[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR300.1] [Page 5-11] TITLE 34--EDUCATION CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 300_ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES--Table of Contents Subpart A_General Sec. 300.1 Purposes. -------------------------------------------------------------------- Part Page 300 Assistance to states for the education of children with disabilities.............. 7 301 Preschool grants for children with disabilities............................ 171 303 Early intervention program for infants and toddlers with disabilities.............. 175 304 Service obligations under special education--personnel development to improve services and results for children with disabilities (Eff. 06-05- 06)..................................... 216 350 Disability and rehabilitation research projects and centers program............ 220 356 Disability and rehabilitation research: Research fellowships.................... 235 359 Disability and rehabilitation research: Special projects and demonstrations for spinal cord injuries.................... 238 361 The State vocational rehabilitation services program................................. 241 363 The State supported employment services program................................. 306 364 State independent living services program and centers for independent living program: General provisions............. 312 365 State independent living services........... 331 366 Centers for independent living.............. 335 367 Independent living services for older individuals who are blind............... 354 369 Vocational rehabilitation service projects.. 361 370 Client assistance program................... 368 371 Vocational rehabilitation service projects for American Indians with disabilities.. 379 373 Special demonstration programs.............. 383 376 Special projects and demonstrations for providing transitional rehabilitation services to youth with disabilities..... 389 [[Page 6]] 377 Demonstration projects to increase client choice program.......................... 391 379 Projects with industry...................... 397 380 Special projects and demonstrations for providing supported employment services to individuals with the most severe disabilities and technical assistance projects................................ 407 381 Protection and advocacy of individual rights 412 385 Rehabilitation training..................... 417 386 Rehabilitation training: Rehabilitation long-term training...................... 424 387 Experimental and innovative training........ 431 388 State vocational rehabilitation unit in- service training........................ 432 389 Rehabilitation continuing education programs 435 390 Rehabilitation short-term training.......... 437 395 Vending facility program for the blind on Federal and other property.............. 439 396 Training of interpreters for individuals who are deaf and individuals who are deaf- blind................................... 454 397-399 [Reserved] [[Page 7]] Subpart A_General Purposes, Applicability, and Regulations That Apply to This Program Sec. 300.1 Purposes. 300.2 Applicability of this part to State, local, and private agencies. 300.3 Regulations that apply. Definitions Used in This Part 300.4 Act. 300.5 Assistive technology device. 300.6 Assistive technology service. 300.7 Child with a disability. 300.8 Consent. 300.9 Day; business day; school day. 300.10 Educational service agency. 300.11 Equipment. 300.12 Evaluation. 300.13 Free appropriate public education. 300.14 Include. 300.15 Individualized education program. 300.16 Individualized education program team. 300.17 Individualized family service plan. 300.18 Local educational agency. 300.19 Native language. 300.20 Parent. 300.21 Personally identifiable. 300.22 Public agency. 300.23 Qualified personnel. 300.24 Related services. 300.25 Secondary school. 300.26 Special education. 300.27 State. 300.28 Supplementary aids and services. 300.29 Transition services. 300.30 Definitions in EDGAR. Subpart B_State and Local Eligibility State Eligibility--General 300.110 Condition of assistance. 300.111 Exception for prior State policies and procedures on file with the Secretary. 300.112 Amendments to State policies and procedures. 300.113 Approval by the Secretary. 300.114-300.120 [Reserved] State Eligibility--Specific Conditions 300.121 Free appropriate public education (FAPE). 300.122 Exception to FAPE for certain ages. 300.123 Full educational opportunity goal (FEOG). 300.124 FEOG--timetable. 300.125 Child find. 300.126 Procedures for evaluation and determination of eligibility. 300.127 Confidentiality of personally identifiable information. 300.128 Individualized education programs. 300.129 Procedural safeguards. 300.130 Least restrictive environment. 300.131 [Reserved] 300.132 Transition of children from Part C to preschool programs. 300.133 Children in private schools. 300.134 [Reserved] 300.135 Comprehensive system of personnel development. 300.136 Personnel standards. 300.137 Performance goals and indicators. 300.138 Participation in assessments. 300.139 Reports relating to assessments. 300.140 [Reserved] 300.141 SEA responsibility for general supervision. 300.142 Methods of ensuring services. 300.143 SEA implementation of procedural safeguards. 300.144 Hearings relating to LEA eligibility. 300.145 Recovery of funds for misclassified children. 300.146 Suspension and expulsion rates. 300.147 Additional information if SEA provides direct services. 300.148 Public participation. 300.149 [Reserved] 300.150 State advisory panel. 300.151 [Reserved] 300.152 Prohibition against commingling. 300.153 State-level nonsupplanting. 