e-CFR data is current as of January 23, 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 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES
Subpart A—GENERAL
Purpose and Applicable Regulations
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| Purpose of the early intervention program for infants and toddlers with disabilities. |
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| Eligible recipients of an award and applicability of this part. |
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Definitions Used in This Part
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| At-risk infant or toddler. |
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| Early intervention service program. |
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| Early intervention service provider. |
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| Early intervention services. |
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| Free appropriate public education. |
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| Individualized family service plan. |
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| Infant or toddler with a disability. |
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| Local educational agency. |
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| Parent training and information center. |
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| Personally identifiable information. |
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| Service coordination services (case management). |
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| State educational agency. |
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Subpart B—STATE ELIGIBILITY FOR A GRANT AND REQUIREMENTS FOR A STATEWIDE SYSTEM
General Authority and Eligibility
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| State eligibility—requirements for a grant under this part. |
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State Conformity With Part C of the Act and Abrogation of State Sovereign Immunity
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| State conformity with Part C of the Act. |
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| Abrogation of State sovereign immunity. |
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Equipment and Construction
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| Acquisition of equipment and construction or alteration of facilities. |
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Positive Efforts To Employ and Advance Qualified Individuals With Disabilities
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| Positive efforts to employ and advance qualified individuals with disabilities. |
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Minimum Components of a Statewide System
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| Minimum components of a statewide system. |
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| State definition of developmental delay. |
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| Availability of early intervention services. |
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| Evaluation, assessment, and nondiscriminatory procedures. |
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| Individualized family service plan (IFSP). |
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| Comprehensive child find system. |
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| Public awareness program. |
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| Comprehensive system of personnel development (CSPD). |
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| Lead agency role in supervision, monitoring, funding, interagency coordination, and other responsibilities. |
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| Policy for contracting or otherwise arranging for services. |
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| Reimbursement procedures. |
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| State interagency coordinating council. |
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| Early intervention services in natural environments. |
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Subpart C—STATE APPLICATION AND ASSURANCES
General
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| State application and assurances. |
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Application Requirements
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| Designation of lead agency. |
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| Certification regarding financial responsibility. |
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| Statewide system and description of services. |
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| Application's definition of at-risk infants and toddlers and description of services. |
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| Description of use of funds. |
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| Referral policies for specific children. |
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| Availability of resources. |
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| Public participation policies and procedures. |
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| Transition to preschool and other programs. |
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| Coordination with Head Start and Early Head Start, early education, and child care programs. |
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| State option to make services under this part available to children ages three and older. |
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| Additional information and assurances. |
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Assurances
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| Assurances satisfactory to the Secretary. |
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| Control of funds and property. |
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| Prohibition against supplanting; indirect costs. |
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| Traditionally underserved groups. |
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Subsequent Applications and Modifications, Eligibility Determinations, and Standard of Disapproval
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| Subsequent State application and modifications of application. |
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| Determination by the Secretary that a State is eligible. |
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| Standard for disapproval of an application. |
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Department Procedures
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| Notice and hearing before determining that a State is not eligible. |
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| Hearing Official or Panel. |
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| Initial decision; final decision. |
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Subpart D—CHILD FIND, EVALUATIONS AND ASSESSMENTS, AND INDIVIDUALIZED FAMILY SERVICE PLANS
Pre-Referral Procedures—Public Awareness Program and Child Find System
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| Public awareness program—information for parents. |
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| Comprehensive child find system. |
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Referral Procedures
Post-Referral Procedures—Screenings, Evaluations, and Assessments
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| Post-referral timeline (45 days). |
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| Screening procedures (optional). |
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| Evaluation of the child and assessment of the child and family. |
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| Determination that a child is not eligible. |
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Individualized Family Service Plan (IFSP)
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| Individualized family service plan—general. |
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| Procedures for IFSP development, review, and evaluation. |
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| IFSP Team meeting and periodic review. |
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| Interim IFSPs—provision of services before evaluations and assessments are completed. |
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| Responsibility and accountability. |
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Subpart E—PROCEDURAL SAFEGUARDS
General
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| General responsibility of lead agency for procedural safeguards. |
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Confidentiality of Personally Identifiable Information and Early Intervention Records
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| Confidentiality and opportunity to examine records. |
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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 a parent's request. |
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| Opportunity for a hearing. |
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| Consent prior to disclosure or use. |
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| Destruction of information. |
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Parental Consent and Notice
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| Parental consent and ability to decline services. |
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| Prior written notice and procedural safeguards notice. |
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Surrogate Parents
Dispute Resolution Options
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| State dispute resolution options. |
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Mediation
State Complaint Procedures
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| Adoption of State complaint procedures. |
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| Minimum State complaint procedures. |
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States That Choose To Adopt the Part C Due Process Hearing Procedures Under Section 639 of the Act
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| Appointment of an impartial due process hearing officer. |
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| Parental rights in due process hearing proceedings. |
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| Convenience of hearings and timelines. |
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States That Choose To Adopt the Part B Due Process Hearing Procedures Under Section 615 of the Act
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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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| State enforcement mechanisms. |
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Subpart F—USE OF FUNDS AND PAYOR OF LAST RESORT
General
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| Use of funds, payor of last resort, and system of payments. |
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Use of Funds
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| Permissive use of funds by the lead agency. |
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Payor of Last Resort—General Provisions
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| Methods to ensure the provision of, and financial responsibility for, Part C services. |
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Payor of Last Resort & System of Payments Provisions—Use of Insurance, Benefits, Systems of Payments, and Fees
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| Policies related to use of public benefits or insurance or private insurance to pay for Part C services. |
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| System of payments and fees. |
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Subpart G—STATE INTERAGENCY COORDINATING COUNCIL
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| Establishment of Council. |
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| Use of funds by the Council. |
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| Functions of the Council—required duties. |
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| Authorized activities by the Council. |
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Subpart H—STATE MONITORING AND ENFORCEMENT; FEDERAL MONITORING AND ENFORCEMENT; REPORTING; AND ALLOCATION OF FUNDS
Federal and State Monitoring and Enforcement
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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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Reports—Program Information
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| Data requirements—general. |
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| Annual report of children served—report requirement. |
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| Annual report of children served—certification. |
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| Annual report of children served—other responsibilities of the lead agency. |
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Allocation of Funds
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| Formula for State allocations. |
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| Reservation for State incentive grants. |
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