ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES

• Citation: 34 CFR Part 300
• Sections: 278

§ 300.1 Purposes.

The purposes of this part are—

(a) To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;

(b) To ensure that the rights of children with disabilities and their parents are protected;

(c) To assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities; and

(d) To assess and ensure the effectiveness of efforts to educate children with disabilities.

§ 300.2 Applicability of this part to State and local agencies.

(a) States. This part applies to each State that receives payments under Part B of the Act, as defined in § 300.4.

(b) Public agencies within the State. The provisions of this part—

(1) Apply to all political subdivisions of the State that are involved in the education of children with disabilities, including:

(i) The State educational agency (SEA).

(ii) Local educational agencies (LEAs), educational service agencies (ESAs), and public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA.

(iii) Other State agencies and schools (such as Departments of Mental Health and Welfare and State schools for children with deafness or children with blindness).

(iv) State and local juvenile and adult correctional facilities; and

(2) Are binding on each public agency in the State that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B of the Act.

(c) Private schools and facilities. Each public agency in the State is responsible for ensuring that the rights and protections under Part B of the Act are given to children with disabilities—

(1) Referred to or placed in private schools and facilities by that public agency; or

(2) Placed in private schools by their parents under the provisions of § 300.148.

§ 300.4 Act.

Act means the Individuals with Disabilities Education Act, as amended.

§ 300.5 Assistive technology device.

Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.

§ 300.6 Assistive technology service.

Assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes—

(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;

(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;

(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(e) Training or technical assistance for a child with a disability or, if appropriate, that child's family; and

(f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.

§ 300.7 Charter school.

Charter school has the meaning given the term in section 4310(2) of the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. 6301 et seq. (ESEA).

§ 300.8 Child with a disability.

(a) General— (1) Child with a disability means a child evaluated in accordance with §§ 300.304 through 300.311 as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.

(2)(i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an appropriate evaluation under §§ 300.304 through 300.311, that a child has one of the disabilities identified in paragraph (a)(1) of this section, but only needs a related service and not special education, the child is not a child with a disability under this part.

(ii) If, consistent with § 300.39(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section.

(b) Children aged three through nine experiencing developmental delays. Child with a disability for children aged three through nine (or any subset of that age range, including ages three through five), may, subject to the conditions described in § 300.111(b), include a child—

(1) Who is experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Physical development, cognitive development, communication development, social or emotional development, or adaptive development; and

(2) Who, by reason thereof, needs special education and related services.

(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows:

(1)(i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.

(ii) Autism does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in paragraph (c)(4) of this section.

(iii) A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied.

(2) Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.

(3) Deafness means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.

(4)(i) Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:

(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors.

(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(C) Inappropriate types of behavior or feelings under normal circumstances.

(D) A general pervasive mood of unhappiness or depression.

(E) A tendency to develop physical symptoms or fears associated with personal or school problems.

(ii) Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under paragraph (c)(4)(i) of this section.

(5) Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of deafness in this section.

(6) Intellectual disability means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child's educational performance. The term “intellectual disability” was formerly termed “mental retardation.”

(7) Multiple disabilities means concomitant impairments (such as intellectual disability-blindness or intellectual disability-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness.

(8) Orthopedic impairment means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

(9) Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that—

(i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and

(ii) Adversely affects a child's educational performance.

(10) Specific learning disability —(i) General. Specific learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

(ii) Disorders not included. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage.

(11) Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child's educational performance.

(12) Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.

(13) Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness.

§ 300.9 Consent.

Consent means that—

(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or through another mode of communication;

(b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and

(c)(1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.

(2) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

(3) If the parent revokes consent in writing for their child's receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent.

§ 300.11 Day; business day; school day.

(a) Day means calendar day unless otherwise indicated as business day or school day.

(b) Business day means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day, as in § 300.148(d)(1)(ii)).

(c)(1) School day means any day, including a partial day that children are in attendance at school for instructional purposes.

(2) School day has the same meaning for all children in school, including children with and without disabilities.

§ 300.12 Educational service agency.

Educational service agency means—

(a) A regional public multiservice agency—

(1) Authorized by State law to develop, manage, and provide services or programs to LEAs;

(2) Recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State;

(b) Includes any other public institution or agency having administrative control and direction over a public elementary school or secondary school; and

(c) Includes entities that meet the definition of intermediate educational unit in section 602(23) of the Act as in effect prior to June 4, 1997.

§ 300.13 Elementary school.

Elementary school means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.

§ 300.14 Equipment.

Equipment means—

(a) Machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house the machinery, utilities, or equipment; and

(b) All other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials.

§ 300.15 Evaluation.

Evaluation means procedures used in accordance with §§ 300.304 through 300.311 to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs.

§ 300.16 Excess costs.

Excess costs means those costs that are in excess of the average annual per-student expenditure in an LEA during the preceding school year for an elementary school or secondary school student, as may be appropriate, and that must be computed after deducting—

(a) Amounts received—

(1) Under Part B of the Act;

(2) Under Part A of title I of the ESEA; and

(3) Under Part A of title III of the ESEA and;

(b) Any State or local funds expended for programs that would qualify for assistance under any of the parts described in paragraph (a) of this section, but excluding any amounts for capital outlay or debt service. (See appendix A to part 300 for an example of how excess costs must be calculated.)

§ 300.17 Free appropriate public education.

Free appropriate public education or FAPE means special education and related services that—

(a) Are provided at public expense, under public supervision and direction, and without charge;

(b) Meet the standards of the SEA, including the requirements of this part;

(c) Include an appropriate preschool, elementary school, or secondary school education in the State involved; and

(d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of §§ 300.320 through 300.324.

§ 300.19 Homeless children.

Homeless children has the meaning given the term homeless children and youths in section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq.

§ 300.20 Include.

Include means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.

§ 300.21 Indian and Indian tribe.

(a) Indian means an individual who is a member of an Indian tribe.

(b) Indian tribe means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et seq. ).

(c) Nothing in this definition is intended to indicate that the Secretary of the Interior is required to provide services or funding to a State Indian tribe that is not listed in the Federal Register list of Indian entities recognized as eligible to receive services from the United States, published pursuant to Section 104 of the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a-1.

§ 300.22 Individualized education program.

Individualized education program or IEP means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with §§ 300.320 through 300.324.

§ 300.23 Individualized education program team.

Individualized education program team or IEP Team means a group of individuals described in § 300.321 that is responsible for developing, reviewing, or revising an IEP for a child with a disability.

§ 300.24 Individualized family service plan.

Individualized family service plan or IFSP has the meaning given the term in section 636 of the Act.

§ 300.25 Infant or toddler with a disability.

Infant or toddler with a disability —

(a) Means an individual under three years of age who needs early intervention services because the individual—

(1) Is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in one or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development; or

(2) Has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay; and

(b) May also include, at a State's discretion—

(1) At-risk infants and toddlers; and

(2) Children with disabilities who are eligible for services under section 619 and who previously received services under Part C of the Act until such children enter, or are eligible under State law to enter, kindergarten or elementary school, as appropriate, provided that any programs under Part C of the Act serving such children shall include—

(i) An educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills; and

(ii) A written notification to parents of their rights and responsibilities in determining whether their child will continue to receive services under Part C of the Act or participate in preschool programs under section 619.

§ 300.26 Institution of higher education.

Institution of higher education —

(a) Has the meaning given the term in section 101 of the Higher Education Act of 1965, as amended, 20 U.S.C. 1021 et seq. (HEA); and

(b) Also includes any community college receiving funds from the Secretary of the Interior under the Tribally Controlled Community College or University Assistance Act of 1978, 25 U.S.C. 1801, et seq.

§ 300.27 Limited English proficient.

Limited English proficient has the meaning given the term 'English learner' in section 8101 of the ESEA.

§ 300.28 Local educational agency.

(a) General. Local educational agency or LEA means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools.

(b) Educational service agencies and other public institutions or agencies. The term includes—

(1) An educational service agency, as defined in § 300.12; and

(2) Any other public institution or agency having administrative control and direction of a public elementary school or secondary school, including a public nonprofit charter school that is established as an LEA under State law.

(c) BIA funded schools. The term includes an elementary school or secondary school funded by the Bureau of Indian Affairs, and not subject to the jurisdiction of any SEA other than the Bureau of Indian Affairs, but only to the extent that the inclusion makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the LEA receiving assistance under the Act with the smallest student population.

§ 300.29 Native language.

(a) Native language , when used with respect to an individual who is limited English proficient, means the following:

(1) The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except as provided in paragraph (a)(2) of this section.

(2) In all direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment.

(b) For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the individual (such as sign language, Braille, or oral communication).

§ 300.30 Parent.

(a) Parent means—

(1) A biological or adoptive parent of a child;

(2) A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent;

(3) A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State);

(4) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or

(5) A surrogate parent who has been appointed in accordance with § 300.519 or section 639(a)(5) of the Act.

(b) (1) Except as provided in paragraph (b)(2) of this section, the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under paragraph (a) of this section to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.

(2) If a judicial decree or order identifies a specific person or persons under paragraphs (a)(1) through (4) of this section to act as the “parent” of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the “parent” for purposes of this section.

§ 300.31 Parent training and information center.

Parent training and information center means a center assisted under sections 671 or 672 of the Act.

§ 300.32 Personally identifiable.

Personally identifiable means information that contains—

(a) The name of the child, the child's parent, or other family member;

(b) The address of the child;

(c) A personal identifier, such as the child's social security number or student number; or

(d) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.

§ 300.33 Public agency.

Public agency includes the SEA, LEAs, ESAs, nonprofit public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA, and any other political subdivisions of the State that are responsible for providing education to children with disabilities.

§ 300.34 Related services.

(a) General. Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.

(b) Exception; services that apply to children with surgically implanted devices, including cochlear implants. (1) Related services do not include a medical device that is surgically implanted, the optimization of that device's functioning (e.g., mapping), maintenance of that device, or the replacement of that device.

(2) Nothing in paragraph (b)(1) of this section—

(i) Limits the right of a child with a surgically implanted device (e.g., cochlear implant) to receive related services (as listed in paragraph (a) of this section) that are determined by the IEP Team to be necessary for the child to receive FAPE.

(ii) Limits the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school; or

(iii) Prevents the routine checking of an external component of a surgically implanted device to make sure it is functioning properly, as required in § 300.113(b).

(c) Individual related services terms defined. The terms used in this definition are defined as follows:

(1) Audiology includes—

(i) Identification of children with hearing loss;

(ii) Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;

(iii) Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation;

(iv) Creation and administration of programs for prevention of hearing loss;

(v) Counseling and guidance of children, parents, and teachers regarding hearing loss; and

(vi) Determination of children's needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.

(2) Counseling services means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.

(3) Early identification and assessment of disabilities in children means the implementation of a formal plan for identifying a disability as early as possible in a child's life.

(4) Interpreting services includes—

(i) The following, when used with respect to children who are deaf or hard of hearing: Oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, and transcription services, such as communication access real-time translation (CART), C-Print, and TypeWell; and

(ii) Special interpreting services for children who are deaf-blind.

(5) Medical services means services provided by a licensed physician to determine a child's medically related disability that results in the child's need for special education and related services.

(6) Occupational therapy —

(i) Means services provided by a qualified occupational therapist; and

(ii) Includes—

(A) Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;

(B) Improving ability to perform tasks for independent functioning if functions are impaired or lost; and

(C) Preventing, through early intervention, initial or further impairment or loss of function.

(7) Orientation and mobility services —

(i) Means services provided to blind or visually impaired children by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community; and

(ii) Includes teaching children the following, as appropriate:

(A) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street);

(B) To use the long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for children with no available travel vision;

(C) To understand and use remaining vision and distance low vision aids; and

(D) Other concepts, techniques, and tools.

(8)(i) Parent counseling and training means assisting parents in understanding the special needs of their child;

(ii) Providing parents with information about child development; and

(iii) Helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP or IFSP.

(9) Physical therapy means services provided by a qualified physical therapist.

(10) Psychological services includes—

(i) Administering psychological and educational tests, and other assessment procedures;

(ii) Interpreting assessment results;

(iii) Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning;

(iv) Consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations;

(v) Planning and managing a program of psychological services, including psychological counseling for children and parents; and

(vi) Assisting in developing positive behavioral intervention strategies.

(11) Recreation includes—

(i) Assessment of leisure function;

(ii) Therapeutic recreation services;

(iii) Recreation programs in schools and community agencies; and

(iv) Leisure education.

(12) Rehabilitation counseling services means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq.

(13) School health services and school nurse services means health services that are designed to enable a child with a disability to receive FAPE as described in the child's IEP. School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person.

(14) Social work services in schools includes—

(i) Preparing a social or developmental history on a child with a disability;

(ii) Group and individual counseling with the child and family;

(iii) Working in partnership with parents and others on those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school;

(iv) Mobilizing school and community resources to enable the child to learn as effectively as possible in his or her educational program; and

(v) Assisting in developing positive behavioral intervention strategies.

(15) Speech-language pathology services includes—

(i) Identification of children with speech or language impairments;

(ii) Diagnosis and appraisal of specific speech or language impairments;

(iii) Referral for medical or other professional attention necessary for the habilitation of speech or language impairments;

(iv) Provision of speech and language services for the habilitation or prevention of communicative impairments; and

(v) Counseling and guidance of parents, children, and teachers regarding speech and language impairments.

(16) Transportation includes—

(i) Travel to and from school and between schools;

(ii) Travel in and around school buildings; and

(iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.

§ 300.36 Secondary school.

