Part 300 - Assistance to States for the Education of Children With Disabilities  


Subpart A - General
Purposes, Applicability, and Regulations That Apply to This Program
§ 300.3 - Regulations that apply.
Purposes and Applicability
§ 300.1 - Purposes.
§ 300.2 - Applicability of this part to State and local agencies.
Definitions Used in This Part
§ 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 - [Reserved]
§ 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 - [Reserved]
§ 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 - [Reserved]
§ 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.
Purpose, Applicability, and Regulations That Apply to this Program
Subpart B - State Eligibility
Local Educational Agency Applications—General
§§ 300.187--300.189 - [Reserved]
Additional Eligibility Requirements
§ 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.
§ 300.155 - Hearings relating to LEA eligibility.
§ 300.156 - Personnel qualifications.
§ 300.157 - Performance goals and indicators.
§ 300.160 - Participation in assessments.
§ 300.161 - [Reserved]
§ 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.
§§ 300.125--300.128 - [Reserved]
§§ 300.158--300.159 - [Reserved]
Public Participation
§ 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.
By-Pass for Children in Private Schools
§ 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.
LEA and State Agency Eligibility—Specific Conditions
§ 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.
§ 300.243 - [Reserved]
§ 300.244 - Coordinated services system.
§§ 300.222--300.229 - [Reserved]
§§ 300.236--300.239 - [Reserved]
State Administration
§ 300.199 - State administration.
Secretary of the Interior—Eligibility
§ 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.
State Eligibility—Specific Conditions
§ 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.
Other Provisions Required for State Eligibility
§ 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 and positive efforts to employ and advance qualified individuals with disabilities.
Other FAPE Requirements
§ 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.
Children With Disabilities in Private Schools Placed or Referred by Public Agencies
§ 300.145 - Applicability of §§ 300.146 through 300.147.
§ 300.146 - Responsibility of SEA.
§ 300.147 - Implementation by SEA.
School-Based Improvement Plan
§ 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.
State Advisory Panel
§ 300.167 - State advisory panel.
§ 300.168 - Membership.
§ 300.169 - Duties.
Children in Private Schools
§ 300.129 - State responsibility regarding children in private schools.
Application From Secretary of the Interior
Department Procedures
§ 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.
§ 300.185 - [Reserved]
§ 300.186 - Assistance under other Federal programs.
Children With Disabilities Enrolled by Their Parents in Private Schools when FAPE Is at Issue
§ 300.148 - Placement of children by parents when FAPE is at issue.
Children With Disabilities Enrolled by Their Parents 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.
Sea Responsibility for General Supervision and Implementation of Procedural Safeguards
§ 300.149 - SEA responsibility for general supervision.
§ 300.150 - SEA implementation of procedural safeguards.
Local Educational Agency Applications—Contents
§ 300.236 - Individualized education programs.
§ 300.237 - Procedural safeguards.
§ 300.239 - Use of Part B funds.
§§ 300.232--300.234 - [Reserved]
Least Restrictive Environment (LRE)
§ 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.
LEA and State Agency Eeligibility—General
§§ 300.186--300.189 - [Reserved]
FAPE Requirements
§ 300.101 - Free appropriate public education (FAPE).
§ 300.102 - Limitation - exception to FAPE for certain ages.
State Complaint Procedures
§ 300.151 - Adoption of State complaint procedures.
§ 300.152 - Minimum State complaint procedures.
§ 300.153 - Filing a complaint.
Methods of Ensuring Services
§ 300.154 - Methods of ensuring services.
State Plans—Contents
§§ 300.142--300.143 - [Reserved]
State Eligibility—General
§§ 300.114--300.120 - [Reserved]
State Plans—General
General
§ 300.100 - Eligibility for assistance.
Subpart C - Local Educational Agency Eligibility
§ 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.
§ 300.225 - [Reserved]
§ 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.
Direct Service by the State Educational Agency
Comprehensive System of Personnel Development (CSPD)
§ 300.380 - General CSPD requirements.
§ 300.381 - Adequate supply of qualified personnel.
§ 300.382 - Improvement strategies.
§§ 300.383--300.387 - [Reserved]
Evaluations and Reevaluations
§§ 300.322--300.324 - [Reserved]
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.
§ 300.343 - 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.
Free Appropriate Public Education
§ 300.312 - Children with disabilities in public charter schools.
§ 300.313 - Children experiencing developmental delays.
Priorities in the Use of Part B Funds
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.
§ 300.371 - [Reserved]
§ 300.372 - Nonapplicability of requirements that prohibit commingling and supplanting of funds.
§§ 300.362--300.369 - [Reserved]
Comprehensive System of Personnel Development
§ 300.383 - Data system on personnel and personnel development.
