e-CFR data is current as of January 24, 2020
TITLE 34—Education
Subtitle B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION (CONTINUED) CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
Subpart A—GENERAL
Purposes and Applicability
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| Applicability of this part to State and local agencies. |
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Definitions Used in This Part
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| Assistive technology device. |
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| Assistive technology service. |
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| Day; business day; school day. |
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| Educational service agency. |
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| Free appropriate public education. |
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| Individualized education program. |
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| Individualized education program team. |
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| Individualized family service plan. |
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| Infant or toddler with a disability. |
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| Institution of higher education. |
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| Limited English proficient. |
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| Local educational agency. |
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| Parent training and information center. |
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| State educational agency. |
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| Supplementary aids and services. |
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Subpart B—STATE ELIGIBILITY
General
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| Eligibility for assistance. |
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FAPE Requirements
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| Free appropriate public education (FAPE). |
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| Limitation—exception to FAPE for certain ages. |
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Other FAPE Requirements
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| FAPE—methods and payments. |
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| Extended school year services. |
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| Full educational opportunity goal (FEOG). |
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| Individualized education programs (IEP). |
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| Routine checking of hearing aids and external components of surgically implanted medical devices. |
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Least Restrictive Environment (LRE)
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| Continuum of alternative placements. |
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| Children in public or private institutions. |
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| Technical assistance and training activities. |
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Additional Eligibility Requirements
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| Confidentiality of personally identifiable information. |
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| Transition of children from the Part C program to preschool programs. |
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Children in Private Schools
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| State responsibility regarding children in private schools. |
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Children With Disabilities Enrolled by Their Parents in Private Schools
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| Definition of parentally-placed private school children with disabilities. |
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| Child find for parentally-placed private school children with disabilities. |
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| Provision of services for parentally-placed private school children with disabilities—basic requirement. |
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| Equitable services determined. |
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| Equitable services provided. |
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| Location of services and transportation. |
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| Due process complaints and State complaints. |
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| Requirement that funds not benefit a private school. |
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| Separate classes prohibited. |
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| Property, equipment, and supplies. |
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Children With Disabilities in Private Schools Placed or Referred by Public Agencies
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| Applicability of §§300.146 through 300.147. |
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Children With Disabilities Enrolled by Their Parents in Private Schools When FAPE Is at Issue
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| Placement of children by parents when FAPE is at issue. |
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SEA Responsibility for General Supervision and Implementation of Procedural Safeguards
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| SEA responsibility for general supervision. |
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| SEA implementation of procedural safeguards. |
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State Complaint Procedures
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| Adoption of State complaint procedures. |
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| Minimum State complaint procedures. |
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Methods of Ensuring Services
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| Methods of ensuring services. |
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Additional Eligibility Requirements
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| Hearings relating to LEA eligibility. |
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| Personnel qualifications. |
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| Performance goals and indicators. |
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| Participation in assessments. |
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| Supplementation of State, local, and other Federal funds. |
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| Maintenance of State financial support. |
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| Waiver of requirement regarding supplementing and not supplanting with Part B funds. |
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State Advisory Panel
Other Provisions Required for State Eligibility
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| Suspension and expulsion rates. |
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| Annual description of use of Part B funds. |
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| Access to instructional materials. |
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| Overidentification and disproportionality. |
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| Prohibition on mandatory medication. |
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| SEA as provider of FAPE or direct services. |
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| Exception for prior State plans. |
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| States' sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities. |
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Department Procedures
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| Determination by the Secretary that a State is eligible to receive a grant. |
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| Notice and hearing before determining that a State is not eligible to receive a grant. |
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| Hearing official or panel. |
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| Initial decision; final decision. |
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| Assistance under other Federal programs. |
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By-pass for Children in Private Schools
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| Provisions for services under a by-pass. |
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| Notice of intent to implement a by-pass. |
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| Continuation of a by-pass. |
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State Administration
Subpart C—LOCAL EDUCATIONAL AGENCY ELIGIBILITY
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| Consistency with State policies. |
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| Exception to maintenance of effort. |