Secondary school means a nonprofit institutional day or residential school, including a public secondary charter school that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12.

§ 300.37 Services plan.

Services plan means a written statement that describes the special education and related services the LEA will provide to a parentally-placed child with a disability enrolled in a private school who has been designated to receive services, including the location of the services and any transportation necessary, consistent with § 300.132, and is developed and implemented in accordance with §§ 300.137 through 300.139.

§ 300.38 Secretary.

Secretary means the Secretary of Education.

§ 300.39 Special education.

(a) General. (1) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including—

(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

(ii) Instruction in physical education.

(2) Special education includes each of the following, if the services otherwise meet the requirements of paragraph (a)(1) of this section—

(i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;

(ii) Travel training; and

(iii) Vocational education.

(b) Individual special education terms defined. The terms in this definition are defined as follows:

(1) At no cost means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.

(2) Physical education means—

(i) The development of—

(A) Physical and motor fitness;

(B) Fundamental motor skills and patterns; and

(C) Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports); and

(ii) Includes special physical education, adapted physical education, movement education, and motor development.

(3) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction—

(i) To address the unique needs of the child that result from the child's disability; and

(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.

(4) Travel training means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to—

(i) Develop an awareness of the environment in which they live; and

(ii) Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).

(5) Vocational education means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.

§ 300.40 State.

State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.

§ 300.41 State educational agency.

State educational agency or SEA means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

§ 300.42 Supplementary aids and services.

Supplementary aids and services means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with §§ 300.114 through 300.116.

§ 300.43 Transition services.

(a) Transition services means a coordinated set of activities for a child with a disability that—

(1) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(2) Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and includes—

(i) Instruction;

(ii) Related services;

(iii) Community experiences;

(iv) The development of employment and other post-school adult living objectives; and

(v) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.

(b) Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.

§ 300.44 Universal design.

Universal design has the meaning given the term in section 3 of the Assistive Technology Act of 1998, as amended, 29 U.S.C. 3002.

§ 300.45 Ward of the State.

(a) General. Subject to paragraph (b) of this section, ward of the State means a child who, as determined by the State where the child resides, is—

(1) A foster child;

(2) A ward of the State; or

(3) In the custody of a public child welfare agency.

(b) Exception. Ward of the State does not include a foster child who has a foster parent who meets the definition of a parent in § 300.30.

§ 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 §§ 300.101 through 300.176.

(Approved by the Office of Management and Budget under control number 1820-0030)

Appendix A Appendix A to Part 300—Excess Costs Calculation

Except as otherwise provided, amounts provided to an LEA under Part B of the Act may be used only to pay the excess costs of providing special education and related services to children with disabilities. Excess costs are those costs for the education of an elementary school or secondary school student with a disability that are in excess of the average annual per student expenditure in an LEA during the preceding school year for an elementary school or secondary school student, as may be appropriate. An LEA must spend at least the average annual per student expenditure on the education of an elementary school or secondary school child with a disability before funds under Part B of the Act are used to pay the excess costs of providing special education and related services.

Section 602(8) of the Act and § 300.16 require the LEA to compute the minimum average amount separately for children with disabilities in its elementary schools and for children with disabilities in its secondary schools. LEAs may not compute the minimum average amount it must spend on the education of children with disabilities based on a combination of the enrollments in its elementary schools and secondary schools.

The following example shows how to compute the minimum average amount an LEA must spend for the education of each of its elementary school children with disabilities under section 602(3) of the Act before it may use funds under Part B of the Act.

a. First the LEA must determine the total amount of its expenditures for elementary school students from all sources—local, State, and Federal (including Part B)—in the preceding school year. Only capital outlay and debt services are excluded.

Example:

The following is an example of a computation for children with disabilities enrolled in an LEA's elementary schools. In this example, the LEA had an average elementary school enrollment for the preceding school year of 800 (including 100 children with disabilities). The LEA spent the following amounts last year for elementary school students (including its elementary school children with disabilities):

(1)

From State and local tax funds

$6,500,000

(2)

From Federal funds

600,000

Total expenditures

7,100,000

Of this total, $60,000 was for capital outlay and debt service relating to the education of elementary school students. This must be subtracted from total expenditures.

(1)

Total Expenditures

$7,100,000

(2)

Less capital outlay and debt

−60,000

Total expenditures for elementary school students less capital outlay and debt

$7,040,000

b. Next, the LEA must subtract from the total expenditures amounts spent for:

(1) IDEA, Part B allocation,

(2) ESEA, Title I, Part A allocation,

(3) ESEA, Title III, Parts A and B allocation,

(4) State and local funds for children with disabilities, and

(5) State or local funds for programs under ESEA, Title I, Part A, and Title III, Parts A and B.

These are funds that the LEA actually spent, not funds received last year but carried over for the current school year.

Example:

The LEA spent the following amounts for elementary school students last year:

(1)

From funds under IDEA, Part B allocation

$ 200,000

(2)

From funds under ESEA, Title I, Part A allocation

250,000

(3)

From funds under ESEA, Title III, Parts A and B allocation

50,000

(4)

From State funds and local funds for children with disabilities

500,000

(5)

From State and local funds for programs under ESEA, Title I, Part A, and Title III, Parts A and B

150,000

Total

1,150,000

(1)

Total expenditures less capital outlay and debt

7,040,000

(2)

Other deductions

−1,150,000

Total

$5,890,000

c. Except as otherwise provided, the LEA next must determine the average annual per student expenditure for its elementary schools dividing the average number of students enrolled in the elementary schools of the agency during the preceding year (including its children with disabilities) into the amount computed under the above paragraph. The amount obtained through this computation is the minimum amount the LEA must spend (on the average) for the education of each of its elementary school children with disabilities. Funds under Part B of the Act may be used only for costs over and above this minimum.

(1)

Amount from Step b

$5,890,000

(2)

Average number of students enrolled

800

(3)

$5,890,000/800 Average annual per student expenditure

$ 7,362

d. Except as otherwise provided, to determine the total minimum amount of funds the LEA must spend for the education of its elementary school children with disabilities in the LEA (not including capital outlay and debt service), the LEA must multiply the number of elementary school children with disabilities in the LEA times the average annual per student expenditure obtained in paragraph c above. Funds under Part B of the Act can only be used for excess costs over and above this minimum.

(1)

Number of children with disabilities in the LEA's elementary schools

100

(2)

Average annual per student expenditure

$ 7,362

(3)

$7,362 × 100

Total minimum amount of funds the LEA must spend for the education of children with disabilities enrolled in the LEA's elementary schools before using Part B funds

$ 736,200

Appendix B Appendix B to Part 300—Proportionate Share Calculation

Each LEA must expend, during the grant period, on the provision of special education and related services for the parentally-placed private school children with disabilities enrolled in private elementary schools and secondary schools located in the LEA an amount that is equal to—

(1) A proportionate share of the LEA's subgrant under section 611(f) of the Act for children with disabilities aged 3 through 21. This is an amount that is the same proportion of the LEA's total subgrant under section 611(f) of the Act as the number of parentally-placed private school children with disabilities aged 3 through 21 enrolled in private elementary schools and secondary schools located in the LEA is to the total number of children with disabilities enrolled in public and private elementary schools and secondary schools located in the LEA aged 3 through 21; and

(2) A proportionate share of the LEA's subgrant under section 619(g) of the Act for children with disabilities aged 3 through 5. This is an amount that is the same proportion of the LEA's total subgrant under section 619(g) of the Act as the total number of parentally-placed private school children with disabilities aged 3 through 5 enrolled in private elementary schools located in the LEA is to the total number of children with disabilities enrolled in public and private elementary schools located in the LEA aged 3 through 5.

Consistent with section 612(a)(10)(A)(i) of the Act and § 300.133 of these regulations, annual expenditures for parentally-placed private school children with disabilities are calculated based on the total number of children with disabilities enrolled in public and private elementary schools and secondary schools located in the LEA eligible to receive special education and related services under Part B, as compared with the total number of eligible parentally-placed private school children with disabilities enrolled in private elementary schools located in the LEA. This ratio is used to determine the proportion of the LEA's total Part B subgrants under section 611(f) of the Act for children aged 3 through 21, and under section 619(g) of the Act for children aged 3 through 5, that is to be expended on services for parentally-placed private school children with disabilities enrolled in private elementary schools and secondary schools located in the LEA.

The following is an example of how the proportionate share is calculated:

There are 300 eligible children with disabilities enrolled in the Flintstone School District and 20 eligible parentally-placed private school children with disabilities enrolled in private elementary schools and secondary schools located in the LEA for a total of 320 eligible public and private school children with disabilities (note: proportionate share for parentally-placed private school children is based on total children eligible, not children served). The number of eligible parentally-placed private school children with disabilities (20) divided by the total number of eligible public and private school children with disabilities (320) indicates that 6.25 percent of the LEA's subgrant must be spent for the group of eligible parentally-placed children with disabilities enrolled in private elementary schools and secondary schools located in the LEA. Flintstone School District receives $152,500 in Federal flow through funds. Therefore, the LEA must spend $9,531.25 on special education or related services to the group of parentally-placed private school children with disabilities enrolled in private elementary schools and secondary schools located in the LEA. (Note: The LEA must calculate the proportionate share of IDEA funds before earmarking funds for any early intervening activities in § 300.226).

The following outlines the calculations for the example of how the proportionate share is calculated.

Proportionate Share Calculation for Parentally-Placed Private School Children with Disabilities For Flintstone School District:

Number of eligible children with disabilities in public schools in the LEA

300

Number of parentally-placed eligible children with disabilities in private elementary schools and secondary schools located in the LEA

20

Total number of eligible children

320

Federal Flow-Through Funds to Flintstone School District

Total allocation to Flintstone

$152,500

Calculating Proportionate Share:

Total allocation to Flintstone

152,500

Divided by total number of eligible children

320

Average allocation per eligible child

476.5625

Multiplied by the number of parentally-placed children with disabilities

20

Amount to be expended for parentally-placed children with disabilities

9,531.25

Appendix C Appendix C to Part 300—National Instructional Materials Accessibility Standard (NIMAS)

Under sections 612(a)(23)(A) and 674(e)(4) of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004, the Secretary of Education establishes the NIMAS. Under section 674(e)(4) of the Act, the NIMAS applies to print instructional materials published after July 19, 2006. The purpose of the NIMAS is to help increase the availability and timely delivery of print instructional materials in accessible formats to blind or other persons with print disabilities in elementary and secondary schools.

Technical Specifications—The Baseline Element Set

The Baseline Element Set details the minimum requirement that must be delivered to fulfill the NIMAS. It is the responsibility of publishers to provide this NIMAS-conformant XML content file, a package file (OPF), a PDF-format copy of the title page (or whichever page(s) contain(s) ISBN and copyright information), and a full set of the content's images. All of the images included within a work must be provided in a folder and placeholders entered in the relevant XML document indicating their location (all images must be included). The preferred image type is SVG, next is either PNG or JPG format. Images should be rendered in the same size/proportion as their originals at 300 dpi. Images should be named with relative path filenames in XML files (example: img id=“staricon4” src=“./images/U10C02/staricon4.jpg” alt=“star icon”).

NIMAS-conformant content must be valid to the NIMAS 1.1 [see ANSI/NISO Z39.86 2005 or subsequent revisions]. In addition, files are required to use the tags from the Baseline Element Set when such tags are appropriate. Publishers are encouraged to augment the required Baseline Element Set with tags from the Optional Element Set (elements not included in the Standard) as applicable. For the purposes of NIMAS, appropriate usage of elements, both baseline and optional, is defined by the DAISY Structure Guidelines. Files that do not follow these guidelines in the selection and application of tags are not conformant to this Standard. Both optional elements and appropriate structure guidelines may be located within Z39.86-2002 and Z39.86-2005 available from http://www.daisy.org/z3986/. Use of the most current standard is recommended.

