34 CFR Part 300
PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
- PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
- Subtitle B—Regulations of the Offices of the Department of Education › Chapter III—Office of Special Education and Rehabilitative Services, Department of Education
- Subpart A—General
- Purposes and Applicability
- § 300.1 Purposes.
- § 300.2 Applicability of this part to State and local agencies.
- Definitions Used in This Part
- § 300.4 Act.
- § 300.5 Assistive technology device.
- § 300.6 Assistive technology service.
- § 300.7 Charter school.
- § 300.8 Child with a disability.
- § 300.9 Consent.
- § 300.10 [Reserved]
- § 300.11 Day; business day; school day.
- § 300.12 Educational service agency.
- § 300.13 Elementary school.
- § 300.14 Equipment.
- § 300.15 Evaluation.
- § 300.16 Excess costs.
- § 300.17 Free appropriate public education.
- § 300.18 [Reserved]
- § 300.19 Homeless children.
- § 300.20 Include.
- § 300.21 Indian and Indian tribe.
- § 300.22 Individualized education program.
- § 300.23 Individualized education program team.
- § 300.24 Individualized family service plan.
- § 300.25 Infant or toddler with a disability.
- § 300.26 Institution of higher education.
- § 300.27 Limited English proficient.
- § 300.28 Local educational agency.
- § 300.29 Native language.
- § 300.30 Parent.
- § 300.31 Parent training and information center.
- § 300.32 Personally identifiable.
- § 300.33 Public agency.
- § 300.34 Related services.
- § 300.35 [Reserved]
- § 300.36 Secondary school.
- § 300.37 Services plan.
- § 300.38 Secretary.
- § 300.39 Special education.
- § 300.40 State.
- § 300.41 State educational agency.
- § 300.42 Supplementary aids and services.
- § 300.43 Transition services.
- § 300.44 Universal design.
- § 300.45 Ward of the State.
- Subpart B—State Eligibility
- General
- § 300.100 Eligibility for assistance.
- FAPE Requirements
- § 300.101 Free appropriate public education (FAPE).
- § 300.102 Limitation—exception to FAPE for certain ages.
- Other FAPE Requirements
- § 300.103 FAPE—methods and payments.
- § 300.104 Residential placement
- § 300.105 Assistive technology.
- § 300.106 Extended school year services.
- § 300.107 Nonacademic services.
- § 300.108 Physical education.
- § 300.109 Full educational opportunity goal (FEOG).
- § 300.110 Program options.
- § 300.111 Child find.
- § 300.112 Individualized education programs (IEP).
- § 300.113 Routine checking of hearing aids and external components of surgically implanted medical devices.
- Least Restrictive Environment (LRE)
- § 300.114 LRE requirements.
- § 300.115 Continuum of alternative placements.
- § 300.116 Placements.
- § 300.117 Nonacademic settings.
- § 300.118 Children in public or private institutions.
- § 300.119 Technical assistance and training activities.
- § 300.120 Monitoring activities.
- Additional Eligibility Requirements
- § 300.121 Procedural safeguards.
- § 300.122 Evaluation.
- § 300.123 Confidentiality of personally identifiable information.
- § 300.124 Transition of children from the Part C program to preschool programs.
- §§ 300.125-300.128 [Reserved]
- Children in Private Schools
- § 300.129 State responsibility regarding children in private schools.
- Children With Disabilities Enrolled by Their Parents in Private Schools
- § 300.130 Definition of parentally-placed private school children with disabilities.
- § 300.131 Child find for parentally-placed private school children with disabilities.
- § 300.132 Provision of services for parentally-placed private school children with disabilities—basic requirement.
- § 300.133 Expenditures.
- § 300.134 Consultation.
- § 300.135 Written affirmation.
- § 300.136 Compliance.
- § 300.137 Equitable services determined.
- § 300.138 Equitable services provided.
- § 300.139 Location of services and transportation.
- § 300.140 Due process complaints and State complaints.
- § 300.141 Requirement that funds not benefit a private school.
- § 300.142 Use of personnel.
- § 300.143 Separate classes prohibited.
- § 300.144 Property, equipment, and supplies.
- Children With Disabilities in Private Schools Placed or Referred by Public Agencies
- § 300.145 Applicability of §§ 300.146 through 300.147.
- § 300.146 Responsibility of SEA.
- § 300.147 Implementation by SEA.
- Children With Disabilities Enrolled by Their Parents in Private Schools When FAPE Is at Issue
- § 300.148 Placement of children by parents when FAPE is at issue.
- SEA Responsibility for General Supervision and Implementation of Procedural Safeguards
- § 300.149 SEA responsibility for general supervision.
