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Title 34

Displaying title 34, up to date as of 7/09/2026. Title 34 was last amended 7/01/2026.
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Title 34EducationPart / Section
Subtitle BRegulations of the Offices of the Department of Education100 – 699
Chapter IIIOffice of Special Education and Rehabilitative Services, Department of Education300 – 399
Part 300Assistance to States for the Education of Children with Disabilities300.1 – 300.818
Subpart BState Eligibility300.100 – 300.199
General300.100
§ 300.100Eligibility for assistance.
FAPE Requirements300.101 – 300.102
§ 300.101Free appropriate public education (FAPE).
§ 300.102Limitation—exception to FAPE for certain ages.
Other FAPE Requirements300.103 – 300.113
§ 300.103FAPE—methods and payments.
§ 300.104Residential placement
§ 300.105Assistive technology.
§ 300.106Extended school year services.
§ 300.107Nonacademic services.
§ 300.108Physical education.
§ 300.109Full educational opportunity goal (FEOG).
§ 300.110Program options.
§ 300.111Child find.
§ 300.112Individualized education programs (IEP).
§ 300.113Routine checking of hearing aids and external components of surgically implanted medical devices.
Least Restrictive Environment (LRE)300.114 – 300.120
§ 300.114LRE requirements.
§ 300.115Continuum of alternative placements.
§ 300.116Placements.
§ 300.117Nonacademic settings.
§ 300.118Children in public or private institutions.
§ 300.119Technical assistance and training activities.
§ 300.120Monitoring activities.
Additional Eligibility Requirements300.121 – 300.128
§ 300.121Procedural safeguards.
§ 300.122Evaluation.
§ 300.123Confidentiality of personally identifiable information.
§ 300.124Transition of children from the Part C program to preschool programs.
§§ 300.125-300.128 [Reserved]
Children in Private Schools300.129
§ 300.129State responsibility regarding children in private schools.
Children With Disabilities Enrolled by Their Parents in Private Schools300.130 – 300.144
§ 300.130Definition of parentally-placed private school children with disabilities.
§ 300.131Child find for parentally-placed private school children with disabilities.
§ 300.132Provision of services for parentally-placed private school children with disabilities—basic requirement.
§ 300.133Expenditures.
§ 300.134Consultation.
§ 300.135Written affirmation.
§ 300.136Compliance.
§ 300.137Equitable services determined.
§ 300.138Equitable services provided.
§ 300.139Location of services and transportation.
§ 300.140Due process complaints and State complaints.
§ 300.141Requirement that funds not benefit a private school.
§ 300.142Use of personnel.
§ 300.143Separate classes prohibited.
§ 300.144Property, equipment, and supplies.
Children With Disabilities in Private Schools Placed or Referred by Public Agencies300.145 – 300.147
§ 300.145Applicability of §§ 300.146 through 300.147.
§ 300.146Responsibility of SEA.
§ 300.147Implementation by SEA.
Children With Disabilities Enrolled by Their Parents in Private Schools When FAPE Is at Issue300.148
§ 300.148Placement of children by parents when FAPE is at issue.
SEA Responsibility for General Supervision and Implementation of Procedural Safeguards300.149 – 300.150
§ 300.149SEA responsibility for general supervision.
§ 300.150SEA implementation of procedural safeguards.
State Complaint Procedures300.151 – 300.153
§ 300.151Adoption of State complaint procedures.
§ 300.152Minimum State complaint procedures.
§ 300.153Filing a complaint.
Methods of Ensuring Services300.154
§ 300.154Methods of ensuring services.
Additional Eligibility Requirements300.155 – 300.166
§ 300.155Hearings relating to LEA eligibility.
§ 300.156Personnel qualifications.
§ 300.157Performance goals and indicators.
§§ 300.158-300.159 [Reserved]
§ 300.160Participation in assessments.
§ 300.161 [Reserved]
§ 300.162Supplementation of State, local, and other Federal funds.
§ 300.163Maintenance of State financial support.
§ 300.164Waiver of requirement regarding supplementing and not supplanting with Part B funds.
§ 300.165Public participation.
§ 300.166Rule of construction.
State Advisory Panel300.167 – 300.169
§ 300.167State advisory panel.
§ 300.168Membership.
§ 300.169Duties.
Other Provisions Required for State Eligibility300.170 – 300.177
§ 300.170Suspension and expulsion rates.
§ 300.171Annual description of use of Part B funds.
§ 300.172Access to instructional materials.
§ 300.173Overidentification and disproportionality.
§ 300.174Prohibition on mandatory medication.
§ 300.175SEA as provider of FAPE or direct services.
§ 300.176Exception for prior State plans.
§ 300.177States' sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities.
Department Procedures300.178 – 300.186
§ 300.178Determination by the Secretary that a State is eligible to receive a grant.
§ 300.179Notice and hearing before determining that a State is not eligible to receive a grant.
§ 300.180Hearing official or panel.
§ 300.181Hearing procedures.
§ 300.182Initial decision; final decision.
§ 300.183Filing requirements.
§ 300.184Judicial review.
§ 300.185 [Reserved]
§ 300.186Assistance under other Federal programs.
By-pass for Children in Private Schools300.190 – 300.198
§ 300.190By-pass—general.
§ 300.191Provisions for services under a by-pass.
§ 300.192Notice of intent to implement a by-pass.
§ 300.193Request to show cause.
§ 300.194Show cause hearing.
§ 300.195Decision.
§ 300.196Filing requirements.
§ 300.197Judicial review.
§ 300.198Continuation of a by-pass.
State Administration300.199
§ 300.199State administration.