300.154 Maintenance of State financial support. 300.155 Policies and procedures for use of Part B funds. 300.156 Annual description of use of Part B funds. LEA and State Agency Eligibility--General 300.180 Condition of assistance. 300.181 Exception for prior LEA or State agency policies and procedures on file with the SEA. 300.182 Amendments to LEA policies and procedures. 300.183 [Reserved] 300.184 Excess cost requirement. 300.185 Meeting the excess cost requirement. 300.186-300.189 [Reserved] 300.190 Joint establishment of eligibility. 300.191 [Reserved] 300.192 Requirements for establishing eligibility. 300.193 [Reserved] 300.194 State agency eligibility. 300.195 [Reserved] 300.196 Notification of LEA or State agency in case of ineligibility. 300.197 LEA and State agency compliance. [[Page 8]] LEA and State Agency Eligibility--Specific Conditions 300.220 Consistency with State policies. 300.221 Implementation of CSPD. 300.222-300.229 [Reserved] 300.230 Use of amounts. 300.231 Maintenance of effort. 300.232 Exception to maintenance of effort. 300.233 Treatment of Federal funds in certain fiscal years. 300.234 Schoolwide programs under title I of the ESEA. 300.235 Permissive use of funds. 300.236-300.239 [Reserved] 300.240 Information for SEA. 300.241 Treatment of charter schools and their students. 300.242 Public information. 300.243 [Reserved] 300.244 Coordinated services system. School-Based Improvement Plan 300.245 School-based improvement plan. 300.246 Plan requirements. 300.247 Responsibilities of the LEA. 300.248 Limitation. 300.249 Additional requirements. 300.250 Extension of plan. Secretary of the Interior--Eligibility 300.260 Submission of information. 300.261 Public participation. 300.262 Use of Part B funds. 300.263 Plan for coordination of services. 300.264 Definitions. 300.265 Establishment of advisory board. 300.266 Annual report by advisory board. 300.267 Applicable regulations. Public Participation 300.280 Public hearings before adopting State policies and procedures. 300.281 Notice. 300.282 Opportunity to participate; comment period. 300.283 Review of public comments before adopting policies and procedures. 300.284 Publication and availability of approved policies and procedures. Subpart C_Services Free Appropriate Public Education 300.300 Provision of FAPE. 300.301 FAPE--methods and payments. 300.302 Residential placement. 300.303 Proper functioning of hearing aids. 300.304 Full educational opportunity goal. 300.305 Program options. 300.306 Nonacademic services. 300.307 Physical education. 300.308 Assistive technology. 300.309 Extended school year services. 300.310 [Reserved] 300.311 FAPE requirements for students with disabilities in adult prisons. 300.312 Children with disabilities in public charter schools. 300.313 Children experiencing developmental delays. Evaluations and Reevaluations 300.320 Initial evaluations. 300.321 Reevaluations. 300.322-300.324 [Reserved] Individualized Education Programs 300.340 Definitions related to IEPs. 300.341 Responsibility of SEA and other public agencies for IEPs. 300.342 When IEPs must be in effect. 300.343 IEP meetings. 300.344 IEP team. 300.345 Parent participation. 300.346 Development, review, and revision of IEP. 300.347 Content of IEP. 300.348 Agency responsibilities for transition services. 300.349 Private school placements by public agencies. 300.350 IEPs--accountability. Direct Services by the Sea 300.360 Use of LEA allocation for direct services. 300.361 Nature and location of services. 300.362-300.369 [Reserved] 300.370 Use of SEA allocations. 300.371 [Reserved] 300.372 Nonapplicability of requirements that prohibit commingling and supplanting of funds. Comprehensive System of Personnel Development (CSPD) 300.380 General CSPD requirements. 300.381 Adequate supply of qualified personnel. 300.382 Improvement strategies. 300.383-300.387 [Reserved] Subpart D_Children in Private Schools Children With Disabilities in Private Schools Placed or Referred by Public Agencies 300.400 Applicability of Sec. Sec. 300.400-300.402. 300.401 Responsibility of State educational agency. 300.402 Implementation by State educational agency. Children With Disabilities Enrolled by Their Parents in Private Schools When FAPE is at Issue 300.403 Placement of children by parents if FAPE is at issue. [[Page 9]] Children With Disabilities Enrolled by Their Parents in Private Schools 300.450 Definition of ``private school children with disabilities.'' 300.451 Child find for private school children with disabilities. 300.452 Provision of services--basic requirement. 300.453 Expenditures. 300.454 Services determined. 300.455 Services provided. 300.456 Location of services; transportation. 300.457 Complaints. 300.458 Separate classes prohibited. 300.459 Requirement that funds not benefit a private school. 300.460 Use of public school personnel. 300.461 Use of private school personnel. 300.462 Requirements concerning property, equipment, and supplies for the benefit of private school children with disabilities. Procedures for By-Pass 300.480 By-pass--general. 300.481 Provisions for services under a by-pass. 300.482 Notice of intent to implement a by-pass. 300.483 Request to show cause. 300.484 Show cause hearing. 300.485 Decision. 300.486 Filing requirements. 300.487 Judicial review. Subpart E_Procedural Safeguards Due Process Procedures for Parents and Children 300.500 General responsibility of public agencies; definitions. 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 Parental consent. 300.506 Mediation. 300.507 Impartial due process hearing; parent notice. 300.508 Impartial hearing officer. 300.509 Hearing rights. 300.510 Finality of decision; appeal; impartial review. 