- § 300.150 SEA implementation of procedural safeguards.
- State Complaint Procedures
- § 300.151 Adoption of State complaint procedures.
- § 300.152 Minimum State complaint procedures.
- § 300.153 Filing a complaint.
- Methods of Ensuring Services
- § 300.154 Methods of ensuring services.
- Additional Eligibility Requirements
- § 300.155 Hearings relating to LEA eligibility.
- § 300.156 Personnel qualifications.
- § 300.157 Performance goals and indicators.
- §§ 300.158-300.159 [Reserved]
- § 300.160 Participation in assessments.
- § 300.161 [Reserved]
- § 300.162 Supplementation of State, local, and other Federal funds.
- § 300.163 Maintenance of State financial support.
- § 300.164 Waiver of requirement regarding supplementing and not supplanting with Part B funds.
- § 300.165 Public participation.
- § 300.166 Rule of construction.
- State Advisory Panel
- § 300.167 State advisory panel.
- § 300.168 Membership.
- § 300.169 Duties.
- Other Provisions Required for State Eligibility
- § 300.170 Suspension and expulsion rates.
- § 300.171 Annual description of use of Part B funds.
- § 300.172 Access to instructional materials.
- § 300.173 Overidentification and disproportionality.
- § 300.174 Prohibition on mandatory medication.
- § 300.175 SEA as provider of FAPE or direct services.
- § 300.176 Exception for prior State plans.
- § 300.177 States' sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities.
- Department Procedures
- § 300.178 Determination by the Secretary that a State is eligible to receive a grant.
- § 300.179 Notice and hearing before determining that a State is not eligible to receive a grant.
- § 300.180 Hearing official or panel.
- § 300.181 Hearing procedures.
- § 300.182 Initial decision; final decision.
- § 300.183 Filing requirements.
- § 300.184 Judicial review.
- § 300.185 [Reserved]
- § 300.186 Assistance under other Federal programs.
- By-pass for Children in Private Schools
- § 300.190 By-pass—general.
- § 300.191 Provisions for services under a by-pass.
- § 300.192 Notice of intent to implement a by-pass.
- § 300.193 Request to show cause.
- § 300.194 Show cause hearing.
- § 300.195 Decision.
- § 300.196 Filing requirements.
- § 300.197 Judicial review.
- § 300.198 Continuation of a by-pass.
- State Administration
- § 300.199 State administration.
- Subpart C—Local Educational Agency Eligibility
- § 300.200 Condition of assistance.
- § 300.201 Consistency with State policies.
- § 300.202 Use of amounts.
- § 300.203 Maintenance of effort.
- § 300.204 Exception to maintenance of effort.
- § 300.205 Adjustment to local fiscal efforts in certain fiscal years.
- § 300.206 Schoolwide programs under title I of the ESEA.
- § 300.207 Personnel development.
- § 300.208 Permissive use of funds.
- § 300.209 Treatment of charter schools and their students.
- § 300.210 Purchase of instructional materials.
- § 300.211 Information for SEA.
- § 300.212 Public information.
- § 300.213 Records regarding migratory children with disabilities.
- §§ 300.214-300.219 [Reserved]
- § 300.220 Exception for prior local plans.
- § 300.221 Notification of LEA or State agency in case of ineligibility.
- § 300.222 LEA and State agency compliance.
- § 300.223 Joint establishment of eligibility.
- § 300.224 Requirements for establishing eligibility.
- § 300.225 [Reserved]
- § 300.226 Early intervening services.
- § 300.227 Direct services by the SEA.
- § 300.228 State agency eligibility.
- § 300.229 Disciplinary information.
- § 300.230 SEA flexibility.
- Subpart D—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
- Parental Consent
- § 300.300 Parental consent.
- Evaluations and Reevaluations
- § 300.301 Initial evaluations.
- § 300.302 Screening for instructional purposes is not evaluation.
- § 300.303 Reevaluations.
- § 300.304 Evaluation procedures.
- § 300.305 Additional requirements for evaluations and reevaluations.
- § 300.306 Determination of eligibility.
- Additional Procedures for Identifying Children With Specific Learning Disabilities
- § 300.307 Specific learning disabilities.
- § 300.308 Additional group members.
- § 300.309 Determining the existence of a specific learning disability.
- § 300.310 Observation.
- § 300.311 Specific documentation for the eligibility determination.
- Individualized Education Programs
- § 300.320 Definition of individualized education program.
- § 300.321 IEP Team.
- § 300.322 Parent participation.
- § 300.323 When IEPs must be in effect.
- Development of IEP
- § 300.324 Development, review, and revision of IEP.
- § 300.325 Private school placements by public agencies.
