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to Subpart A
(Catalog of Federal Domestic Assistance Number: 84.027 Assistance to States for the Education of Children with Disabilities, and 84.181 Early Intervention Program for Infants and Toddlers with Disabilities)
The Secretary amends Title 34 of the Code of Federal Regulations by revising part 300 and amending part 303 as follows:
1. Part 300 is revised to read as follows:
PART 300-ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
Purposes, Applicability, and Regulations That Apply to This Program
Sec.300.2 Applicability of this part to State, local, and private agencies.
Definitions Used in This Part
300.4 Act.300.5 Assistive technology device.
300.6 Assistive technology service.
300.7 Child with a disability.
300.9 Day; business day; school day.
300.10 Educational service agency.
300.13 Free appropriate public education.
300.15 Individualized education program.
300.16 Individualized education program team.
300.17 Individualized family service plan.
300.18 Local educational agency.
300.21 Personally identifiable.
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.
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).
300.126 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.
300.137 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.
300.152 Prohibition against commingling.
300.153 State-level nonsupplanting.
300.154 Maintenance of State financial support.
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.
300.184 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.
LEA and State Agency Eligibility-Specific Conditions
300.220 Consistency with State policies.300.221 Implementation of CSPD.
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.
School-Based Improvement Plan
300.245 School-based improvement plan.300.247 Responsibilities of the LEA.
Secretary of the Interior-Eligibility
300.260 Submission of information.300.263 Plan for coordination of services.
300.265 Establishment of advisory board.
Public Participation
300.280 Public hearings before adopting State policies and procedures.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.
300.309 Extended school year services.
300.311 FAPE requirements for students with disabilities in adult prisons.
300.312 Children with disabilities in public charter schools.
Evaluations and Reevaluations
300.320 Initial evaluations.
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.
300.346 Development, review, and revision of IEP.
300.348 Agency responsibilities for transition services.
Direct Services by the SEA
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.
Comprehensive System of Personnel Development (CSPD)
300.380 General CSPD requirements.300.381 Adequate supply of qualified personnel.
Subpart D-Children in Private Schools
Children With Disabilities in Private Schools Placed or Referred by Public Agencies
300.400 Applicability of §§300.400-300.402.
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.
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.
300.456 Location of services; transportation.
300.458 Separate classes prohibited.
300.459 Requirement that funds not benefit a private school.
300.460 Use of public school personnel.
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.
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.
300.507 Impartial due process hearing; parent notice.
300.508 Impartial hearing officer.
300.510 Finality of decision; appeal; impartial review.
300.511 Timelines and convenience of hearings and reviews.
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.
300.526 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.300.532 Evaluation procedures.
300.533 Determination of needed evaluation data.
300.534 Determination of eligibility.
300.535 Procedures for determining eligibility and placement.
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.
Least Restrictive Environment (LRE)
300.550 General LRE requirements.300.551 Continuum of alternative placements.
300.554 Children in public or private institutions.
Confidentiality of Information
300.560 Definitions.300.564 Records on more than one child.
300.565 List of types and locations of information.
300.567 Amendment of records at parent's request.
300.568 Opportunity for a hearing.
300.573 Destruction of information.
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.
300.584 Initial decision; final decision.
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.
Use of Funds
300.620 Use of funds for State administration.300.622 Subgrants to LEAs for capacity-building and improvement.
State Advisory Panel
300.650 Establishment of advisory panels.
State Complaint Procedures
300.660 Adoption of State complaint procedures.
Subpart G-Allocation of Funds; Reports
Allocations
300.700 Special definition of the term "State."300.703 Allocations to States.
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.
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.
300.756 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
Authority: 20 U.S.C. 1411-1420, unless otherwise noted.
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