The Baseline Element Set

Element

Description

a. Document-level tags

dtbook

The root element in the Digital Talking Book DTD. <dtbook>contains metadata in <head>and the contents itself in <book>.

head

Contains metainformation about the book but no actual content of the book itself, which is placed in <book>.

book

Surrounds the actual content of the document, which is divided into <frontmatter>, <bodymatter>, and <rearmatter>. <head>, which contains metadata, precedes <book>.

meta

Indicates metadata about the book. It is an empty element that may appear repeatedly only in <head>. For the most current usage guidelines, please refer to http://www.daisy.org/z3986/

b. Structure and Hierarchy

frontmatter

Usually contains <doctitle>and <docauthor>, as well as preliminary material that is often enclosed in appropriate <level>or <level1>etc. Content may include a copyright notice, a foreword, an acknowledgements section, a table of contents, etc. <frontmatter>serves as a guide to the content and nature of a <book>.

bodymatter

Consists of the text proper of a book, as contrasted with preliminary material <frontmatter>or supplementary information in <rearmatter>.

rearmatter

Contains supplementary material such as appendices, glossaries, bibliographies, and indices. It follows the <bodymatter>of the book.

level1

The highest-level container of major divisions of a book. Used in <frontmatter>, <bodymatter>, and <rearmatter>to mark the largest divisions of the book (usually parts or chapters), inside which <level2>subdivisions (often sections) may nest. The class attribute identifies the actual name (e.g., part, chapter) of the structure it marks. Contrast with <level>.

level2

Contains subdivisions that nest within <level1>divisions. The class attribute identifies the actual name (e.g., subpart, chapter, subsection) of the structure it marks.

level3

Contains sub-subdivisions that nest within <level2>subdivisions (e.g., sub-subsections within subsections). The class attribute identifies the actual name (e.g., section, subpart, subsubsection) of the subordinate structure it marks.

level4

Contains further subdivisions that nest within <level3>subdivisions. The class attribute identifies the actual name of the subordinate structure it marks.

level5

Contains further subdivisions that nest within <level4>subdivisions. The class attribute identifies the actual name of the subordinate structure it marks.

level6

Contains further subdivisions that nest within <level5>subdivisions. The class attribute identifies the actual name of the subordinate structure it marks.

h1

Contains the text of the heading for a <level1>structure.

h2

Contains the text of the heading for a <level2>structure.

h3

Contains the text of the heading for a <level3>structure.

h4

Contains the text of the heading for a <level4>structure.

h5

Contains the text of the heading for a <level5>structure.

h6

Contains the text of the heading for a <level6>structure. For the most current usage guidelines, please refer to http://www.daisy.org/z3986/

c. Block elements

author

Identifies the writer of a work other than this one. Contrast with <docauthor>, which identifies the author of this work. <author>typically occurs within <blockquote>and <cite>.

blockquote

Indicates a block of quoted content that is set off from the surrounding text by paragraph breaks. Compare with <q>, which marks short, inline quotations.

list

Contains some form of list, ordered or unordered. The list may have an intermixed heading <hd>(generally only one, possibly with <prodnote>), and an intermixture of list items <li>and <pagenum>. If bullets and outline enumerations are part of the print content, they are expected to prefix those list items in content, rather than be implicitly generated.

li

Marks each list item in a <list>. <li>content may be either inline or block and may include other nested lists. Alternatively it may contain a sequence of list item components, <lic>, that identify regularly occurring content, such as the heading and page number of each entry in a table of contents.

hd

Marks the text of a heading in a <list>or <sidebar>.

note

Marks a footnote, endnote, etc. Any local reference to <note id=“yyy”>is by <noteref idref=“#yyy””>. [Attribute id]

p

Contains a paragraph, which may contain subsidiary <list>or <dl>.

sidebar

Contains information supplementary to the main text and/or narrative flow and is often boxed and printed apart from the main text block on a page. It may have a heading <hd>.

cite

Marks a reference (or citation) to another document.

dd

Marks a definition of the preceding term <dt>within a definition list <dl>. A definition without a preceding <dt>has no semantic interpretation, but is visually presented aligned with other <dd>.

dl

Contains a definition list, usually consisting of pairs of terms <dt>and definitions <dd>. Any definition can contain another definition list.

dt

Marks a term in a definition list <dl>for which a definition <dd>follows. For the most current usage guidelines, please refer to http://www.daisy.org/z3986/

d. Inline Elements

em

Indicates emphasis. Usually <em>is rendered in italics. Compare with <strong>.

q

Contains a short, inline quotation. Compare with <blockquote>, which marks a longer quotation set off from the surrounding text.

strong

Marks stronger emphasis than <em>. Visually <strong>is usually rendered bold.

sub

Indicates a subscript character (printed below a character's normal baseline). Can be used recursively and/or intermixed with <sup>.

sup

Marks a superscript character (printed above a character's normal baseline). Can be used recursively and/or intermixed with <sub>.

br

Marks a forced line break.

line

Marks a single logical line of text. Often used in conjunction with <linenum>in documents with numbered lines. [Use only when line breaks must be preserved to capture meaning (e.g., poems, legal texts).]

linenum

Contains a line number, for example in legal text. [Use only when <line>is used, and only for lines numbered in print book.]

pagenum

Contains one page number as it appears from the print document, usually inserted at the point within the file immediately preceding the first item of content on a new page. [NB: Only valid when it includes an id attribute].

noteref

Marks one or more characters that reference a footnote or endnote <note>. Contrast with <annoref>. <noteref>and <note>are independently skippable. For the most current usage guidelines, please refer to http://www.daisy.org/z3986/

e. Tables

table

Contains cells of tabular data arranged in rows and columns. A <table>may have a <caption>. It may have descriptions of the columns in <col>s or groupings of several <col>in <colgroup>. A simple <table>may be made up of just rows <tr>. A long table crossing several pages of the print book should have separate <pagenum>values for each of the pages containing that <table>indicated on the page where it starts. Note the logical order of optional <thead>, optional <tfoot>, then one or more of either <tbody>or just rows <tr>. This order accommodates simple or large, complex tables. The <thead>and <tfoot>information usually helps identify content of the <tbody>rows. For a multiple-page print <table>the <thead>and <tfoot>are repeated on each page, but not redundantly tagged.

td

Indicates a table cell containing data.

tr

Marks one row of a <table>containing <th>or <td>cells. For the most current usage guidelines, please refer to http://www.daisy.org/z3986/

f. Images

imggroup

Provides a container for one or more <img>and associated <caption>(s) and <prodnote>(s). A <prodnote>may contain a description of the image. The content model allows: 1) multiple <img>if they share a caption, with the ids of each <img>in the <caption imgref=“id1 id2 ...”>, 2) multiple <caption>if several captions refer to a single <img id=“xxx”>where each caption has the same <caption imgref=“xxx”>, 3) multiple <prodnote>if different versions are needed for different media (e.g., large print, braille, or print). If several <prodnote>refer to a single <img id=“xxx”>, each prodnote has the same <prodnote imgref=“xxx”>.

img

Points to the image to be rendered. An <img>may stand alone or be grouped using <imggroup>. Note that providing extracted images is not a requirement of the NIMAS. If they are included, it is best to refer to them using <img>within the <imggroup>container.

caption

Describes a <table>or <img>. If used with <table>it must follow immediately after the <table>start tag. If used with <imggroup>it is not so constrained. For the most current usage guidelines, please refer to http://www.daisy.org/z3986/

1. The Optional Elements and Guidelines for Use

Publishers are encouraged to apply markup beyond the baseline (required) elements. The complete DTBook Element Set reflects the tags necessary to create the six types of Digital Talking Books and Braille output. Because of the present necessity to subdivide the creation of alternate format materials into distinct phases, the Panel determined that baseline elements would be provided by publishers, and optional elements would be added to the NIMAS-conformant files by third party conversion entities. In both circumstances the protocols for tagging digital files should conform to the most current ANSI/NISO Z39.86 specification. Content converters are directed to the most current DAISY Structure Guidelines ( http://www.daisy.org/z3986/ ) for guidance on their use.

Since the publication of the original National File Format report from which the NIMAS technical specifications were derived, ANSI/NISO Z39.86-2002 was updated and is now ANSI/NISO Z39.86-2005. It may be best to avoid using the following optional elements which are no longer included in ANSI/NISO Z39.86-2005: style, notice, hr, and levelhd.

Also, the following new elements were introduced by ANSI/NISO Z39.86-2005 and should be considered optional elements for the NIMAS: bridgehead, byline, covertitle, dateline, epigraph, linegroup, and poem. Please refer to ANSI/NISO Z39.86-2005 for additional information regarding these elements. To access the ANSI/NISO Z39.86-2005 specification, go to http://www.daisy.org/z3986/.

2. Package File

A package file describes a publication. It identifies all other files in the publication and provides descriptive and access information about them. A publication must include a package file conforming to the NIMAS. The package file is based on the Open eBook Publication Structure 1.2 package file specification (For most recent detail please see http://www.openebook.org/oebps/oebps1.2/download/oeb12-xhtml.htm#sec2 ). A NIMAS package file must be an XML-valid OeB PS 1.2 package file instance and must meet the following additional standards:

The NIMAS Package File must include the following Dublin Core (dc:)metadata:

dc:Title.

dc:Creator (if applicable).

dc:Publisher.

dc:Date (Date of NIMAS-compliant file creation—yyyy-mm-dd).

dc:Format (=“NIMAS 1.0”).

dc:Identifier (a unique identifier for the NIMAS-compliant digital publication, e.g., print ISBN + “-NIMAS”—exact format to be determined).

dc:Language (one instance, or multiple in the case of a foreign language textbook, etc.).

dc:Rights (details to be determined).

dc:Source (ISBN of print version of textbook).

And the following x-metadata items:

nimas-SourceEdition (the edition of the print textbook).

nimas-SourceDate (date of publication of the print textbook).

The following metadata were proposed also as a means of facilitating recordkeeping, storage and file retrieval:

dc:Subject (Lang Arts, Soc Studies, etc.).

nimas-grade (specific grade level of the print textbook, e.g. ; Grade 6).

nimas gradeRange (specific grade range of the print textbook, e.g. ; Grades 4-5).

An additional suggestion references the use of:

dc:audience:educationLevel (for the grade and gradeRange identifiers, noting that Dublin Core recommends using educationLevel with an appropriate controlled vocabulary for context, and recommends the U.S. Department of Education's Level of Education vocabulary online at http://www.ed.gov/admin/reference/index.jsp. Using educationLevel obviates the need for a separate field for gradeRange since dc elements can repeat more than once. A book used in more than one grade would therefore have two elements, one with value “Grade 4” and another with value “Grade 5.”

A final determination as to which of these specific metadata elements to use needs to be clarified in practice. The package manifest must list all provided files (text, images, etc.).

( Note: For purposes of continuity and to minimize errors in transformation and processing, the NIMAS-compliant digital text should be provided as a single document.)

3. Modular Extensions

The most current DAISY/NISO standard, formally the ANSI/NISO Z39.86, Specifications for the Digital Talking Book defines a comprehensive system for creating Digital Talking Books. A part of this standard is DTBook, an XML vocabulary that provides a core set of elements needed to produce most types of books. However, DTBook is not intended to be an exhaustive vocabulary for all types of books.

Guidelines for the correct approach to extend the DAISY/NISO standard have been established. Mathematics, video support, testing, workbooks, music, dictionaries, chemistry, and searching are some of the extensions that have been discussed. Visit http://www.daisy.org/z3986/ to learn more about modular extensions.

End

Appendix D Appendix D to Part 300—Maintenance of Effort and Early Intervening Services

LEAs that seek to reduce their local maintenance of effort in accordance with § 300.205(d) and use some of their Part B funds for early intervening services under § 300.226 must do so with caution because the local maintenance of effort reduction provision and the authority to use Part B funds for early intervening services are interconnected. The decisions that an LEA makes about the amount of funds that it uses for one purpose affect the amount that it may use for the other. Below are examples that illustrate how §§ 300.205(d) and 300.226(a) affect one another.

Example 1:

In this example, the amount that is 15 percent of the LEA's total grant (see § 300.226(a)), which is the maximum amount that the LEA may use for early intervening services (EIS), is greater than the amount that may be used for local maintenance of effort (MOE) reduction (50 percent of the increase in the LEA's grant from the prior year's grant) (see § 300.205(a)).

Prior Year's Allocation

$900,000.

Current Year's Allocation

1,000,000.

Increase

100,000.

Maximum Available for MOE Reduction

50,000.

Maximum Available for EIS

150,000.

If the LEA chooses to set aside $150,000 for EIS, it may not reduce its MOE (MOE maximum $50,000 less $150,000 for EIS means $0 can be used for MOE).

If the LEA chooses to set aside $100,000 for EIS, it may not reduce its MOE (MOE maximum $50,000 less $100,000 for EIS means $0 can be used for MOE).

If the LEA chooses to set aside $50,000 for EIS, it may not reduce its MOE (MOE maximum $50,000 less $50,000 for EIS means $0 can be used for MOE).

If the LEA chooses to set aside $30,000 for EIS, it may reduce its MOE by $20,000 (MOE maximum $50,000 less $30,000 for EIS means $20,000 can be used for MOE).

If the LEA chooses to set aside $0 for EIS, it may reduce its MOE by $50,000 (MOE maximum $50,000 less $0 for EIS means $50,000 can be used for MOE).

Example 2:

In this example, the amount that is 15 percent of the LEA's total grant (see § 300.226(a)), which is the maximum amount that the LEA may use for EIS, is less than the amount that may be used for MOE reduction (50 percent of the increase in the LEA's grant from the prior year's grant) (see § 300.205(a)).

Prior Year's Allocation

$1,000,000.

Current Year's Allocation

2,000,000.

Increase

1,000,000.

Maximum Available for MOE Reduction

500,000.

Maximum Available for EIS

300,000.

If the LEA chooses to use no funds for MOE, it may set aside $300,000 for EIS (EIS maximum $300,000 less $0 means $300,000 for EIS).

If the LEA chooses to use $100,000 for MOE, it may set aside $200,000 for EIS (EIS maximum $300,000 less $100,000 means $200,000 for EIS).

If the LEA chooses to use $150,000 for MOE, it may set aside $150,000 for EIS (EIS maximum $300,000 less $150,000 means $150,000 for EIS).

If the LEA chooses to use $300,000 for MOE, it may not set aside anything for EIS (EIS maximum $300,000 less $300,000 means $0 for EIS).

If the LEA chooses to use $500,000 for MOE, it may not set aside anything for EIS (EIS maximum $300,000 less $500,000 means $0 for EIS).

Appendix E Appendix E to Part 300—Local Educational Agency Maintenance of Effort Calculation Examples

The following tables provide examples of calculating LEA MOE. Figures are in $10,000s. All references to a “fiscal year” in these tables refer to the fiscal year covering that school year, unless otherwise noted.

Tables 1 through 4 provide examples of how an LEA complies with the Subsequent Years rule. In Table 1, for example, an LEA spent $1 million in Fiscal Year (FY) 2012-2013 on the education of children with disabilities. In the following year, the LEA was required to spend at least $1 million but spent only $900,000. In FY 2014-2015, therefore, the LEA was required to spend $1 million, the amount it was required to spend in FY 2013-2014, not the $900,000 it actually spent.

