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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 34 - Education |
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Subtitle B - Regulations of the Offices of the Department of Education |
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Chapter III - Office of Special Education and Rehabilitative Services, Department of Education |
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Part 303 - Early Intervention Program for Infants and Toddlers With Disabilities |
| Subpart A - General |
| Purpose and Applicable Regulations |
| § 303.1 - Purpose of the early intervention program for infants and toddlers with disabilities. |
| § 303.2 - Eligible recipients of an award and applicability of this part. |
| § 303.3 - Applicable regulations. |
| Definitions Used in This Part |
| § 303.4 - Act. |
| § 303.5 - At-risk infant or toddler. |
| § 303.6 - Child. |
| § 303.7 - Consent. |
| § 303.8 - Council. |
| § 303.9 - Day. |
| § 303.10 - Developmental delay. |
| § 303.11 - Early intervention service program. |
| § 303.12 - Early intervention service provider. |
| § 303.13 - Early intervention services. |
| § 303.14 - Elementary school. |
| § 303.15 - Free appropriate public education. |
| § 303.16 - Health services. |
| § 303.17 - Homeless children. |
| § 303.18 - Include; including. |
| § 303.19 - Indian; Indian tribe. |
| § 303.20 - Individualized family service plan. |
| § 303.21 - Infant or toddler with a disability. |
| § 303.22 - Lead agency. |
| § 303.23 - Local educational agency. |
| § 303.24 - Multidisciplinary. |
| § 303.25 - Native language. |
| § 303.26 - Natural environments. |
| § 303.27 - Parent. |
| § 303.28 - Parent training and information center. |
| § 303.29 - Personally identifiable information. |
| § 303.30 - Public agency. |
| § 303.31 - Qualified personnel. |
| § 303.32 - [Reserved] |
| § 303.33 - Secretary. |
| § 303.34 - Service coordination services (case management). |
| § 303.35 - State. |
| § 303.36 - State educational agency. |
| § 303.37 - Ward of the State. |
| Purpose, Eligibility, and Other General Provisions |
| Subpart B - State Eligibility for a Grant and Requirements for a Statewide System |
| Positive Efforts to Employ and Advance Qualified Individuals With Disabilities |
| § 303.105 - Positive efforts to employ and advance qualified individuals with disabilities. |
| Components of a Statewide System—Application Requirements for Years Four, Five, and Thereafter |
| General Requirements for a State Application |
| § 303.140 - General. |
| § 303.141 - Information about the Council. |
| § 303.142 - Designation of lead agency. |
| § 303.143 - Designation regarding financial responsibility. |
| § 303.144 - Assurance regarding use of funds. |
| § 303.145 - Description of use of funds. |
| § 303.146 - Information about public participation. |
| § 303.147 - Services to all geographic areas. |
| § 303.148 - Transition to preschool programs. |
| General Authority and Eligibility |
| § 303.100 - General authority. |
| § 303.101 - State eligibility - requirements for a grant under this part. |
| Participation by the Secretary of the Interior |
| § 303.180 - Payments to the Secretary of the Interior for Indian tribes and tribal organizations. |
| Components of a Statewide System—Application Requirements |
| § 303.160 - Minimum components of a statewide system. |
| § 303.161 - State definition of developmental delay. |
| § 303.162 - Central directory. |
| § 303.163 - [Reserved] |
| § 303.164 - Public awareness program. |
| § 303.165 - Comprehensive child find system. |
| § 303.166 - Evaluation, assessment, and nondiscriminatory procedures. |
| § 303.167 - Individualized family service plans. |
| § 303.168 - Comprehensive system of personnel development (CSPD). |
| § 303.169 - Personnel standards. |
| § 303.170 - Procedural safeguards. |
| § 303.171 - Supervision and monitoring of programs. |
| § 303.172 - Lead agency procedures for resolving complaints. |