- § 300.326 [Reserved]
- § 300.327 Educational placements.
- § 300.328 Alternative means of meeting participation.
- Subpart E—Procedural Safeguards Due Process Procedures for Parents and Children
- § 300.500 Responsibility of SEA and other public agencies.
- § 300.501 Opportunity to examine records; parent participation in meetings.
- § 300.502 Independent educational evaluation.
- § 300.503 Prior notice by the public agency; content of notice.
- § 300.504 Procedural safeguards notice.
- § 300.505 Electronic mail.
- § 300.506 Mediation.
- § 300.507 Filing a due process complaint.
- § 300.508 Due process complaint.
- § 300.509 Model forms.
- § 300.510 Resolution process.
- § 300.511 Impartial due process hearing.
- § 300.512 Hearing rights.
- § 300.513 Hearing decisions.
- § 300.514 Finality of decision; appeal; impartial review.
- § 300.515 Timelines and convenience of hearings and reviews.
- § 300.516 Civil action.
- § 300.517 Attorneys' fees.
- § 300.518 Child's status during proceedings.
- § 300.519 Surrogate parents.
- § 300.520 Transfer of parental rights at age of majority.
- §§ 300.521-300.529 [Reserved]
- Discipline Procedures
- § 300.530 Authority of school personnel.
- § 300.531 Determination of setting.
- § 300.532 Appeal.
- § 300.533 Placement during appeals.
- § 300.534 Protections for children not determined eligible for special education and related services.
- § 300.535 Referral to and action by law enforcement and judicial authorities.
- § 300.536 Change of placement because of disciplinary removals.
- § 300.537 State enforcement mechanisms.
- §§ 300.538-300.599 [Reserved]
- Subpart F—Monitoring, Enforcement, Confidentiality, and Program Information
- Monitoring, Technical Assistance, and Enforcement
- § 300.600 State monitoring and enforcement.
- § 300.601 State performance plans and data collection.
- § 300.602 State use of targets and reporting.
- § 300.603 Secretary's review and determination regarding State performance.
- § 300.604 Enforcement.
- § 300.605 Withholding funds.
- § 300.606 Public attention.
- § 300.607 Divided State agency responsibility.
- § 300.608 State enforcement.
- § 300.609 Rule of construction.
- Confidentiality of Information
- § 300.610 Confidentiality.
- § 300.611 Definitions.
- § 300.612 Notice to parents.
- § 300.613 Access rights.
- § 300.614 Record of access.
- § 300.615 Records on more than one child.
- § 300.616 List of types and locations of information.
- § 300.617 Fees.
- § 300.618 Amendment of records at parent's request.
- § 300.619 Opportunity for a hearing.
- § 300.620 Result of hearing.
- § 300.621 Hearing procedures.
- § 300.622 Consent.
- § 300.623 Safeguards.
- § 300.624 Destruction of information.
- § 300.625 Children's rights.
- § 300.626 Enforcement.
- § 300.627 Department use of personally identifiable information.
- Reports—Program Information
- § 300.640 Annual report of children served—report requirement.
- § 300.641 Annual report of children served—information required in the report.
- § 300.642 Data reporting.
- § 300.643 Annual report of children served—certification.
- § 300.644 Annual report of children served—criteria for counting children.
- § 300.645 Annual report of children served—other responsibilities of the SEA.
- § 300.646 Disproportionality.
- § 300.647 Determining significant disproportionality.
- Subpart G—Authorization, Allotment, Use of Funds, and Authorization of Appropriations
- Allotments, Grants, and Use of Funds
- § 300.700 Grants to States.
- § 300.701 Outlying areas, freely associated States, and the Secretary of the Interior.
- § 300.702 Technical assistance.
- § 300.703 Allocations to States.
- § 300.704 State-level activities.
- § 300.705 Subgrants to LEAs.
- § 300.706 [Reserved]
- Secretary of the Interior
- § 300.707 Use of amounts by Secretary of the Interior.
- § 300.708 Submission of information.
- § 300.709 Public participation.
- § 300.710 Use of funds under Part B of the Act.
- § 300.711 Early intervening services.
- § 300.712 Payments for education and services for Indian children with disabilities aged three through five.
- § 300.713 Plan for coordination of services.
- § 300.714 Establishment of advisory board.
- § 300.715 Annual reports.
- § 300.716 Applicable regulations.
- Definitions that Apply to this Subpart
- § 300.717 Definitions applicable to allotments, grants, and use of funds.
- Acquisition of Equipment and Construction or Alteration of Facilities
- § 300.718 Acquisition of equipment and construction or alteration of facilities.
- Subpart H—Preschool Grants for Children with Disabilities
- § 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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