300.511 Timelines and convenience of hearings and reviews. 300.512 Civil action. 300.513 Attorneys' fees. 300.514 Child's status during proceedings. 300.515 Surrogate parents. 300.516 [Reserved] 300.517 Transfer of parental rights at age of majority. Discipline Procedures 300.519 Change of placement for disciplinary removals. 300.520 Authority of school personnel. 300.521 Authority of hearing officer. 300.522 Determination of setting. 300.523 Manifestation determination review. 300.524 Determination that behavior was not manifestation of disability. 300.525 Parent appeal. 300.526 Placement during appeals. 300.527 Protections for children not yet eligible for special education and related services. 300.528 Expedited due process hearings. 300.529 Referral to and action by law enforcement and judicial authorities. Procedures for Evaluation and Determination of Eligibility 300.530 General. 300.531 Initial evaluation. 300.532 Evaluation procedures. 300.533 Determination of needed evaluation data. 300.534 Determination of eligibility. 300.535 Procedures for determining eligibility and placement. 300.536 Reevaluation. Additional Procedures for Evaluating Children With Specific Learning Disabilities 300.540 Additional team members. 300.541 Criteria for determining the existence of a specific learning disability. 300.542 Observation. 300.543 Written report. Least Restrictive Environment (LRE) 300.550 General LRE requirements. 300.551 Continuum of alternative placements. 300.552 Placements. 300.553 Nonacademic settings. 300.554 Children in public or private institutions. 300.555 Technical assistance and training activities. 300.556 Monitoring activities. Confidentiality of Information 300.560 Definitions. 300.561 Notice to parents. 300.562 Access rights. 300.563 Record of access. 300.564 Records on more than one child. 300.565 List of types and locations of information. 300.566 Fees. 300.567 Amendment of records at parent's request. 300.568 Opportunity for a hearing. 300.569 Result of hearing. 300.570 Hearing procedures. [[Page 10]] 300.571 Consent. 300.572 Safeguards. 300.573 Destruction of information. 300.574 Children's rights. 300.575 Enforcement. 300.576 Disciplinary information. 300.577 Department use of personally identifiable information. Department Procedures 300.580 Determination by the Secretary that a State is eligible. 300.581 Notice and hearing before determining that a State is not eligible. 300.582 Hearing official or panel. 300.583 Hearing procedures. 300.584 Initial decision; final decision. 300.585 Filing requirements. 300.586 Judicial review. 300.587 Enforcement. 300.588 [Reserved] 300.589 Waiver of requirement regarding supplementing and not supplanting with Part B funds. Subpart F_State Administration General 300.600 Responsibility for all educational programs. 300.601 Relation of Part B to other Federal programs. 300.602 State-level activities. Use of Funds 300.620 Use of funds for State administration. 300.621 Allowable costs. 300.622 Subgrants to LEAs for capacity-building and improvement. 300.623 Amount required for subgrants to LEAs. 300.624 State discretion in awarding subgrants. State Advisory Panel 300.650 Establishment of advisory panels. 300.651 Membership. 300.652 Advisory panel functions. 300.653 Advisory panel procedures. State Complaint Procedures 300.660 Adoption of State complaint procedures. 300.661 Minimum State complaint procedures. 300.662 Filing a complaint. Subpart G_Allocation of Funds; Reports Allocations 300.700 Special definition of the term ``State.'' 300.701 Grants to States. 300.702 Definition. 300.703 Allocations to States. 300.704-300.705 [Reserved] 300.706 Permanent formula. 300.707 Increase in funds. 300.708 Limitation. 300.709 Decrease in funds. 300.710 Allocation for State in which by-pass is implemented for private school children with disabilities. 300.711 Subgrants to LEAs. 300.712 Allocations to LEAs. 300.713 Former Chapter 1 State agencies. 300.714 Reallocation of LEA funds. 300.715 Payments to the Secretary of the Interior for the education of Indian children. 300.716 Payments for education and services for Indian children with disabilities aged 3 through 5. 300.717 Outlying areas and freely associated States. 300.718 Outlying area--definition. 300.719 Limitation for freely associated States. 300.720 Special rule. 300.721 [Reserved] 300.722 Definition. Reports 300.750 Annual report of children served--report requirement. 300.751 Annual report of children served--information required in the report. 300.752 Annual report of children served--certification. 300.753 Annual report of children served--criteria for counting children. 300.754 Annual report of children served--other responsibilities of the SEA. 300.755 Disproportionality. 300.756 Acquisition of equipment; construction or alteration of facilities. Appendix A to Part 300--Notice of Interpretation Appendix B to Part 300--Index for IDEA--Part B Regulations Appendix C to Part 300--Implementation of the 20 Percent Rule Under Sec. 300.233 Authority: 20 U.S.C. 1411-1420, unless otherwise noted. Source: 64 FR 12418, Mar. 12, 1999, unless otherwise noted. Purposes, Applicability, and Regulations That Apply to This Program The purposes of this part are-- (a) To ensure that all children with disabilities have available to them a free appropriate public education that [[Page 11]] emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living; (b) To ensure that the rights of children with disabilities and their parents are protected; (c) To assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities; and (d) To assess and ensure the effectiveness of efforts to educate children with disabilities. (Authority: 20 U.S.C. 1400 note)