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| Adjustment to local fiscal efforts in certain fiscal years. |
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| Schoolwide programs under title I of the ESEA. |
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| Treatment of charter schools and their students. |
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| Purchase of instructional materials. |
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| Records regarding migratory children with disabilities. |
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| Exception for prior local plans. |
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| Notification of LEA or State agency in case of ineligibility. |
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| LEA and State agency compliance. |
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| Joint establishment of eligibility. |
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| Requirements for establishing eligibility. |
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| Early intervening services. |
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| Direct services by the SEA. |
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| State agency eligibility. |
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| Disciplinary information. |
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Subpart D—EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS
Parental Consent
Evaluations and Reevaluations
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| Screening for instructional purposes is not evaluation. |
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| Additional requirements for evaluations and reevaluations. |
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| Determination of eligibility. |
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Additional Procedures for Identifying Children With Specific Learning Disabilities
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| Specific learning disabilities. |
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| Additional group members. |
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| Determining the existence of a specific learning disability. |
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| Specific documentation for the eligibility determination. |
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Individualized Education Programs
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| Definition of individualized education program. |
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| When IEPs must be in effect. |
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Development of IEP
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| Development, review, and revision of IEP. |
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| Private school placements by public agencies. |
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| Alternative means of meeting participation. |
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Subpart E—PROCEDURAL SAFEGUARDS DUE PROCESS PROCEDURES FOR PARENTS AND CHILDREN
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| Responsibility of SEA and other public agencies. |
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| Opportunity to examine records; parent participation in meetings. |
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| Independent educational evaluation. |
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| Prior notice by the public agency; content of notice. |
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| Procedural safeguards notice. |
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| Filing a due process complaint. |
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| Impartial due process hearing. |
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| Finality of decision; appeal; impartial review. |
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| Timelines and convenience of hearings and reviews. |
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| Child's status during proceedings. |
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| Transfer of parental rights at age of majority. |
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Discipline Procedures
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| Authority of school personnel. |
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| Determination of setting. |
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| Placement during appeals. |
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| Protections for children not determined eligible for special education and related services. |
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| Referral to and action by law enforcement and judicial authorities. |
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| Change of placement because of disciplinary removals. |
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| State enforcement mechanisms. |
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Subpart F—MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION
Monitoring, Technical Assistance, and Enforcement
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| State monitoring and enforcement. |
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| State performance plans and data collection. |
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| State use of targets and reporting. |
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| Secretary's review and determination regarding State performance. |
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| Divided State agency responsibility. |
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Confidentiality of Information
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| Records on more than one child. |
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| List of types and locations of information. |
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| Amendment of records at parent's request. |
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| Opportunity for a hearing. |
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| Destruction of information. |
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| Department use of personally identifiable information. |
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Reports—Program Information
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| Annual report of children served—report requirement. |
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| Annual report of children served—information required in the report. |
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| Annual report of children served—certification. |
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| Annual report of children served—criteria for counting children. |
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| Annual report of children served—other responsibilities of the SEA. |
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| Determining significant disproportionality. |
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Subpart G—AUTHORIZATION, ALLOTMENT, USE OF FUNDS, AND AUTHORIZATION OF APPROPRIATIONS
Allotments, Grants, and Use of Funds
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| Outlying areas, freely associated States, and the Secretary of the Interior. |
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Secretary of the Interior
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| Use of amounts by Secretary of the Interior. |
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| Submission of information. |
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| Use of funds under Part B of the Act. |
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| Early intervening services. |
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| Payments for education and services for Indian children with disabilities aged three through five. |
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| Plan for coordination of services. |
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| Establishment of advisory board. |
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Definitions that Apply to this Subpart
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| Definitions applicable to allotments, grants, and use of funds. |
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Acquisition of Equipment and Construction or Alteration of Facilities
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| Acquisition of equipment and construction or alteration of facilities. |
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Subpart H—PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES
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| Eligibility for financial assistance. |
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| Reservation for State activities. |
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| Other State-level activities. |
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| Reallocation of LEA funds. |
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| Part C of the Act inapplicable. |
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