Ο  Transition service needs300.320(b).
Ο  Needed transition services300.43(b).
  State rehabilitation agency300.324(c)(2).
TRANSMITTAL OF RECORDS TO LAW ENFORCEMENT AND JUDICIAL AUTHORITIES300.535(b).
TRANSPORTATION
  Definition300.34(c)(16).
  Nonacademic services300.107(b).
  Of private school children300.139(b).
TRAUMATIC BRAIN INJURY (Definition)300.8(c)(12).
TRAVEL TRAINING (see §300.39(a)(2)(ii), (b)(4))
  Definition300.39(b)(4).
TREATMENT OF CHARTER SCHOOLS AND THEIR STUDENTS300.209.
TREATMENT OF FEDERAL FUNDS IN CERTAIN YEARS300.205.
UNIVERSAL DESIGN
  Definition300.44.
  Support technology with universal design principles300.704(b)(4)(v).
USE OF AMOUNTS (LEA)300.202.
USE OF FUNDS BY LEAs
  Coordinated services system300.208(a)(2).
  For school-wide programs300.206.
  For services and aids that also benefit nondisabled children300.208(a)(1).
  For use in accordance with Part B300.705.
USE OF FUNDS BY STATES (SEAs) (A-C)
  Administering Part B State activities300.704(a)(1).
  Administering Part C (If SEA is Lead Agency)300.704(a)(4).
  Administrative costs of monitoring and complaint investigations300.704(b)(3)(i).
  Allowable costs300.704(b)(3).
  Amount for State administration300.704(a)
  Annual description of use of Part B funds300.171.
  Assist LEAs in meeting personnel shortages300.704(b)(4)(vii).
  Complaint investigations300.704(b)(3)(i).
  Coordination of activities with other programs300.704(b)(1).
USE OF FUNDS BY STATES (SEAs) (D-Z)
  Direct and support services300.704(b)(4)(i).
  High cost fund300.704(c).
  Mediation process300.704(b)(3)(ii).
  Monitoring300.704(b)(3)(i).
  Personnel preparation, professional development and training (see §300.704(b)(4)(i), (b)(4)(xi)).
  State plan300.704(c)(3)(i).
  Statewide coordinated services system300.814(d).
  Support and direct services300.704(b)(4)(i).
  Technical assistance:
Ο  To LEAs300.704(b)(4)(xi).
Ο  To other programs that provide services300.704(a)(1).
USE OF FUNDS BY SECRETARY OF THE INTERIOR (see §§300.707 through 300.716)
  By Indian tribes:
Ο  For child find for children aged 3 throught 5300.712(d).
Ο  For coordination of assistance for services300.712(a).
  For administrative costs300.710(a).
USE OF SEA ALLOCATIONS300.704.
  Inapplicability of requirements that prohibit commingling and supplanting of funds300.704(d).
VISUAL IMPAIRMENT INCLUDING BLINDNESS (Definition)300.8(c)(13).
VOCATIONAL EDUCATION
  Definition300.39(b)(5).
  In definition of “Special education”300.39(a)(2)(iii).
  Program options300.110.
  Transition services300.320(b)(1).
VOCATIONAL REHABILITATION (See “Rehabilitation”)
VOLUNTARY DEPARTURE OF PERSONNEL
(Exception to LEA maintenance of effort)300.204(a).
WAIVER(S)
  For exceptional and uncontrollable circumstances (State maintenance of effort)300.163(c).
  “In whole or in part”300.164(e).
  Public benefits or insurance (Risk of loss of eligibility for home and community-based waivers)300.154(d)(2)(iii)(D).
  State-level nonsupplanting300.162(c).
  State maintenance of effort300.163.
  State's procedures for monitoring300.164(c)(2)(ii)(B).
  Waiver procedures300.164.
WARD OF THE STATE
  Appointment of surrogate parent300.519(c).
  Definition300.45.
  See definition of “Parent”300.30(a)(3).
  See “Surrogate parents”300.519(a)(3).
WEAPON (Definition)300.530(i)(4).
WHEN IEPS MUST BE IN EFFECT300.323.

[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61307, Oct. 30, 2007. Redesignated at 80 FR 23667, Apr. 28, 2015, as amended at 82 FR 31913, July 11, 2017]

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