Table 1—Example of Level of Effort Required To Meet MOE Compliance Standard in Year Following a Year in Which LEA Failed To Meet MOE Compliance Standard

Fiscal year

Actual level of effort

Required level of effort

Notes

2012-2013

$100

$100

LEA met MOE.

2013-2014

90

100

LEA did not meet MOE.

2014-2015

100

Required level of effort is $100 despite LEA's failure in 2013-2014.

Table 2 shows how to calculate the required amount of effort when there are consecutive fiscal years in which an LEA does not meet MOE.

Table 2—Example of Level of Effort Required To Meet MOE Compliance Standard in Year Following Consecutive Years in Which LEA Failed To Meet MOE Compliance Standard

Fiscal year

Actual level of effort

Required level of effort

Notes

2012-2013

$100

$100

LEA met MOE.

2013-2014

90

100

LEA did not meet MOE.

2014-2015

90

100

LEA did not meet MOE. Required level of effort is $100 despite LEA's failure in 2013-2014.

2015-2016

100

Required level of effort is $100 despite LEA's failure in 2013-2014 and 2014-2015.

Table 3 shows how to calculate the required level of effort in a fiscal year after the year in which an LEA spent more than the required amount on the education of children with disabilities. This LEA spent $1.1 million in FY 2015-2016 though only $1 million was required. The required level of effort in FY 2016-2017, therefore, is $1.1 million.

Table 3—Example of Level of Effort Required To Meet MOE Compliance Standard in Year Following Year in Which LEA Met MOE Compliance Standard

Fiscal year

Actual level of effort

Required level of effort

Notes

2012-2013

$100

$100

LEA met MOE.

2013-2014

90

100

LEA did not meet MOE.

2014-2015

90

100

LEA did not meet MOE. Required level of effort is $100 despite LEA's failure in 2013-2014.

2015-2016

110

100

LEA met MOE.

2016-2017

110

Required level of effort is $110 because LEA expended $110, and met MOE, in 2015-2016.

Table 4 shows the same calculation when, in an intervening fiscal year, 2016-2017, the LEA did not maintain effort.

Table 4—Example of Level of Effort Required To Meet MOE Compliance Standard in Year Following Year in Which LEA Did Not Meet MOE Compliance Standard

Fiscal year

Actual level of effort

Required level of effort

Notes

2012-2013

$100

$100

LEA met MOE.

2013-2014

90

100

LEA did not meet MOE.

2014-2015

90

100

LEA did not meet MOE. Required level of effort is $100 despite LEA's failure in 2013-2014.

2015-2016

110

100

LEA met MOE.

2016-2017

100

110

LEA did not meet MOE. Required level of effort is $110 because LEA expended $110, and met MOE, in 2015-2016.

2017-2018

110

Required level of effort is $110, despite LEA's failure in 2016-2017.

Table 5 provides an example of how an LEA may meet the compliance standard using alternate methods from year to year without using the exceptions or adjustment in §§ 300.204 and 300.205, and provides information on the following scenario. In FY 2015-2016, the LEA meets the compliance standard using all four methods. As a result, in order to demonstrate that it met the compliance standard using any one of the four methods in FY 2016-2017, the LEA must expend at least as much as it did in FY 2015-2016 using that same method. Because the LEA spent the same amount in FY 2016-2017 as it did in FY 2015-2016, calculated using a combination of State and local funds and a combination of State and local funds on a per capita basis, the LEA met the compliance standard using both of those methods in FY 2016-2017. However, the LEA did not meet the compliance standard in FY 2016-2017 using the other two methods—local funds only or local funds only on a per capita basis—because it did not spend at least the same amount in FY 2016-2017 as it did in FY 2015-2016 using the same methods.

Table 5—Example of How an LEA May Meet the Compliance Standard Using Alternate Methods From Year to Year

Fiscal year

Local funds only

Combination of State and local funds

Local funds only on a per capita basis

Combination of State and local funds on a per capita basis

Child count

2015-2016

* $500

* $950

* $50

* $95

10

2016-2017

400

* 950

40

* 95

10

2017-2018

* 500

900

* 50

90

10

* LEA met compliance standard using this method.

Table 6 provides an example of how an LEA may meet the compliance standard using alternate methods from year to year in years in which the LEA used the exceptions or adjustment in §§ 300.204 and 300.205, including using the per capita methods.

Table 6—Example of How an LEA May Meet the Compliance Standard Using Alternate Methods From Year to Year and Using Exceptions or Adjustment Under §§ 300.204 and 300.205

Fiscal year

Local funds only

Combination of State and local funds

Local funds only on a per capita basis

Combination of State and local funds on a per capita basis

Child count

2015- 2016

$500 *

$950 *

$50 *

$95 *

10

2016- 2017

400

950 *

40

95 *

10

2017-2018

450 *

1,000 *

45 *

100 *

10

In 2017-2018, the LEA was required to spend at least the same amount in local funds only that it spent in the preceding fiscal year, subject to the Subsequent Years rule. Therefore, prior to taking any exceptions or adjustment in §§ 300.204 and 300.205, the LEA was required to spend at least $500 in local funds only In 2017-2018, the LEA properly reduced its expenditures, per an exception in § 300.204, by $50, and therefore, was required to spend at least $450 in local funds only ($500) from 2015-2016 per Subsequent Years rule − $50 allowable reduction per an exception under § 300.204)

In 2017-2018, the LEA was required to spend at least the same amount in local funds only on a per capita basis that it spent in the preceding fiscal year, subject to the Subsequent Years rule. Therefore, prior to taking any exceptions or adjustment in §§ 300.204 and 300.205, the LEA was required to spend at least $50 in local funds only on a per capita basis In 2017-2018, the LEA properly reduced its aggregate expenditures, per an exception in § 300.204, by $50 $50/10 children with disabilities in the comparison year (2015-2016) = $5 per capita allowable reduction per an exception under § 300.204 $50 local funds only on a per capita basis (from 2015-2016 per Subsequent Years rule) − $5 allowable reduction per an exception under § 300.204 = $45 local funds only on a per capita basis to meet MOE

2018-2019

405

1,000 *

45 *

111.11 *

9

In 2018-2019, the LEA was required to spend at least the same amount in local funds only that it spent in the preceding fiscal year, subject to the Subsequent Years rule. Therefore, prior to taking any exceptions or adjustment in §§ 300.204 and 300.205, the LEA was required to spend at least $450 in local funds only In 2018-2019, the LEA properly reduced its expenditures, per an exception in § 300.204 by $10 and the adjustment in § 300.205 by $10 Therefore, the LEA was required to spend at least $430 in local funds only. ($450 from 2017-2018 − $20 allowable reduction per an exception and the adjustment under §§ 300.204 and 300.205)

Because the LEA did not reduce its expenditures from the comparison year (2017-2018) using a combination of State and local funds, the LEA met MOE

In 2018-2019, the LEA was required to spend at least the same amount in local funds only on a per capita basis that it spent in the preceding fiscal year, subject to the Subsequent Years rule. Therefore, prior to taking any exceptions or adjustment in §§ 300.204 and 300.205, the LEA was required to spend at least $45 in local funds only on a per capita basis In 2018-2019, the LEA properly reduced its aggregate expenditures, per an exception in § 300.204 by $10 and the adjustment in § 300.205 by $10 $20/10 children with disabilities in the comparison year (2017-2018) = $2 per capita allowable reduction per an exception and the adjustment under §§ 300.204 and 300.205 $45 local funds only on a per capita basis (from 2017-2018) − $2 allowable reduction per an exception and the adjustment under §§ 300.204 and 300.205 = $43 local funds only on a per capita basis required to meet MOE. Actual level of effort is $405/9 (the current year child count)

Because the LEA did not reduce its expenditures from the comparison year (2017-2018) using a combination of State and local funds on a per capita basis ($1,000/9 = $111.11 and $111.11 > $100), the LEA met MOE

* LEA met MOE using this method.

Note: When calculating any exception(s) and/or adjustment on a per capita basis for the purpose of determining the required level of effort, the LEA must use the child count from the comparison year, and not the child count of the year in which the LEA took the exception(s) and/or adjustment. When determining the actual level of effort on a per capita basis, the LEA must use the child count for the current year. For example, in 2018-2019, the LEA uses a child count of 9, not the child count of 10 in the comparison year, to determine the actual level of effort.

Tables 7 and 8 demonstrate how an LEA could meet the eligibility standard over a period of years using different methods from year to year. These tables assume that the LEA did not take any of the exceptions or adjustment in §§ 300.204 and 300.205. Numbers are in $10,000s budgeted and spent for the education of children with disabilities.

Table 7—Example of How an LEA May Meet the Eligibility Standard in 2016-2017 Using Different Methods

Fiscal year

Local funds only

Combination of State and local funds

Local funds only on a per capita basis

Combination of State and local funds on a per capita basis

Child count

Notes

2014-2015

* $500

* $1,000

* $50

* $100

10

The LEA met the compliance standard using all 4 methods.*

2015-2016

Final information not available at time of budgeting for 2016-2017.

How much must the LEA budget for 2016-2017 to meet the eligibility standard in 2016-2017?

500

1,000

50

100

When the LEA submits a budget for 2016-2017, the most recent fiscal year for which the LEA has information is 2014-2015. It is not necessary for the LEA to consider information on expenditures for a fiscal year prior to 2014-2015 because the LEA maintained effort in 2014-2015. Therefore, the Subsequent Years rule in § 300.203(c) is not applicable.

* The LEA met the compliance standard using all 4 methods.

Table 8—Example of How an LEA May Meet the Eligibility Standard in 2017-2018 Using Different Methods and the Application of the Subsequent Years Rule

Fiscal year

Local funds only

Combination of State and local funds

Local funds only on a per capita basis

Combination of State and local funds on a per capita basis

Child count

Notes

2014-2015

* $500

* $1,000

* $50

* $100

10

2015-2016

450

* 1,000

45

* 100

10

2016-2017

Final information not available at time of budgeting for 2017-2018.

How much must the LEA budget for 2017-2018 to meet the eligibility standard in 2017-2018?

500

1,000

50

100

If the LEA seeks to use a combination of State and local funds, or a combination of State and local funds on a per capita basis, to meet the eligibility standard, the LEA does not consider information on expenditures for a fiscal year prior to 2015-2016 because the LEA maintained effort in 2015-2016 using those methods.

However, if the LEA seeks to use local funds only, or local funds only on a per capita basis, to meet the eligibility standard, the LEA must use information on expenditures for a fiscal year prior to 2015-2016 because the LEA did not maintain effort in 2015-2016 using either of those methods, per the Subsequent Years rule. That is, the LEA must determine what it should have spent in 2015-2016 using either of those methods, and that is the amount that the LEA must budget in 2017-2018.

* LEA met MOE using this method.

Table 9 provides an example of how an LEA may consider the exceptions and adjustment in §§ 300.204 and 300.205 when budgeting for the expenditures for the education of children with disabilities.

Table 9—Example of How an LEA May Meet the Eligibility Standard Using Exceptions and Adjustment in §§ 300.204 and 300.205, 2016-2017

Fiscal year

Local funds only

Combination of State and local funds

Local funds only on a per capita basis

Combination of State and local funds on a per capita basis

Child count

Notes

Actual 2014-2015 expenditures

* $500

* $1,000

* $50

* $100

10

The LEA met the compliance standard using all 4 methods.*

Exceptions and adjustment taken in 2015-2016

−50

−50

−5

−5

LEA uses the child count number from the comparison year (2014-2015).

Exceptions and adjustment the LEA reasonably expects to take in 2016-2017

−25

−25

−2.50

−2.50

LEA uses the child count number from the comparison year (2014-2015).

How much must the LEA budget to meet the eligibility standard in 2016-2017?

425

925

42.50

92.50

When the LEA submits a budget for 2016-2017, the most recent fiscal year for which the LEA has information is 2014-2015. However, if the LEA has information on exceptions and adjustment taken in 2015-2016, the LEA may use that information when budgeting for 2016-2017. The LEA may also use information that it has on any exceptions and adjustment it reasonably expects to take in 2016-2017 when budgeting for that year.

Table 10 provides examples both of how to calculate the amount by which an LEA failed to maintain its level of expenditures and of the amount of non-Federal funds that an SEA must return to the Department on account of that failure.

Table 10—Example of How To Calculate the Amount of an LEA's Failure to Meet the Compliance Standard in 2016-2017 and the Amount That an SEA Must Return to the Department

Fiscal year

Local funds only

Combination of State and local funds

Local funds only on a per capita basis

Combination of State and local funds on a per capita basis

Child count

Amount of IDEA Part B subgrant

2015-2016

* $500

* $950

$50 *

$95 *

Not relevant.

2016-2017

400

750

40

75

10

$50

Amount by which an LEA failed to maintain its level of expenditures in 2016-2017

100

200

100 (the amount of the failure equals the amount of the per capita shortfall ($10) times the number of children with disabilities in 2016-2017 (10))

200 (the amount of the failure equals the amount of the per capita shortfall ($20) times the number of children with disabilities in 2016-2017 (10))

The SEA determines that the amount of the LEA's failure is $100 using the calculation method that results in the lowest amount of a failure. The SEA's liability is the lesser of the four calculated shortfalls and the amount of the LEA's Part B subgrant in the fiscal year in which the LEA failed to meet the compliance standard. In this case, the SEA must return $50 to the Department because the LEA's IDEA Part B subgrant was $50, and that is the lower amount.

