Subpart B--State Eligibility

Sec. 300.100 Eligibility for assistance.

A State is eligible for assistance under Part B of the Act for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets the conditions in Sec. Sec. 300.101 through 300.176.

Sec. 300.101 Free appropriate public education (FAPE).

Sec. 300.102 Limitation--exception to FAPE for certain ages.

Sec. 300.103 FAPE--methods and payments.

Sec. 300.104 Residential placement.

If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, must be at no cost to the parents of the child.

Sec. 300.105 Assistive technology.

Sec. 300.106 Extended school year services.

Sec. 300.107 Nonacademic services.

The State must ensure the following:

Sec. 300.108 Physical education.

The State must ensure that public agencies in the State comply with the following:

Sec. 300.109 Full educational opportunity goal (FEOG).

The State must have in effect policies and procedures to demonstrate that the State has established a goal of providing full educational opportunity to all children with disabilities, aged birth through 21, and a detailed timetable for accomplishing that goal.

Sec. 300.110 Program options.

The State must ensure that each public agency takes steps to ensure that its children with disabilities have available to them the variety of educational programs and services available to nondisabled children in the area served by the agency, including art, music, industrial arts, consumer and homemaking education, and vocational education.

Sec. 300.111 Child find.

Sec. 300.112 Individualized education programs (IEP).

The State must ensure that an IEP, or an IFSP that meets the requirements of section 636(d) of the Act, is developed, reviewed, and revised for each child with a disability in accordance with Sec. Sec. 300.320 through 300.324, except as provided in Sec. 300.300(b)(3)(ii).

Sec. 300.113 Routine checking of hearing aids and external components of surgically implanted medical devices.

Sec. 300.114 LRE requirements.

Sec. 300.115 Continuum of alternative placements.

Sec. 300.116 Placements.

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that--

Sec. 300.117 Nonacademic settings.

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in Sec. 300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child's IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.

Sec. 300.118 Children in public or private institutions.

Except as provided in Sec. 300.149(d) (regarding agency responsibility for general supervision for some individuals in adult prisons), an SEA must ensure that Sec. 300.114 is effectively implemented, including, if necessary, making arrangements with public and private institutions (such as a memorandum of agreement or special implementation procedures).

Sec. 300.119 Technical assistance and training activities.

Each SEA must carry out activities to ensure that teachers and administrators in all public agencies--

Sec. 300.120 Monitoring activities.

Sec. 300.121 Procedural safeguards.

Sec. 300.122 Evaluation.

Children with disabilities must be evaluated in accordance with Sec. Sec. 300.300 through 300.311 of subpart D of this part.

Sec. 300.123 Confidentiality of personally identifiable information.

The State must have policies and procedures in effect to ensure that public agencies in the State comply with Sec. Sec. 300.610 through 300.626 related to protecting the confidentiality of any personally identifiable information collected, used, or maintained under Part B of the Act.

Sec. 300.124 Transition of children from the Part C program to preschool programs.

The State must have in effect policies and procedures to ensure that--

Sec. 300.129 State responsibility regarding children in private schools.

The State must have in effect policies and procedures that ensure that LEAs, and, if applicable, the SEA, meet the private school requirements in Sec. Sec. 300.130 through 300.148.

Sec. 300.130 Definition of parentally-placed private school children with disabilities.

Parentally-placed private school children with disabilities means children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary school in Sec. 300.13 or secondary school in Sec. 300.36, other than children with disabilities covered under Sec. Sec. 300.145 through 300.147.

Sec. 300.131 Child find for parentally-placed private school children with disabilities.

Sec. 300.132 Provision of services for parentally-placed private school children with disabilities--basic requirement.

Sec. 300.133 Expenditures.

Sec. 300.134 Consultation.

To ensure timely and meaningful consultation, an LEA, or, if appropriate, an SEA, must consult with private school representatives and representatives of parents of parentally-placed private school children with disabilities during the design and development of special education and related services for the children regarding the following:

Sec. 300.135 Written affirmation.

Sec. 300.136 Compliance.

Sec. 300.137 Equitable services determined.

Sec. 300.138 Equitable services provided.

Sec. 300.139 Location of services and transportation.

Sec. 300.140 Due process complaints and State complaints.

Sec. 300.141 Requirement that funds not benefit a private school.

Sec. 300.142 Use of personnel.

Sec. 300.143 Separate classes prohibited.

An LEA may not use funds available under section 611 or 619 of the Act for classes that are organized separately on the basis of school enrollment or religion of the children if-

Sec. 300.144 Property, equipment, and supplies.

Sec. 300.145 Applicability of Sec. Sec. 300.146 through 300.147.

Sections 300.146 through 300.147 apply only to children with disabilities who are or have been placed in or referred to a private school or facility by a public agency as a means of providing special education and related services.

Sec. 300.146 Responsibility of SEA.