| § 303.173 - Policies and procedures related to financial matters. |
| § 303.174 - Interagency agreements; resolution of individual disputes. |
| § 303.175 - Policy for contracting or otherwise arranging for services. |
| § 303.176 - Data collection. |
| Statement of Assurances |
| § 303.127 - Assurance regarding expenditure of funds. |
| § 303.128 - Traditionally underserved groups. |
| General Requirements |
| State Conformity With Part C of the Act and Abrogation of State Sovereign Immunity |
| § 303.102 - State conformity with Part C of the Act. |
| § 303.103 - Abrogation of State sovereign immunity. |
| Public Participation |
| Equipment and Construction |
| § 303.104 - Acquisition of equipment and construction or alteration of facilities. |
| Minimum Components of a Statewide System |
| § 303.110 - Minimum components of a statewide system. |
| § 303.111 - State definition of developmental delay. |
| § 303.112 - Availability of early intervention services. |
| § 303.113 - Evaluation, assessment, and nondiscriminatory procedures. |
| § 303.114 - Individualized family service plan (IFSP). |
| § 303.115 - Comprehensive child find system. |
| § 303.116 - Public awareness program. |
| § 303.117 - Central directory. |
| § 303.118 - Comprehensive system of personnel development (CSPD). |
| § 303.119 - Personnel standards. |
| § 303.120 - Lead agency role in supervision, monitoring, funding, interagency coordination, and other responsibilities. |
| § 303.121 - Policy for contracting or otherwise arranging for services. |
| § 303.122 - Reimbursement procedures. |
| § 303.123 - Procedural safeguards. |
| § 303.124 - Data collection. |
| § 303.125 - State interagency coordinating council. |
| § 303.126 - Early intervention services in natural environments. |
| Specific Application Requirements for Years One Through Five and Thereafter |
| § 303.149 - Application requirements for first and second years. |
| § 303.150 - Third year applications. |
| § 303.151 - Waiver of the policy adoption requirement for the third year. |
| § 303.152 - Fourth year applications. |
| § 303.153 - States with mandates as of September 1, 1986, to serve children with disabilities from birth. |
| § 303.154 - Applications for year five and each year thereafter. |
| § 303.155 - Differential funding. |
| Subpart C - State Application and Assurances |
| Application Requirements |
| § 303.201 - Designation of lead agency. |
| § 303.202 - Certification regarding financial responsibility. |
| § 303.203 - Statewide system and description of services. |
| § 303.204 - Application's definition of at-risk infants and toddlers and description of services. |
| § 303.205 - Description of use of funds. |
| § 303.206 - Referral policies for specific children. |
| § 303.207 - Availability of resources. |
| § 303.208 - Public participation policies and procedures. |
| § 303.209 - Transition to preschool and other programs. |
| § 303.210 - Coordination with Head Start and Early Head Start, early education, and child care programs. |
| § 303.211 - State option to make services under this part available to children ages three and older. |
| § 303.212 - Additional information and assurances. |
| General |
| § 303.200 - State application and assurances. |
| Assurances |
| § 303.220 - Assurances satisfactory to the Secretary. |
| § 303.221 - Expenditure of funds. |
| § 303.222 - Payor of last resort. |
| § 303.223 - Control of funds and property. |
| § 303.224 - Reports and records. |
| § 303.225 - Prohibition against supplanting; indirect costs. |
| § 303.226 - Fiscal control. |
| § 303.227 - Traditionally underserved groups. |
| Subsequent Applications and Modifications, Eligibility Determinations, and Standard of Disapproval |
| § 303.228 - Subsequent State application and modifications of application. |
| § 303.229 - Determination by the Secretary that a State is eligible. |
| § 303.230 - Standard for disapproval of an application. |
| Department Procedures |
| § 303.231 - Notice and hearing before determining that a State is not eligible. |