* LEA met MOE using this method.

Appendix F Appendix F to Part 300—Index for IDEA—Part B Regulations (34 CFR Part 300)

ACCESS TO

• Access rights (Parents)

300.613.

• Assistive technology devices in child's home

300.105(b).

• Disciplinary records

300.229.

• Education records (Procedural safeguards notice)

300.504(c)(4).

• General curriculum (Ensure access to)

300.39(b)(3)(ii).

• Instructional materials (see §§ 300.172, 300.210).

• List of employees who may have access to records

300.623(d).

• Parent's private insurance proceeds

300.154(e).

• Record of access (Confidentiality)

300.614.

ACCESSIBILITY STANDARDS (Regarding construction)

• Americans with Disabilities Accessibility Standards for Buildings and Facilities

300.718(b)(1).

• Uniform Federal Accessibility Standards

300.718(b)(2).

ACCOMMODATIONS

• In assessments

300.320(a)(6)(i).

• State level activities in support of

300.704(b)(4)(x).

ACT (Definition)

300.4.

ADD AND ADHD (See “Attention deficit disorder” and “Attention deficit hyperactivity disorder”)

ADDITIONAL DISCLOSURE OF INFORMATION REQUIREMENT

300.512(b).

ADULT CORRECTIONAL FACILITIES (See “Correctional facilities”)

ADULT PRISONS (Children with disabilities in)

• Divided State agency responsibility

300.607.

• FAPE requirements:

Ο Exception to FAPE

300.102(a)(2).

Ο Modifications of IEP or placement

300.324(d)(2).

Ο Requirements that do not apply

300.324(d)(1).

• Governor

300.149(d).

• Other public agency responsibility

300.149(d).

ADVERSELY AFFECTS EDUCATIONAL PERFORMANCE (See “Child with a disability,” § 300.8(c)(1)(i), (c)(3), (c)(4)(i), (c)(5), (c)(6), (c)(8), (c)(9)(ii), (c)(11), (c)(12))

ADVISORY BOARD

(Secretary of the Interior)

300.714.

ADVISORY PANEL (See “State advisory panel”)

AGE-APPROPRIATE CLASSROOM

300.116(e).

ALLOCATION(S)

• By-pass for private school children (see § 300.191(d)).

• To LEAs (see §§ 300.705(b), 300.816)

• To Outlying areas

300.701(a).

• To Secretary of the Interior

300.707.

• To States (see §§ 300.703, 300.807 through 300.810)

ALLOWABLE COSTS

(By SEA for State administration)

300.704(a).

ALTERATION OF FACILITIES

300.718(b).

ALTERNATE ASSESSMENTS

• Aligned with alternate academic achievement standards

300.320(a)(2)(ii).

• Development and provision of in accordance with ESEA

300.704(b)(4)(x).

• Participation determined by IEP Team

300.320(a)(6)(ii).

ALTERNATIVE PLACEMENTS (Continuum)

300.115.

ALTERNATIVE STRATEGIES to meet transition objectives

300.324(c)(1).

AMENDMENTS

• To LEA policies and procedures

300.220(b).

• To State policies and procedures:

Ο Made by State

300.176(b).

Ο Required by the Secretary

300.176(c).

ANNUAL GOALS (IEPs)

• FAPE for children suspended or expelled (see §§ 300.101(a), 300.530(d))

• IEP content:

Ο How progress will be measured

300.320(a)(3).

Ο Special education and related services

300.320(a)(4).

Ο Statement of measurable annual goals

300.320(a)(2)(i).

• Review and revision of IEP

300.324(b)(1).

• Review of existing evaluation data

300.305(a).

ANNUAL REPORT

Of children served (see §§ 300.640 through 300.646)

On education of Indian children

300.715.

APPENDICES TO PART 300 (A through E)

Excess Costs Calculation (see appendix A)

Proportionate Share Calculation (see appendix B)

National Instructional Materials Accessibility Standard (NIMAS) (see appendix C)

Maintenance of Effort and Early Intervening Services (see appendix D)

Index for IDEA—Part B Regulations (This appendix E)

APPLICABILITY OF THIS PART to State, local, and private agencies

300.2.

APPLICATION

• Initial admission to public school

300.518(b).

• Initial services

300.518(c).

ASSESSMENT(S)

• For specific learning disability (see § 300.309(a)(2)(ii), (b)(2))

• Functional behavioral assessment (see § 300.530(d)(1)(ii), (f)(1)(i))

• In evaluation (see §§ 300.304(b), (c), 300.305(a)(1)(ii), (c), (d))

• Of leisure function (in “Recreation”)

300.34(c)(11)(i).

ASSESSMENTS—STATE and DISTRICT-WIDE

Alternate assessments (see § 300.320 (a)(2)(ii), (a)(6)(ii))

Performance indicators

300.157.

ASSISTANCE UNDER OTHER FEDERAL PROGRAMS

300.186.

ASSISTIVE TECHNOLOGY (AT)

• AT devices

300.5.

• AT services

300.6.

• Consideration of special factors

300.324(a)(2)(v).

• Hearing aids

300.113.

• Requirement:

Ο Ensure availability of

300.105(a).

Ο Use of AT in child's home

300.105(b).

• Surgically implanted medical devices (see §§ 300.5, 300.34(b), 300.113(b))

ASTHMA

300.8(c)(9).

ATTENTION DEFICIT DISORDER (ADD)

300.8(c)(9).

ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD)

300.8(c)(9).

ATTORNEYS' FEES

300.517.

• Award of fees

300.517(c).

• Prohibition on use of funds for

300.517(b).

• When court reduces fee awards

300.517(c)(4).

AUDIOLOGY

300.34(c)(1).

AUTHORITY (A-O)

• Of guardian

300.30(a)(3).

• Of hearing officer (Discipline)

300.532(b).

• Of school personnel (Discipline)

300.530.

• Of Secretary to monitor and enforce

300.609.

AUTHORITY (P-Z)

• Parental authority to inspect and review records

300.613.

• State complaint procedures

300.151(b).

• Waiver request (Signed by person with authority)

300.164(c)(1).

AUTISM

300.8(c)(1).

AVERAGE PER-PUPIL EXPENDITURE

(Definition)

300.717(d).

BASE PAYMENTS (to LEAs) (See § 300.705(b)(1), (b)(2))

BASIS OF KNOWLEDGE: Protection for children not yet eligible

300.534(b).

BEHAVIORAL ASSESSMENT (See “Functional behavioral assessment”)

BEHAVIORAL INTERVENTION(S)

300.530(f).

• Assist in developing

300.34(c)(10)(vi).

• Behavioral intervention plan

300.530(f).

• Consideration of by IEP Team

300.324(a)(2)(i).

• Not a manifestation of disability

300.530(d).

• Regular education teacher (Determination of)

300.324(a)(3).

• Suspension and expulsion rates

300.170(b).

BENCHMARKS OR SHORT TERM OBJECTIVES

300.320(a)(2)(ii).

BENEFITS TO NONDISABLED (Permissive use of funds)

300.208(a)(1).

BIA (See “Bureau of Indian Affairs”)

BLIND(NESS): Under “Visual impairment”

• Access to instructional materials (see §§ 300.172, 300.210(b)(3))

• Consideration of special factors by IEP Team

300.324(a)(2).

• Definition

300.8(c)(13).

BRAILLE (see §§ 300.29(b), 300.324(a)(2)(iii))

BUREAU OF INDIAN AFFAIRS (BIA)

• BIA funded schools

300.28(c).

• In definition of “LEA”

300.28(c).

• See also §§ 300.21(c), 300.713(b), (d), 300.714

• Use of funds

300.712(d).

BUSINESS DAY

• Definition

300.11(b).

• See “Timelines,” “Timelines—Discipline”

BY-PASS: Private school children with disabilities (see §§ 300.190 through 300.198)

CALENDAR DAY

• Definition

300.11(a).

• See “Timelines,” “Timelines—Discipline”

CERTIFICATION

• Annual report of children served

300.643.

CHANGE OF PLACEMENT BECAUSE OF DISCIPLINARY REMOVALS

300.536.

CHARTER SCHOOLS

• Applicability of this part to

300.2(b)(1)(ii).

• Definition

300.7.

• Exception: joint establishment of eligibility

300.223(b).

• In definition of “Elementary school”

300.13.

• In definition of “LEA”

300.28(b)(2).

• In definition of “Public agency”

300.33.

• In definition of “Secondary school”

300.36.

• State-level activities regarding charter schools

300.704(b)(4)(ix).

• Treatment of charter schools and their students

300.209.

CHIEF EXECUTIVE OFFICER (CEO)

• Adult prisons (Assigned by Governor)

300.149(d).

• Methods of ensuring services (see § 300.154(a), (c))

CHILD COUNT

• Annual report of children served (see §§ 300.640 through 300.646)

• Certification

300.643.

• Criteria for

300.644.

• Dates for count

300.641(a).

• Indian children

300.712(b).

• LEA records of private school children

300.132(c).

• Procedures for counting children served

300.645(a).

CHILD FIND

• Basic requirement

300.111(a).

• Children advancing from grade to grade

300.111(c)(1).

• Developmental delay

300.111(b).

• Highly mobile children

300.111(c)(2).

• Homeless children

300.111(a)(1)(i).

• Indian children aged 3 through 5

300.712(d)(1).

• Migrant children

300.111(c)(2).

• Private school children

300.131(b).

• Protections for children not determined eligible

300.534.

• Secretaries of the Interior and Health and Human Services (Memo of agreement)

300.708(i)(2).

CHILD WITH A DISABILITY (CWD)

• Adversely affects educational performance (see § 300.8(c)(1)(i), (c)(3), (c)(4)(i), (c)(5), (c)(6), (c)(8), (c)(9)(ii), (c)(11), (c)(12), (c)(13))

• Children experiencing developmental delay(s)

300.8(b)(1).

• Children who need only a related service

300.8(a)(2).

• Definition

300.8(a)(1).

• Individual disability terms (Defined)

300.8(c).

• Requirement

300.111(b).

• See “Developmental delay(s)”

CHILD'S STATUS DURING PROCEEDINGS

• Discipline (see §§ 300.530(f)(2), 300.533)

• Pendency (Stay put)

300.518.

CHILDREN ADVANCING FROM GRADE TO GRADE

• Child find

300.111(c)(1).

• FAPE

300.101(c).

CHILDREN EXPERIENCING DEVELOPMENTAL DELAY(S) (See “Developmental delay(s)”)

CHILDREN'S RIGHTS (Confidentiality)

300.625.

CIVIL ACTION—PROCEEDINGS

300.516.

• Finality of review decision

300.514(d).

• Mediation

300.506(b)(6)(i).

• Procedural safeguards notice

300.504(c)(12).

• See “Court(s)”

COCHLEAR IMPLANT (See “Surgically implanted medical device”)

300.34(b).

CODE OF CONDUCT

• Case-by-case determination

300.530(a).

• Manifestation determination review

300.530(e).

• Protections for children not determined eligible

300.534(a).

COMMINGLING—PROHIBITION AGAINST

300.162(b).

COMMUNITY-BASED WAIVERS (Public benefits or insurance)

300.154(d)(2)(iii).

COMPLAINT(S): DUE PROCESS

• Attorneys' fees

300.517(a)(1).

• Civil action

300.516(a).

• Pendency

300.518(a).

• Private school children (Complaints)

300.140(c).

• See “Due process hearing(s) and reviews”

COMPLAINT(S): STATE COMPLAINT PROCEDURES (A-P)

• Adoption of State complaint procedures

300.151(a).

• Complaint investigations (SEA allocations for)

300.704(b)(3)(i).

• Filing a complaint

300.153(a).

• Minimum State complaint procedures

300.152.

• Private schools (State complaints)

300.140.

• Procedural safeguards notice

300.504(c).

• Provisions for services under by-pass

300.191(d).

• Public agency failure to implement hearing decision

300.152(c)(3).

COMPLAINT(S): STATE COMPLAINT PROCEDURES (Q-Z)

• See also §§ 300.151 through 300.153

• Time limit

300.152(a).

• Waiver of nonsupplanting requirement

300.163(c)(2).

COMPLIANCE—COMPLY (A-M)

• Child find requirements

300.111(a).

• Department procedures (If failure to comply)

300.604(c).

• FAPE requirement

300.101(a).

• LEA and State agency compliance

300.222(a).

• LRE (State funding mechanism)

300.114(b).

• Modifications of policies:

Ο Made by LEA or State agency

300.176(b).

Ο Required by SEA

300.220(c).

Ο Required by Secretary

300.176(c).

• Monitoring (See “Monitor; Monitoring activities”);

COMPLIANCE—COMPLY (N-Z)

• Physical education

300.108.

• Private school placement by parents

300.148(e).

• Private school placements by public agencies:

Ο IEP requirement

300.325(c).

Ο SEA (Monitor compliance)

300.147(a)

• Public participation requirements

300.165.

• SEA responsibility if LEA does not comply

300.227(a).

• State funding mechanism (LRE)

300.114(b).

• COMPREHENSIVE EVALUATION

300.304(c)(6).

CONDITION OF ASSISTANCE

• LEA eligibility

300.200.

• State eligibility

300.100.

CONFIDENTIALITY (A-C)

• Access rights

300.613.

• Children's rights

300.625.

• Consent

300.622.

CONFIDENTIALITY (D-E)

Definitions:

Ο Destruction of information

300.611(a).

Ο Education records

300.611(b).

Ο Participating agency

300.611(c).