§§ 300.384--300.387 - [Reserved]
§§ 300.214--300.219 - [Reserved]
Subpart D - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
Additional Procedures for Identifying Children With Specific Learning Disabilities
§ 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.
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.
§ 300.483 - Request to show cause.
§ 300.484 - Show cause hearing.
§ 300.485 - Decision.
§ 300.486 - Filing requirements.
§ 300.487 - Judicial review.
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.
§ 300.453 - 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.
Evaluations and Reevaluations
§ 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.
Development of IEP
§ 300.324 - Development, review, and revision of IEP.
§ 300.325 - Private school placements by public agencies.
§ 300.326 - [Reserved]
§ 300.327 - Educational placements.
§ 300.328 - Alternative means of meeting participation.
Individualized Education Programs
§ 300.320 - Definition of individualized education program.
§ 300.321 - IEP Team.
§ 300.322 - Parent participation.
§ 300.323 - When IEPs must be in effect.
Children With Disabilities in Private Schools Placed or Referred by Public Agencies
§ 300.400 - Applicability of 300.400-300.402.
§ 300.401 - Responsibility of State educational agency.
§ 300.402 - Implementation by State educational agency.
Due Process Procedures
Parental Consent
§ 300.300 - Parental consent.
Subpart E - Procedural Safeguards Due Process Procedures for Parents and Children
§ 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.
Due Process Procedures for Parents and Children
Least Restrictive Environment (LRE)
§ 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.
Least Restrictive Environment
Protection in Evaluation Procedures
Procedures for Evaluation and Determination of Eligibility
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.
§ 300.583 - Hearing procedures.
§ 300.584 - Initial decision; final decision.
§ 300.585 - Filing requirements.
§ 300.586 - Judicial review.
§ 300.587 - Enforcement.
§ 300.588 - [Reserved]
§ 300.589 - Waiver of requirement regarding supplementing and not supplanting with Part B funds.
Discipline Procedures
§ 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 - 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.
§§ 300.538--300.599 - [Reserved]
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.
§ 300.542 - Observation.
§ 300.543 - Written report.
Confidentiality of Information
§ 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.
§§ 300.521--300.529 - [Reserved]
Subpart F - Monitoring, Enforcement, Confidentiality, and Program Information
Monitoring, Technical Assistance, and Enforcement
§ 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.
Use of Funds
Reports - Program 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.
§ 300.647 - Determining significant disproportionality.
State Complaint Procedures
§ 300.660 - Adoption of State complaint procedures.
§ 300.661 - Minimum State complaint procedures.
§ 300.662 - Filing a complaint.
General
State Advisory Panel
§ 300.650 - Establishment of advisory panels.
§ 300.651 - Membership.
§ 300.652 - Advisory panel functions.
§ 300.653 - Advisory panel procedures.
Reports—Program Information
Confidentiality of Information
§ 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.
Subpart G - Authorization, Allotment, Use of Funds, and Authorization of Appropriations
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.
§ 300.755 - Disproportionality.
§ 300.756 - Acquisition of equipment; construction or alteration of facilities.
Secretary of the Interior
§ 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.
Definitions That Apply to This Subpart
§ 300.717 - Definitions applicable to allotments, grants, and use of funds.
Allocations
§ 300.719 - Limitation for freely associated States.
§ 300.720 - Special rule.
§ 300.721 - [Reserved]
§ 300.722 - Definition.
§§ 300.704--300.705 - [Reserved]
Acquisition of Equipment and Construction or Alteration of Facilities
§ 300.718 - Acquisition of equipment and construction or alteration of facilities.
Allotments, Grants, and Use of Funds
§ 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.
§ 300.706 - [Reserved]
Subpart H - Preschool Grants for Children with Disabilities
§ 300.800 - In general.
§ 300.803 - Definition of State.
§ 300.804 - Eligibility.
§ 300.805 - [Reserved]
§ 300.806 - Eligibility for financial assistance.
§ 300.807 - Allocations to States.
§ 300.808 - Increase in funds.
§ 300.809 - Limitations.
§ 300.810 - Decrease in funds.
§ 300.811 - [Reserved]
§ 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.
§§ 300.801--300.802 - [Reserved]
Appendix A to Part 300 - Excess Costs Calculation
Appendix B to Part 300 - Proportionate Share Calculation
Appendix C to Part 300 - National Instructional Materials Accessibility Standard (NIMAS)
Appendix D to Part 300 - Maintenance of Effort and Early Intervening Services
Appendix E to Part 300 - Local Educational Agency Maintenance of Effort Calculation Examples
Appendix F to Part 300 - Index for IDEA - Part B Regulations (34 CFR Part 300)