| § 303.232 - Hearing Official or Panel. |
| § 303.233 - Hearing procedures. |
| § 303.234 - Initial decision; final decision. |
| § 303.235 - Filing requirements. |
| § 303.236 - Judicial review. |
| Subpart D - Child Find, Evaluations and Assessments, and Individualized Family Service Plans |
| § 303.300 - General. |
| PRE-REFERRAL Procedures - Public Awareness Program and Child Find System |
| § 303.301 - Public awareness program - information for parents. |
| § 303.302 - Comprehensive child find system. |
| General |
| Identification and Evaluation |
| § 303.323 - Nondiscriminatory procedures. |
| Individualized Family Service Plans (IFSPs) |
| Post-Referral Procedures—Screenings, Evaluations, and Assessments |
| Referral Procedures |
| § 303.303 - Referral procedures. |
| §§ 303.304--303.309 - [Reserved] |
| Pre-Referral Procedures—Public Awareness Program and Child Find System |
| Personnel Training and Standards |
| § 303.360 - Comprehensive system of personnel development. |
| § 303.361 - Personnel standards. |
| POST-REFERRAL Procedures - Screenings, Evaluations, and Assessments |
| § 303.310 - Post-referral timeline (45 days). |
| § 303.320 - Screening procedures (optional). |
| § 303.321 - Evaluation of the child and assessment of the child and family. |
| § 303.322 - Determination that a child is not eligible. |
| §§ 303.311--303.319 - [Reserved] |
| Individualized Family Service Plan (IFSP) |
| § 303.340 - Individualized family service plan - general. |
| § 303.341 - [Reserved] |
| § 303.342 - Procedures for IFSP development, review, and evaluation. |
| § 303.343 - IFSP Team meeting and periodic review. |
| § 303.344 - Content of an IFSP. |
| § 303.345 - Interim IFSPs - provision of services before evaluations and assessments are completed. |
| § 303.346 - Responsibility and accountability. |
| Subpart E - Procedural Safeguards |
| Mediation and Due Process Procedures for Parents and Children |
| § 303.419 - Mediation. |
| § 303.423 - Convenience of proceedings; timelines. |
| § 303.424 - Civil action. |
| § 303.425 - Status of a child during proceedings. |
| Surrogate Parents |
| § 303.422 - Surrogate parents. |
| State Complaint Procedures |
| § 303.432 - Adoption of State complaint procedures. |
| § 303.433 - Minimum State complaint procedures. |
| § 303.434 - Filing a complaint. |
| Confidentiality |
| § 303.460 - Confidentiality of information. |
| Dispute Resolution Options |
| § 303.430 - State dispute resolution options. |
| General |
| § 303.400 - General responsibility of lead agency for procedural safeguards. |
| States That Choose to Adopt the Part C Due Process Hearing Procedures Under Section 639 of the Act |
| § 303.435 - Appointment of an impartial due process hearing officer. |
| § 303.436 - Parental rights in due process hearing proceedings. |
| § 303.437 - Convenience of hearings and timelines. |
| § 303.438 - Civil action. |
| Confidentiality of Personally Identifiable Information and Early Intervention Records |
| § 303.401 - Confidentiality and opportunity to examine records. |
| § 303.402 - Confidentiality. |
| § 303.403 - Definitions. |
| § 303.404 - Notice to parents. |
| § 303.405 - Access rights. |
| § 303.406 - Record of access. |
| § 303.407 - Records on more than one child. |
| § 303.408 - List of types and locations of information. |
| § 303.409 - Fees for records. |
| § 303.410 - Amendment of records at a parent's request. |
| § 303.411 - Opportunity for a hearing. |
| § 303.412 - Result of hearing. |
| § 303.413 - Hearing procedures. |
| § 303.414 - Consent prior to disclosure or use. |
| § 303.415 - Safeguards. |
| § 303.416 - Destruction of information. |
| § 303.417 - Enforcement. |
| Impartial Procedures for Resolving Individual Child Complaints |
| Mediation |
| § 303.431 - Mediation. |
| States That Choose to Adopt the Part B Due Process Hearing Procedures Under Section 615 of the Act |
| § 303.440 - Filing a due process complaint. |
| § 303.441 - Due process complaint. |
| § 303.442 - Resolution process. |