• Department use of personally identifiable information

300.627.

• Disciplinary information

300.229.

• Enforcement by SEA

300.626.

CONFIDENTIALITY (F-Z)

• Family Educational Rights and Privacy Act:

Ο Children's rights

300.625.

Ο Disciplinary records

300.535(b)(2).

Ο In definition of “Education records”

300.611(b).

Ο Notice to parents

300.612(a)(3).

• Fees

300.617.

• Hearing procedures

300.621.

• List of types and location of information

300.616.

• Notice to parents

300.612(a).

• Opportunity for a hearing

300.619.

• Parental authority to inspect and review records

300.613(b).

• Record of access

300.614.

• Records on more than one child

300.615.

• Result of hearing

300.620.

• Safeguards

300.623.

• State eligibility requirement

300.123.

CONSENT (A-I)

• Confidentiality (Records to non-agency officials)

300.622(a).

• Definition

300.9.

• IEP vs. IFSP

300.323(b)(2)(ii).

• Initial evaluations

300.300(a).

• Initial provision of services

300.300(b).

CONSENT (J-Z)

• Not required:

Ο Before administering a test or other evaluation to all children

300.300(d)(1)(ii).

Ο Before reviewing existing data

300.300(d)(1)(i).

Ο When screening for instructional purposes

300.302.

• Private insurance (Accessing)

300.154(e)(1).

• Reasonable efforts to obtain consent:

Ο For initial evaluation

300.300(a)(1)(iii).

Ο For initial evaluations for wards of the State

300.300(a)(2).

Ο For initial provision of services

300.300(b)(2).

Ο Reasonable efforts requirements

300.300(d)(5).

• Reevaluations

300.300(c)(2).

• Release of information from education records

300.622.

CONSIDERATION OF SPECIAL FACTORS (by IEP Team)

300.324(a)(2).

CONSISTENCY WITH STATE POLICIES: LEA

300.201.

CONSTRUCTION

• Accessibility standards

300.718(b).

• Exception to maintenance of effort (Termination of costly expenditures for construction)

300.204(d).

• Private schools (No funds may be used for)

300.144(e).

CONSTRUCTION CLAUSES (A-I)

• Child find (Nothing requires classifying children by disability)

300.111(d).

• Civil action (Exhaust administrative remedies under Part B before filing a civil action)

300.516(e).

• Early intervening services

300.226(c).

• Funding mandated by State law

300.166.

• Hearing: right of parent to appeal decision

300.513(b).

• Highly qualified SEA or LEA staff

300.156(e).

• Highly qualified teacher

300.18(f).

• IEP (Inclusion of additional information beyond explicit requirements)

300.320(d)(1).

• IEP (Information in more than one component not required)

300.320(d)(2).

CONSTRUCTION CLAUSES (J-Z)

• Prohibition on mandatory medication

300.174(b).

• Referral to and action by law enforcement and judicial authorities

300.535(a).

• Secretary's authority to monitor enforcement under GEPA

300.609.

• State Medicaid agency (Nothing alters requirements imposed under Titles XIX or XXI or other public benefits or insurance program)

300.154(h).

• Transition service

300.324(c)(2).

CONSUMER PRICE INDEX For All Urban Consumers (regarding rate of inflation) (See §§ 300.702(b), 300.704(a)(2)(ii), (b)(2), 300.812(b)(2))

CONTENT OF IEP

300.320(a).

CONTINUUM OF ALTERNATIVE PLACEMENTS (See “Least restrictive environment”)

300.115.

CONTROLLED SUBSTANCE (Definition)

300.530(i)(1).

COORDINATION OF SERVICES

• Methods of ensuring services

300.154(a).

• Secretary of the Interior

300.708(i)(1).

Ο Advisory board (Service coordination within BIA)

300.714(b)(1).

Ο Payments for children aged 3 through 5

300.712(a).

Ο Plan for coordination of services

300.713.

• See “Interagency agreements,” “Interagency coordination”

• State advisory panel (Advise SEA on)

300.169(e).

• Use of LEA funds for early intervening services

300.208(a)(2).

• Use of SEA allocations for transition

300.704(b)(4)(vi).

CO-PAY OR DEDUCTIBLE (Public benefits or insurance)

300.154(d)(2)(ii).

CORE ACADEMIC SUBJECTS

• Definition

300.10.

• See “Highly qualified special education teachers”

300.18.

CORRECTIONAL FACILITIES

• Applicability of this part to

300.2(b)(1)(iv).

• Divided State agency responsibility

300.607.

• Exception to FAPE (Children in adult facilities)

300.102(a)(2).

• See also “Adult prisons”

• State advisory panel (Representatives on)

300.168(a)(11).

• State juvenile-adult correctional facilities

300.2(b)(1)(iv).

• Transfer of rights to children in

300.520(a)(2).

CORRECTIVE ACTION (PLAN)

• Corrective actions to achieve compliance (see §§ 300.152(b)(2)(iii), 300.607)

• Monitoring activities

300.120(b)(2).

• Needs intervention by Secretary

300.604(b)(2)(i).

• State advisory panel (Advise SEA on)

300.169(d).

COUNSELING SERVICES (Definition)

300.34(c)(2).

COUNT (See “Child count”)

COURT(S)

• Attorneys' fees

300.517.

• Civil action

300.516.

• Court order:

Ο Exception to FAPE for certain ages

300.102(a)(1).

• Judicial review:

Ο By-pass

300.197.

Ο Department procedures

300.184.

• New interpretation of Act by courts requiring modification

300.176(c)(2).

• Reimbursement for private school placement (see § 300.148(b) through (e))

CRIME (See “Reporting a crime”)

300.535.

CRITERIA (A-I)

• Child count

300.644.

• Child eligibility (Determinant factor)

300.306(b)(1).

• IEP Team (Public agency representative)

300.321(a)(4).

• Independent educational evaluation

300.502.

CRITERIA (J-Z)

• Specific learning disability (see §§ 300.307, 300.309)

• Surrogate parents

300.519(d).

CURRENT PLACEMENT (Discipline)

• Authority of hearing officer

300.532(b).

• Placement during appeals

300.533.

DATA (A-L)

• Allocation of remaining funds to LEAs

300.816(d).

• Average per-pupil expenditure (Definition)

300.717(d).

• By-pass (Provision of services under)

300.191(c)(2).

• Determination of needed evaluation data

300.305(c).

• Disaggregated data

300.704(b)(4)(xi).

• Evaluation data:

Ο Procedures for determining eligibility and placement

300.306(c).

Ο Review of existing data

300.305(a)(1).

• Grants to States most recent data

300.703(c)(1)(ii).

• LRE (Placements—meaning of evaluation data

300.116(a)(1).

DATA (M-Z)

• Parental consent (Not required for reviewing existing evaluation data)

300.300(d)(1)(i).

• State advisory council (Advise SEA on)

300.169(c).

• Suspension and expulsion rates

300.170(a).

DAY

• Business day (Definition)

300.11(b).

• Day (Calendar)

300.11(a).

• Discipline (See “Timelines—Discipline”)

• School day (Definition)

300.11(c).

• See “Timelines”

DECREASE IN ENROLLMENT (Exception to LEA maintenance of effort)

300.204(b).

DECREASE IN FUNDS (To States)

300.703(d).

DEDUCTIBLE OR CO-PAY (Public benefits or insurance)

300.154(d)(2)(ii).

DEFINITIONS (A-D)

• Act

300.4.

• Assistive technology device

300.5.

• Assistive technology service

300.6.

• At no cost

300.39(b)(1).

• Audiology

300.34(c)(1).

• Autism

300.8(c)(1).

• Average per-pupil expenditure in public elementary and secondary schools in the United States

300.717(d).

• Business day

300.11(b).

• Charter school

300.7.

• Child with a disability

300.8(a)(1).

• Consent

300.9.

• Controlled substance

300.530(i)(1).

• Core academic subjects

300.10.

• Counseling services

300.34(c)(2).

• Day; business day; school day

300.11.

• Deaf-blindness

300.8(c)(2).

• Deafness

300.8(c)(3).

• Destruction (Of information)

300.611(a).

• Developmental delays(s)

300.8(b).

DEFINITIONS (E-H)

• Early identification and assessment

300.34(c)(3).

• Education records

300.611(b).

• Educational service agency

300.12.

• Elementary school

300.13.

• Emotional disturbance

300.8(c)(4).

• Equipment

300.14.

• Evaluation

300.15.

• Excess costs

300.16.

• Extended school year services

300.106(b).

• Free appropriate public education

300.17.

• Freely associated States

300.717(a).

• Hearing impairment

300.8(c)(5).

• Highly qualified special education teacher

300.18(b).

• Homeless children

300.19.

DEFINITIONS (I)

• IEP Team

300.23.

• Illegal drug

300.530(i)(2).

• Include

300.20.

• Independent educational evaluation

300.502(a)(3)(i).

• Indian

300.21(a).

• Indian tribe

300.21(b).

• Individualized education program (IEP)

300.22.

• Individualized family service plan

300.24.

• Infant or toddler with a disability

300.25.

• Institution of higher education

300.26.

• Intellectual Disability

300.8(c)(6).

• Interpreting services

300.34(c)(4).

DEFINITIONS (J-O)

• Limited English proficient (LEP)

300.27.

• Local educational agency (LEA)

300.28.

• Medical services

300.34(c)(5).

• Multiple disabilities

300.8(c)(7).

• Native language

300.29(a).

• Occupational therapy

300.34(c)(6).

• Orientation and mobility services

300.34(c)(7).

• Orthopedic impairment

300.8(c)(8).

• Other health impairment

300.8(c)(9).

• Outlying areas

300.717(b).

DEFINITIONS (P-R)

• Parent

300.30(a).

• Parent counseling and training

300.34(c)(8).

• Parent training and information center

300.31.

• Parentally-placed private school children with disabilities

300.130.

• Participating agency (as used in “Confidentiality”)

300.611(c).

• Party or parties (Regarding procedures)

300.181(a).

• Personally identifiable

300.32.

• Physical education

300.39(b)(2).

• Physical therapy

300.34(c)(9).

• Psychological services

300.34(c)(10).

• Public agency

300.33.

• Public expense

300.502(a)(3)(ii).

• Recreation

300.34(c)(11).

• Rehabilitation counseling services

300.34(c)(12).

• Related services

300.34(a).

DEFINITIONS (S)

• School day

300.11(c).

• School health services

300.34(c)(13).

• School nurse services

300.34(c)(13).

• Scientifically based research

300.35.

• Secondary school

300.36.

• Secretary

300.38.

• Serious bodily injury

300.530(i)(3).

• Services plan

300.37.

• Social work services in schools

300.34(c)(14).

• Special education

300.39(a).

• Specially designed instruction

300.39(b)(3).

• Specific learning disability

300.8(c)(10).

• Speech-language pathology services

300.34(c)(15).

• Speech or language impairment

300.8(c)(11).

• State

300.40.

• State (Special definition)

300.717(c).

• State educational agency (SEA)

300.41.

• Supplementary aids and services

300.42.

DEFINITIONS (T-Z)

• Transition services

300.43.

• Transportation

300.34(c)(16).

• Traumatic brain injury

300.8(c)(12).

• Travel training

300.38(b)(4).

• Universal design

300.44.

• Visual impairment including blindness

300.8(c)(13).

• Vocational education

300.39(b)(5).

• Ward of the State

300.45.

• Weapon

300.530(i)(4).

DEPARTMENT OF LABOR, Bureau of Labor Statistics (Regarding rate of inflation) (see §§ 300.702(b), 300.704(a)(2)(ii), (b)(2), 300.812(b)(2))

DEPARTMENT (U.S. Department of Education)

• Enforcement: hearing procedures (see §§ 300.178 through 300.184)

• Monitoring (Regarding Secretary of the Interior)

300.708(a).

• Personally identifiable information (Use of)

300.627.

DESTRUCTION OF INFORMATION

300.624(b).

• Definition

300.611(a).

DETERMINANT FACTOR for eligibility determination

• Lack of instruction in reading or math (see § 300.306(b)(1)(i), (b)(1)(ii))

• Limited English proficiency

300.306(b)(1)(iii).

DEVELOPMENT, REVIEW, AND REVISION OF IEP

300.324.

DEVELOPMENTAL DELAY(S)

• In definition of “Child with a disability”

300.8(b).

• Requirements for using “Developmental delay”

300.111(b).

• State definition

300.111(b).

• Using specified disability categories

300.111(d).

DIABETES

300.8(c)(9)(i).

DIRECT SERVICES

• For children in private schools (see §§ 300.132(a); 300.133(a); 300.134(d)(1))

• Nature and location of services

300.227(b).

• Payment by Secretary of the Interior

300.712(d).

• SEA (Additional information)

300.175(a).

• State-level activities

300.704(b)(4)(i).

• Use of LEA allocations for

300.227(a).

DISABILITY: ADVERSELY AFFECTS EDUCATIONAL PERFORMANCE (See “Adversely affects educational performance”)

DISAGGREGATED DATA

• Assessment results for subgroup of children with disabilities

300.704(b)(4)(xi).

• For suspension and expulsion by race and ethnicity

300.170(a).

DISCIPLINE (A-B)

• Alternative educational setting (see §§ 300.530(d)(1), (d)(2), (d)(4), (g), 300.531, 300.533)

• Appeal

300.532(a).

• Behavioral interventions—intervention plan

300.530(f).

DISCIPLINE (C-H)

• Change of placements for disciplinary removals

300.536.

• Child's status during due process hearings

300.518.

• Determination of setting

300.531.

