2005 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 and local agencies.
	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	Core academic subjects.
	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	Highly qualified special education teachers.
	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	Scientifically based research.
	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.
	300.100	Eligibility for assistance.
	300.101	Free appropriate public education (FAPE).
	300.102	Limitation--exception to FAPE for certain ages.
	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.
	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.
	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.
	300.129	State responsibility regarding children 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.
	300.145	Applicability of 300.146 through 300.147.
	300.146	Responsibility of SEA.
	300.147	Implementation by SEA.
	300.148	Placement of children by parents when FAPE is at issue.
	300.149	SEA responsibility for general supervision.
	300.150	SEA implementation of procedural safeguards.
	300.151	Adoption of State complaint procedures.
	300.152	Minimum State complaint procedures.
	300.153	Filing a complaint.
	300.154	Methods of ensuring services.
	300.155	Hearings relating to LEA eligibility.
	300.156	Personnel qualifications.
	300.157	Performance goals and indicators.
	300.160	Participation in assessments.
	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.
	300.167	State advisory panel.
	300.168	Membership.
	300.169	Duties.
	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.
	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.
	300.186	Assistance under other Federal programs.
	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.
	300.199	State administration.
	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.
	300.220	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.
	300.226	Early intervening services.
	300.227	Direct services by the SEA.
	300.228	State agency eligibility.
	300.229	Disciplinary information.
	300.230	SEA flexibility.
	300.300	Parental consent.
	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.
	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.
	300.320	Definition of individualized education program.
	300.321	IEP Team.
	300.322	Parent participation.
	300.323	When IEPs must be in effect.
	300.324	Development, review, and revision of IEP.
	300.325	Private school placements by public agencies.
	300.327	Educational placements.
	300.328	Alternative means of meeting participation.
	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.
	300.530	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.
	300.600	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.
	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.
	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.
	300.700	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.
	300.707	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.
	300.717	Definitions applicable to allotments, grants, and use of funds.
	300.718	Acquisition of equipment and construction or alteration of facilities.
	300.800	In general.
	300.803	Definition of State.
	300.804	Eligibility.
	300.806	Eligibility for financial assistance.
	300.807	Allocations to States.
	300.808	Increase in funds.
	300.809	Limitations.
	300.810	Decrease in funds.
	300.812	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.