| § 303.443 - Impartial due process hearing. |
| § 303.444 - Hearing rights. |
| § 303.445 - Hearing decisions. |
| § 303.446 - Finality of decision; appeal; impartial review. |
| § 303.447 - Timelines and convenience of hearings and reviews. |
| § 303.448 - Civil action. |
| § 303.449 - State enforcement mechanisms. |
| Parental Consent and Notice |
| § 303.420 - Parental consent and ability to decline services. |
| § 303.421 - Prior written notice and procedural safeguards notice. |
| Subpart F - Use of Funds and Payor of Last Resort |
| Lead Agency Procedures for Resolving Complaints |
| § 303.512 - Minimum State complaint procedures. |
| Payor of Last Resort - General Provisions |
| § 303.510 - Payor of last resort. |
| § 303.511 - Methods to ensure the provision of, and financial responsibility for, Part C services. |
| Payor of Last Resort—General Provisions |
| Payor of Last Resort & System of Payments Provisions - Use of Insurance, Benefits, Systems of Payments, and Fees |
| Use of Funds |
| § 303.501 - Permissive use of funds by the lead agency. |
| Reporting Requirements |
| § 303.540 - Data collection. |
| General |
| § 303.500 - Use of funds, payor of last resort, and system of payments. |
| Payor of Last Resort & System of Payments Provisions—Use of Insurance, Benefits, Systems of Payments, and Fees |
| Payor of Last Resort & System of Payments Provisions - Use of Insurance, Benefits, Systems of Payments, and Fees |
| § 303.520 - Policies related to use of public benefits or insurance or private insurance to pay for Part C services. |
| § 303.521 - System of payments and fees. |
| Use of Funds for State Administration |
| § 303.560 - Use of funds by the lead agency. |
| Policies and Procedures Related to Financial Matters |
| § 303.522 - Identification and coordination of resources. |
| § 303.523 - Interagency agreements. |
| § 303.524 - Resolution of disputes. |
| § 303.525 - Delivery of services in a timely manner. |
| § 303.526 - Policy for contracting or otherwise arranging for services. |
| § 303.527 - Payor of last resort. |
| § 303.528 - Reimbursement procedure. |
| Subpart G - State Interagency Coordinating Council |
| § 303.600 - Establishment of Council. |
| § 303.601 - Composition. |
| § 303.602 - Meetings. |
| § 303.603 - Use of funds by the Council. |
| § 303.604 - Functions of the Council - required duties. |
| § 303.605 - Authorized activities by the Council. |
| General |
| Existing Councils |
| § 303.670 - Use of existing councils. |
| Functions of the Council |
| § 303.650 - General. |
| § 303.651 - Advising and assisting the lead agency in its administrative duties. |
| § 303.652 - Applications. |
| § 303.653 - Transitional services. |
| § 303.654 - Annual report to the Secretary. |
| Subpart H - State Monitoring and Enforcement; Federal Monitoring and Enforcement; Reporting; and Allocation of Funds |
| Federal and State Monitoring and Enforcement |
| § 303.700 - State monitoring and enforcement. |
| § 303.701 - State performance plans and data collection. |
| § 303.702 - State use of targets and reporting. |
| § 303.703 - Secretary's review and determination regarding State performance. |
| § 303.704 - Enforcement. |
| § 303.705 - Withholding funds. |
| § 303.706 - Public attention. |
| § 303.707 - Rule of construction. |
| § 303.708 - State enforcement. |
| Allocation of Funds |
| § 303.730 - Formula for State allocations. |
| § 303.731 - Payments to Indians. |
| § 303.732 - State allotments. |
| § 303.733 - Reallotment of funds. |
| § 303.734 - Reservation for State incentive grants. |
| Reports—Program Information |
| Reports - Program Information |
| § 303.720 - Data requirements - general. |
| § 303.721 - Annual report of children served - report requirement. |
| § 303.722 - Data reporting. |
| § 303.723 - Annual report of children served - certification. |
| § 303.724 - Annual report of children served - other responsibilities of the lead agency. |
| Appendix A to Part 303 - Index for IDEA Part C Regulations |