• Expedited due process hearings

300.532(c).

• Functional behavioral assessment (see § 300.530(d)(1)(ii), (f)(1)(i))

• Hearing officer (authority of) (see §§ 300.532(b), 300.533)

DISCIPLINE (I-Z)

• IEP Team (relevant members) (see §§ 300.530(e)(1), (f), 300.531)

• Interim alternative educational setting (see §§ 300.530(b), (d)(2), (g), 300.531, 300.532(b)(2)(ii), 300.533)

• Manifestation determination

300.530(e).

• Placement during appeals

300.533.

• Protections for children not determined eligible

300.534.

• Referral to and action by law enforcement and judicial authorities

300.535.

• School personnel (Authority of)

300.530(b).

• See “Timelines—Discipline”

DISCLOSURE

• Additional disclosure of information requirement

300.512(b).

• Consent required before disclosing:

Ο Education records to public benefits or insurance agencies

300.154(d)(2)(iv).

Ο Personal information to non-agency officials

300.622(a).

• Notice on disclosure of evaluation results

300.504(c)(10).

• Policies on disclosing information to 3rd parties

300.612(a)(3).

• Prohibit evidence not disclosed

300.512(a)(3).

DISPROPORTIONALITY

300.646.

DISPUTES

• Interagency disputes (Methods of ensuring services):

Ο Ensure services during pendency of dispute

300.154(a).

Ο Procedures for resolving

300.154(a)(3).

• Mediation (see also § 300.532(c)(3))

300.506.

Ο Attorneys' fees for

300.517(c)(2)(ii).

Ο During discipline appeal process

300.532(c)(3).

Ο During resolution process (see § 300.510(b)(3), (c)(3))

Ο Enforcement of agreement (see §§ 300.506(b)(7), 300.510(d)(2), 300.537)

DIVIDED STATE AGENCY RESPONSIBILITY (Adult prisons)

300.607.

DIVORCE—SEPARATION (Authority to review records)

300.613(c).

DROPOUT RATES (Performance indicators)

300.157(a)(3).

DUE PROCESS HEARING(S) AND REVIEWS (A-E)

• Agency responsible for conducting hearing

300.511(b).

• Appeal of decisions; impartial review

300.514(b).

• Attorneys' fees

300.517(a).

• Basic requirements (see §§ 300.507 through 300.514)

• Child's status during proceedings (Pendency)

300.518.

Ο Parent request for hearing (Discipline)

300.532(a).

• Civil action

300.516(a).

• Evaluations disclosed at least 5 business days before hearing

300.512(a)(3).

• Expedited due process hearings (Discipline)

300.532(c).

DUE PROCESS HEARING(S) AND REVIEWS (F-I)

• Failure to implement a due process hearing decision

300.152(c)(3).

• Finality of decision; appeal; impartial review

300.514.

• Findings of fact and decisions (see § 300.512(a)(5), (c)(3)):

Ο To State advisory panel (see §§ 300.513(d), 300.514(c))

• Hearing rights

300.512(a).

• Impartial hearing officer

300.511(c).

Ο See “Hearing officer(s)”

DUE PROCESS HEARING(S) AND REVIEWS (J-Z)

• Parental rights at hearings

300.512(c).

• Party notice to other party

300.508(c).

Ο Model form to assist parents

300.509.

• Party request for hearing (Discipline)

300.532(a).

• Pendency (Stay put)

300.518.

• Prohibit evidence not introduced 5 business days before hearing

300.512(a)(3).

• Record of hearing

300.512(c)(3).

• See “Civil action—proceedings,” “Court(s)” “Procedural safeguards,” “Timelines”

• Timelines and convenience of hearings—reviews (see §§ 300.506(b)(5), 300.511(e), 300.516(b))

EARLY IDENTIFICATION AND ASSESSMENT (Definition)

300.34(c)(3).

EARLY INTERVENING SERVICES

300.226.

• Adjustment to local fiscal efforts

300.205(d).

• Do not limit/create right to FAPE

300.226(c).

• For children not currently identified as needing special education or related services

300.226(a).

• Permissive use of funds

300.208(a)(2).

• Scientifically based literacy instruction

300.226(b).

• Use of funds:

Ο By LEA

300.226(a).

Ο By Secretary of the Interior

300.711.

EDUCATION RECORDS (Definition)

300.611(b).

EDUCATIONAL PLACEMENTS (LRE)

300.114.

EDUCATIONAL SERVICE AGENCY (ESA)

• Definition

300.12.

• In definition of “LEA”

300.28(b)(1).

• Joint establishment of eligibility (Regarding ESAs)

300.224(b).

Ο Additional requirements (Regarding LRE)

300.224(c).

ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (ESEA)

• Coordination of early intervening services

300.226(e).

• Excess cost requirement

300.202(b).

• Schoolwide programs

300.206(a).

ELIGIBILITY (CHILD—STUDENT) (A-G)

• Additional eligibility requirements (see §§ 300.121 through 300.124, 300.307 through 300.311)

• Children with disabilities in adult prisons

300.324(d).

• Children with specific learning disabilities (Documentation of eligibility determination)

300.311(a).

• Determinant factor for

300.306(b)(1).

• Determination of eligibility

300.306.

• Developmental delay (Non-use of term by LEA if not adopted by State)

300.111(b)(iv).

• Documentation of eligibility (To parent)

300.306(a)(2).

• Graduation with regular diploma: termination (see §§ 300.102(a)(3), 300.305(e)(2)).

ELIGIBILITY (CHILD—STUDENT) (H-Z)

• Lack of instruction in reading or math

300.306(b).

• Limited English proficiency

300.306(b).

• Public benefits or insurance (Risk loss of eligibility)

§ 300.154(d)(2) (iii).

• Termination of eligibility (see §§ 300.204(c), 300.305(e)(2))

• Transfer of rights (Special rule)

300.520(b).

ELIGIBILITY (PUBLIC AGENCIES)

• Hearings related to (See “Hearings—Hearing procedures”)

• Joint establishment of (see §§ 300.202(b)(3), 300.223(a), 300.224(a))

• LEA (See “LEA eligibility”) Secretary of the Interior

300.712(e).

• State (See “State eligibility”)

• State agency eligibility

300.228.

Ο See “State agencies”

EMOTIONAL DISTURBANCE (Definition)

300.8(c)(4).

ENFORCEMENT

• Department procedures (see §§ 300.600, 300.604, 300.605)

• Referral to law enforcement authorities

300.535.

• State policies and procedures:

Ο Enforcement mechanisms

300.537.

Ο LEA not meeting requirements

300.608.

Ο Regarding confidentiality

300.626.

EPILEPSY

300.8(c)(9)(i).

EQUIPMENT

• Acquisition of

300.718(a).

• Definition

300.14.

• Exception to maintenance of effort

300.204(d).

• Placement in private school

300.144.

EVALUATION (A-G)

• Assessments in (see §§ 300.304(b), (c) 300.305(c)).

• Basic requirements (see §§ 300.301, 300.303, 300.324)

• Comprehensive (Identify all special education needs)

300.304(c)(6).

• Definition of

300.15.

• Evaluation procedures

300.304.

• Evaluation report to parents

300.306(a)(2).

• Existing evaluation data (Review of)

300.305(a)(1).

• Graduation (Evaluation not required for)

300.305(e)(2).

EVALUATION (H-Z)

• Independent educational evaluation (IEE)

300.502.

• Initial evaluation (see §§ 300.301, 300.305)

• Observation in determining SLD

300.310.

• Parent consent

300.300.

• Parent right to evaluation at public expense

300.502(b).

• Reevaluation

300.303.

EXCEPTION

• Charter schools exception (Joint eligibility)

300.223(b).

• For prior local policies and procedures

300.220.

• For prior State policies and procedures

300.176(a).

• To FAPE:

Ο For certain ages

300.102.

Ο For graduating with a regular diploma

300.102(a)(3)(i).

Ο For children in adult prisons (see §§ 300.102(a)(2), 300.324(d)).

• To maintenance of effort

300.204.

• To reimbursement for parental placement

300.148(e).

EXCESS COSTS

• Calculation of (see appendix A—Excess Costs Calculation)

• Definition

300.16.

• Excess cost requirement

300.202(b)

• Joint establishment of eligibility

300.202(b)(3)

• LEA requirement

300.202(b)

• Limitation on use of Part B funds

300.202(b)

• Meeting the excess cost requirement

300.202(b)(2)

• See also §§ 300.163(a), 300.175(b), 300.202(a), 300.227(a)(2)(ii)

EXISTING EVALUATION DATA (Review of)

300.305(a)(1).

EXPEDITED DUE PROCESS HEARINGS

300.532(c).

• Authority of hearing officer

300.532(b).

• Party appeal (Hearing requested by parents)

300.532(a).

EXPULSION (See “Suspension and expulsion”)

EXTENDED SCHOOL YEAR SERVICES

300.106.

EXTRACURRICULAR

• IEP content

300.320(a)(4)(ii).

• In supplementary aids and services

300.42.

• Nonacademic services

300.107.

• Nonacademic settings

300.117.

FACILITIES

• Alteration of

300.718.

• Children in private schools or facilities (see §§ 300.130, 300.142(a), 300.144(b), (c), 300.147(c))

• Construction of

300.718.

• Physical education (In separate facilities)

300.108(d).

• Private schools and facilities

300.2(c).

• See also “Correctional facilities”

• Termination of expenses for construction of

300.204(d).

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) (See “Confidentiality”)

FAPE (A-G)

• Definition

300.17.

• Documentation of exceptions

300.102(b).

• Exception to FAPE:

Ο For certain ages

300.102(a).

Ο For children receiving early intervention services

300.102(a)(4).

Ο For children graduating with a regular diploma

300.102(a)(3).

Ο For children in adult correctional facilities

300.102(a)(2).

• For children:

Ο Advancing from grade to grade

300.101(c).

Ο Beginning at age 3

300.101(b).

Ο On Indian reservations

300.707(c).

Ο Suspended or expelled from school

300.101(a).

• General requirement

300.101(a).

FAPE (H-Z)

• Methods and payments

300.103.

• Private school children with disabilities:

Ο Placed by parents when FAPE is at issue

300.148.

Ο Placed in or referred by public agencies (see §§ 300.145 through 300.147)

• Reallocation of LEA funds (FAPE adequately provided)

300.705(c).

• Services (and placement) for FAPE:

Ο Based on child's needs (Not disability category)

300.304(c)(6).

• State eligibility condition

300.100.

FAS (Freely associated States)

300.717(a).

FAX (FACSIMILE TRANSMISSION)

• Department procedures (see §§ 300.183, 300.196(a) through (e))

FERPA (Family Educational Rights and Privacy Act) (See “Confidentiality”)

FILING A CLAIM (Private insurance)

300.154(e).

FILING A COMPLAINT (State complaint procedures)

300.153.

FILING REQUIREMENTS

• By-pass (Regarding private school children)

300.196.

• Department procedures

300.183.

• See §§ 300.178 through 300.186.

FINALITY OF DECISION

300.514.

FORMULA

• Allocations to LEAs

300.705(b).

• Allocations to States

300.703.

• Allocation to States when by-pass is implemented

300.191.

• Allocation to States regarding section 619 (see §§ 300.807, 300.810).

• Parentally-placed private school children

300.133.

• SEA set aside funds

300.704(b).

• See also § 300.171(a).

FOSTER PARENT

300.30(a)(2).

• See also § 300.45(b).

FREELY ASSOCIATED STATES AND OUTLYING AREAS

• Funding for

300.701(a).

• Purpose of grants

300.700(a).

FULL EDUCATIONAL OPPORTUNITY GOAL

300.109.

FUNCTIONAL BEHAVIORAL ASSESSMENT (see § 300.530(d)(1)(ii), (f)(1)(i))

FUNDING MECHANISM: LRE

300.114(b).

FUNDS (See “Use of funds”)

GENERAL CURRICULUM

• Discipline (Continue participating in)

300.530(d)(1)(i).

• Evaluation procedures:

Ο Be involved and progress in

300.304(b)(1)(ii).

Ο Review of existing evaluation data

300.305(a)(1).

• IEPs:

Ο Measurable annual goals

300.320(a)(2)(i).

Ο Present levels of educational performance

300.320(a)(1).

Ο Review and revision of IEPs

300.324(b)(1)(ii).

Ο Special education and related services

300.320(a)(4)(ii).

• IEP Team

300.321(a)(4)(ii).

• Specially designed instruction (Definition)

300.39(b)(3).

GOALS

Annual goals (See “IEP” and “Annual goals”).

• Performance goals and indicators

300.157.

Ο State and local activities to meet

300.814(c).

Ο Use of State-level funds to meet

300.704(b)(4)(x).

GOVERNOR (Adult prisons)

300.149(d).

• See also “Chief executive officer”.

GRADUATION

• Evaluation not required for

300.305(e)(2).

• Exception to FAPE

300.102(a)(3)(i).

• Graduation rates as performance indicators

300.157(a)(3).

• Written prior notice required

300.102(a)(3)(iii).

GRANDPARENT OR STEPPARENT (In definition of “Parent”)

300.30(a)(4).

GRANTS

• Grants to States:

300.700.

Ο Maximum amount

300.700(b).

Ο Purpose of

300.700(a).

• See “Subgrants”.

GUARDIAN (In definition of “Parent”)

300.30(a)(3).

GUARDIANSHIP, SEPARATION, AND DIVORCE (Regarding parent's authority to review records)

300.613(c).

HEALTH AND HUMAN SERVICES (Secretary of)

300.708(i)(1).

