[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: 34CFR300.138] [Page 26] 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 B_State and Local Eligibility Sec. 300.138 Participation in assessments. The State must have on file with the Secretary information to demonstrate that-- (a) Children with disabilities are included in general State and district-wide assessment programs, with appropriate accommodations and modifications in administration, if necessary; (b) As appropriate, the State or LEA-- (1) Develops guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in State and district-wide assessment programs; (2) Develops alternate assessments in accordance with paragraph (b)(1) of this section; and (3) Beginning not later than, July 1, 2000, conducts the alternate assessments described in paragraph (b)(2) of this section. (Authority: 20 U.S.C. 1412(a)(17)(A))