Each SEA must ensure that a child with a disability who is placed in or referred to a private school or facility by a public agency--

Sec. 300.147 Implementation by SEA.

In implementing Sec. 300.146, the SEA must--

Sec. 300.148 Placement of children by parents when FAPE is at issue.

Sec. 300.149 SEA responsibility for general supervision.

Sec. 300.150 SEA implementation of procedural safeguards.

The SEA (and any agency assigned responsibility pursuant to Sec. 300.149(d)) must have in effect procedures to inform each public agency of its responsibility for ensuring effective implementation of procedural safeguards for the children with disabilities served by that public agency.

Sec. 300.151 Adoption of State complaint procedures.

Sec. 300.152 Minimum State complaint procedures.

Sec. 300.153 Filing a complaint.

Sec. 300.154 Methods of ensuring services.

Sec. 300.155 Hearings relating to LEA eligibility.

The SEA must not make any final determination that an LEA is not eligible for assistance under Part B of the Act without first giving the LEA reasonable notice and an opportunity for a hearing under 34 CFR 76.401(d).

Sec. 300.156 Personnel qualifications.

Sec. 300.157 Performance goals and indicators.

The State must--

Sec. 300.160 Participation in assessments.

Sec. 300.162 Supplementation of State, local, and other Federal funds.

Sec. 300.163 Maintenance of State financial support.

Sec. 300.164 Waiver of requirement regarding supplementing and not supplanting with Part B funds.

Sec. 300.165 Public participation.

Sec. 300.166 Rule of construction.

In complying with Sec. Sec. 300.162 and 300.163, a State may not use funds paid to it under this part to satisfy State-law mandated funding obligations to LEAs, including funding based on student attendance or enrollment, or inflation.

Sec. 300.167 State advisory panel.

The State must establish and maintain an advisory panel for the purpose of providing policy guidance with respect to special education and related services for children with disabilities in the State.

Sec. 300.168 Membership.

Sec. 300.169 Duties.

The advisory panel must--

Sec. 300.170 Suspension and expulsion rates.

Sec. 300.171 Annual description of use of Part B funds.

Sec. 300.172 Access to instructional materials.

Sec. 300.173 Overidentification and disproportionality.

The State must have in effect, consistent with the purposes of this part and with section 618(d) of the Act, policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in Sec. 300.8.

Sec. 300.174 Prohibition on mandatory medication.

Sec. 300.175 SEA as provider of FAPE or direct services.

If the SEA provides FAPE to children with disabilities, or provides direct services to these children, the agency--

Sec. 300.176 Exception for prior State plans.

Sec. 300.177 States' sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities.

Sec. 300.178 Determination by the Secretary that a State is eligible to receive a grant.

If the Secretary determines that a State is eligible to receive a grant under Part B of the Act, the Secretary notifies the State of that determination.

Sec. 300.179 Notice and hearing before determining that a State is not eligible to receive a grant.

Sec. 300.180 Hearing official or panel.

Sec. 300.181 Hearing procedures.

Sec. 300.182 Initial decision; final decision.

Sec. 300.183 Filing requirements.

Sec. 300.184 Judicial review.

If a State is dissatisfied with the Secretary's final decision with respect to the eligibility of the State under section 612 of the Act, the State may, not later than 60 days after notice of that decision, file with the United States Court of Appeals for the circuit in which that State is located a petition for review of that decision. A copy of the petition must be transmitted by the clerk of the court to the Secretary. The Secretary then files in the court the record of the proceedings upon which the Secretary's decision was based, as provided in 28 U.S.C. 2112.

Sec. 300.185 [Reserved]

Sec. 300.186 Assistance under other Federal programs.

Part B of the Act may not be construed to permit a State to reduce medical and other assistance available, or to alter eligibility, under titles V and XIX of the Social Security Act with respect to the provision of FAPE for children with disabilities in the State.

Sec. 300.190 By-pass--general.

Sec. 300.191 Provisions for services under a by-pass.

Sec. 300.192 Notice of intent to implement a by-pass.

Sec. 300.193 Request to show cause.

An SEA, LEA or other public agency in receipt of a notice under Sec. 300.192 that seeks an opportunity to show cause why a by-pass should not be implemented must submit a written request for a show cause hearing to the Secretary, within the specified time period in the written notice in Sec. 300.192(b)(2).

Sec. 300.194 Show cause hearing.

Sec. 300.195 Decision.

Sec. 300.196 Filing requirements.

Sec. 300.197 Judicial review.

If dissatisfied with the Secretary's final action, the SEA may, within 60 days after notice of that action, file a petition for review with the United States Court of Appeals for the circuit in which the State is located. The procedures for judicial review are described in section 612(f)(3)(B) through (D) of the Act.

Sec. 300.198 Continuation of a by-pass.

The Secretary continues a by-pass until the Secretary determines that the SEA, LEA or other public agency will meet the requirements for providing services to private school children.

Sec. 300.199 State administration.