2001 CFR Title 34, Volume 2

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
	300.1	Purposes.
	300.2	Applicability of this part to State, local, and private agencies.
	300.3	Regulations that apply.
	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.
	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.
	300.121	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.
	300.132	Transition of children from Part C to preschool programs.
	300.133	Children in private schools.
	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.
	300.141	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.
	300.150	State advisory panel.
	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.
	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.
	300.184	Excess cost requirement.
	300.185	Meeting the excess cost requirement.
	300.190	Joint establishment of eligibility.
	300.192	Requirements for establishing eligibility.
	300.194	State agency eligibility.
	300.196	Notification of LEA or State agency in case of ineligibility.
	300.197	LEA and State agency compliance.
	300.220	Consistency with State policies.
	300.221	Implementation of CSPD.
	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.
	300.240	Information for SEA.
	300.241	Treatment of charter schools and their students.
	300.242	Public information.
	300.244	Coordinated services system.
	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.
	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.
	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.
	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.
	300.311	FAPE requirements for students with disabilities in adult prisons.
	300.312	Children with disabilities in public charter schools.
	300.313	Children experiencing developmental delays.
	300.320	Initial evaluations.
	300.321	Reevaluations.
	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	IEP--accountability.
	300.360	Use of LEA allocation for direct services.
	300.361	Nature and location of services.
	300.370	Use of SEA allocations.
	300.372	Nonapplicability of requirements that prohibit commingling and supplanting of funds.
	300.380	General CSPD requirements.
	300.381	Adequate supply of qualified personnel.
	300.382	Improvement strategies.
	300.400	Applicability of 300.400-300.402.
	300.401	Responsibility of State educational agency.
	300.402	Implementation by State educational agency.
	300.403	Placement of children by parents if FAPE is at issue.
	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.
	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.
	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.
	300.517	Transfer of parental rights at age of majority.
	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.
	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.
	300.540	Additional team members.
	300.541	Criteria for determining the existence of a specific learning disability.
	300.542	Observation.
	300.543	Written report.
	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.
	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.
	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.
	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.
	300.589	Waiver of requirement regarding supplementing and not supplanting with Part B funds.
	300.600	Responsibility for all educational programs.
	300.601	Relation of Part B to other Federal programs.
	300.602	State-level activities.
	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.
	300.650	Establishment of advisory panels.
	300.651	Membership.
	300.652	Advisory panel functions.
	300.653	Advisory panel procedures.
	300.660	Adoption of State complaint procedures.
	300.661	Minimum State complaint procedures.
	300.662	Filing a complaint.
	300.700	Special definition of the term ``State''.
	300.701	Grants to States.
	300.702	Definition.
	300.703	Allocations to States.
	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.
	300.722	Definition.
	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.