HEARING AIDS: Proper functioning of

300.113(a).

HEARING IMPAIRMENT

• Definition

300.8(c)(5).

• Related services, audiology

300.34(c)(1).

HEARING OFFICER(S) (A-B)

• Additional disclosure of information requirement

300.512(b).

• Attorneys' fees

300.517(c)(2)(i).

• Authority of (Discipline)

300.532(b).

Ο Basis of decisions

300.513(a).

HEARING OFFICER(S) (C-Z)

• Change of placement:

Ο Hearing officer decision agrees with parents

300.518(d).

Ο Hearing officer may order

300.532(b)(2)(ii).

• Expedited due process hearing (Discipline)

300.532(c).

• Impartial hearing officer

300.511(c).

• Parent appeal (Discipline)

300.532(a).

• Placement during appeals

300.533.

• Private school placement when FAPE is at issue

300.148(b).

• Reimbursement for private school placement by parents

300.148(c).

• Requests for evaluations by

300.502(d).

HEARING RIGHTS

300.512.

HEARINGS—HEARING PROCEDURES

• Due process (See “Due process hearings”).

• Public hearings on policies and procedures

300.165(a).

• State and local eligibility:

Ο LEA eligibility

300.155.

Ο Notification in case of LEA or State ineligibility

300.221.

Ο State eligibility (Notice and hearing) (see §§ 300.178, 300.179, 300.181).

HEART CONDITION

300.8(c)(9)(i).

HEIGHTENED ALERTNESS TO ENVIRONMENTAL STIMULI (In “Other health impairment”)

300.8(c)(9).

HIGH COST FUND (LEA)

300.704(c).

HIGHLY MOBILE CHILDREN (e.g., homeless and migrant children)

300.111(c)(2).

HIGHLY QUALIFIED TEACHER (A-Q)

• Alternative route to certification

300.18(b)(2).

• Definition of

300.18.

• Private school teachers

300.18(h).

HIGHLY QUALIFIED TEACHER (R-Z)

• Requirements for in general

300.18(b).

• Requirements for teaching to alternate academic achievement standards

300.18(c).

• Requirements for teaching multiple subjects

300.18(d).

• Personnel qualifications

300.156(c).

HIGH NEED CHILD

300.704(c)(3)(i).

HOMELESS CHILDREN

• Child find

300.111(a)(1)(i).

• Definition of

300.19.

• McKinney-Vento Homeless Assistance Act (see §§ 300.19, 300.149(a)(3), 300.153(b)(4)(iii), 300.168(a)(5), 300.508(b)(4)).

• Surrogate parents for

300.519(a)(4).

HYPERACTIVITY (Attention deficit hyperactivity disorder)

300.8(c)(9)(i).

INAPPLICABILITY (Of requirements that prohibit commingling and supplanting of funds)

300.704(d).

IEE (See “Independent educational evaluation”)

IEP (A-I)

• Agency responsibilities for transition services

300.324(c)(1).

• Basic requirements (see §§ 300.320 through 300.324).

• Child participation when considering transition

300.321(b)(1).

• Consideration of special factors

300.324(a)(2).

• Consolidation of IEP Team meetings

300.324(a)(5).

• Content of IEPs

300.320(a).

• Definition (see §§ 300.22, 300.320).

• Development, review, and revision of

300.324.

• IEP or IFSP for children aged 3 through 5

300.323(b).

• IEP Team

300.321.

IEP (J-Z)

• Modifications of IEP or placement (FAPE for children in adult prisons)

300.324(d)(2)(i).

• Modify/Amend without convening meeting (see § 300.324(a)(4), (a)(6)).

• Parent participation

300.322.

• Alternative means

300.328.

• Part C coordinator involvement

300.321(f).

• Private school placements by public agencies

300.325(a)(1).

• Regular education teacher (See “IEP Team”).

• Review and revision of IEPs

300.324(b).

• SEA responsibility regarding private school

300.325(c).

• State eligibility requirement

300.112.

• Transition services

300.320(b).

• When IEPs must be in effect

300.323.

IEP TEAM

300.321.

• Alternative educational setting (Determined by)

300.531.

• Consideration of special factors

300.324(a)(2).

Ο Assistive technology

300.324(a)(2)(v).

Ο Behavioral interventions

300.324(a)(2)(i).

Ο Braille needs

300.324(a)(2)(iii).

Ο Communication needs (Deafness and other needs)

300.324(a)(2)(iv).

Ο Limited English proficiency

300.324(a)(2)(ii).

• Determination of knowledge or special expertise

300.321(c).

• Discipline procedures (see §§ 300.530(e), 300.531).

• Manifestation determination

300.530(e).

• Other individuals who have knowledge or special expertise (At parent or agency discretion)

300.321(a)(6).

• Participation by private school (public agency placement)

300.325(a).

• Regular education teacher (see §§ 300.321(a)(2), 300.324(a)(3)).

IFSP (INDIVIDUALIZED FAMILY SERVICE PLAN)

• Definition

300.24.

• Transition from Part C

300.124.

• IFSP vs. IEP

300.323(b).

ILLEGAL DRUG (Definition—discipline)

300.530(i)(2).

IMPARTIAL DUE PROCESS HEARING

300.511.

• See “Due process hearings and reviews”.

IMPARTIAL HEARING OFFICER

300.511(c).

IMPARTIALITY OF MEDIATOR

300.506(b)(1).

INCIDENTAL BENEFITS (Permissive use of funds)

300.208.

INCIDENTAL FEES (In definition of “at no cost” under “Special education”)

300.39(b)(1).

INCLUDE (Definition)

300.20.

INDEPENDENT EDUCATIONAL EVALUATION (IEE)

300.502.

• Agency criteria (see § 300.502(a)(2), (b)(2)(ii), (c)(1), (e)).

• Definition

300.502(a)(3)(i).

• Parent-initiated evaluations

300.502(c).

• Parent right to

300.502(a)(1).

• Procedural safeguards notice

300.504(c)(1).

• Public expense (Definition under IEE)

300.502(a)(3)(ii).

• Request by hearing officers

300.502(d).

• Use as evidence at hearing

300.502(c)(2).

INDIAN; INDIAN CHILDREN

• Child find for Indian children aged 3 through 5

300.712(d).

• Definition of “Indian”

300.21(a).

• Definition of “Indian tribe”

300.21(b).

• Early intervening services

300.711.

• Payments and use of amounts for:

Ο Education and services for children aged 3 through 5

300.712(a).

Ο Education of Indian children

300.707.

• Plan for coordination of services

300.713.

• Submission of information by Secretary of Interior

300.708.

INDICATORS

300.157(b).

• See “Performance goals and indicators”.

INDIVIDUALIZED EDUCATION PROGRAM (See “IEP”)

INDIVIDUALIZED FAMILY SERVICE PLAN (See “IFSP”)

INFORMED CONSENT (See “Consent”)

INITIAL EVALUATION

300.301.

• Consent before conducting

300.300(a)(1)(i).

Ο For ward of State

300.300(a)(2).

Ο Not construed as consent for initial placement

300.300(a)(1)(ii).

Ο When not required

300.300(a)(2).

• Review of existing evaluation data

300.305(a).

INSTITUTION OF HIGHER EDUCATION

• Definition

300.26.

INSTRUCTIONAL MATERIALS

• Access to

300.172.

• Audio-visual materials

300.14(b).

• LEA purchase of

300.210.

• NIMAC:

Ο SEA coordination with

300.172(c).

Ο SEA rights and responsibilities if not coordinating

300.172(b).

INSURANCE

• Community-based waivers (see § 300.154(d)(2)(iii)(D)).

• Financial costs

300.154(f)(2).

• Financial responsibility of LEA/SEA

300.154(a)(1).

• Out-of-pocket expense

300.154(d)(2)(ii).

• Private insurance

300.154(e).

• Public benefits or insurance

300.154(d).

• Risk of loss of eligibility (see § 300.154(d)(2)(iii)(D)).

INTELLECTUAL DISABILITY (Definition)

300.8(c)(6).

INTERAGENCY AGREEMENTS

• FAPE methods and payments (Joint agreements)

300.103(a).

• LRE (Children in public/private institutions)

300.114(a)(2)(i).

• Methods of ensuring services

300.154(a).

• SEA responsibility for general supervision

300.149.

• Secretary of Interior—with Health and Human Services Secretary

300.708(i)(1).

Ο Cooperative agreements (BIA and other agencies)

300.712(d).

INTERAGENCY COORDINATION (See “Coordination of services,” “Interagency agreements”)

INTERAGENCY DISPUTES

300.154(a)(3).

INTERAGENCY RESPONSIBILITIES (Transition services)

300.320(b).

INTERIM ALTERNATIVE EDUCATIONAL SETTING (See §§ 300.530(b), 300.531, 300.532(b)(2)(ii), 300.533)

INTERPRETING SERVICES

• As a related service

300.34(a).

• Definition

300.34(c)(4).

JOINT ESTABLISHMENT OF ELIGIBILITY (LEAs)

300.223.

• See also §§ 300.202(b)(3), 300.224.

JUDICIAL

• Authorities (Referral to)

300.535.

• Finding of unreasonableness

300.148(d)(3).

• Proceeding (During pendency)

300.518(a).

• Review

300.197.

• See also:

Ο Civil action (see §§ 300.504(c)(12), 300.514(d), 300.516)

Ο Court(s) (see §§ 300.102(a)(1), 300.184, 300.148(c), (d)(3), 300.197, 300.516(a), (c), (d), 300.517(a), (c))

JUVENILE-ADULT CORRECTIONS FACILITIES (See “Correctional facilities”)

LAW ENFORCEMENT AND JUDICIAL AUTHORITIES

• Referral to

300.535.

LEA (LOCAL EDUCATIONAL AGENCY) (A-C)

• Allocations to LEAs

300.705(b).

Ο Reallocation of funds (If LEA is adequately providing FAPE)

300.705(c).

• Charter schools and LEAs (See “Charter schools”).

• Child count—LEAs:

Ο Parentally-placed private school children with disabilities

300.133(c).

Ο Procedures for counting all children served (Annual report)

300.645.

Ο See also “Child count”.

• Child find—LEAs:

Ο Parentally-placed private school children with disabilities

300.131.

Ο See also “Child find”

• Compliance (LEA and State agency)

300.222.

• Consistency of LEA policies with State policies

300.201.

LEA (D-G)

• Definition of LEA

300.28.

• Developmental delay: Use of term by LEAs (see § 300.111(b)(2) through (b)(4)).

• Direct services by SEA (If LEA is unable or unwilling to serve CWDs, etc.)

300.227.

• Discipline and LEAs (See “Discipline”).

• Eligibility of LEA:

Ο Condition of assistance (see §§ 300.200 through 300.213)

Ο Exception for prior local plans.

300.220.

Ο Ineligibility of LEA (Notice by SEA)

300.221.

Ο SEA hearings on LEA eligibility

300.155.

• Excess cost requirement—LEA:

300.202(b).

Ο Use of amounts for excess costs

300.202(a)(2).

Ο See also “Excess costs”.

LEA (H-L)

• Hearings relating to LEA eligibility

300.155.

• Information for SEA

300.211.

• Instructional materials (Purchase of)

300.210.

• Joint establishment of eligibility (By two or more LEAs)

300.202(b)(3).

Ο See also §§ 300.223, 300.224

• LEA and State agency compliance

300.222.

• LEA policies (Modification of)

300.220(b).

Ο See “LEA eligibility,” “Eligibility of LEA”.

LEA (M-P)

• Maintenance of effort regarding LEAs (See “Maintenance of effort”).

• Methods of ensuring services—LEAs (see § 300.154(a)(1) through (a)(4), (b)).

• Migratory children with disabilities (Linkage with records under ESEA)

300.213.

• Modification of policies by LEA

300.220(b).

• Noncompliance of LEA (SEA determination)

300.222(a).

• Notice requirement (On LEA)

300.222(b).

• Purchase of instructional materials

300.210.

• Personnel shortages (Use of funds to assist LEAs in meeting)

300.704(b)(4)(vii).

• Public information (By LEA)

300.212.

LEA (R-T)

• Reallocation of LEA funds (If LEA is adequately providing FAPE)

300.705(c).

• Reimbursement of LEAs by other agencies (See “Methods of ensuring services,” § 300.154(a)(2) through (a)(3), (b)(2)).

• Review and revision of policies

300.170(b).

• SEA reduction in payments to LEA

300.222(a).

• SEA use of LEA allocations for direct services

300.227.

• Show cause hearing (By-pass requirement)

300.194.

• State-level nonsupplanting

300.162(c).

• Subgrants to LEAs

300.705(a).

• Suspension and expulsion rates—LEAs

300.170(a)(1).

• Transition planning conferences (Part C to B)

300.124(c).

LEA (U-Z)

• Use of amounts (by LEA)

300.202.

Ο (See “Permissive use of funds”).

• Use of SEA allocations (Regarding LEAs)

300.704.

Ο For capacity-building, etc. (see § 300.704(b)(4)(viii)).

Ο To assist in meeting personnel shortages (see § 300.704(b)(4)(vii)).

LEA ELIGIBILITY (A-I)

• Adjustment to local fiscal efforts in certain fiscal years

300.205.

• Charter schools—public:

Ο Rights of children with disabilities who attend public charter schools

300.209(a).

Ο That are public schools of the LEA

300.209(b).

Ο That are LEAs

300.209(c).

Ο That are not an LEA or a school that is part of an LEA

300.209(d).

Ο Treatment of charter schools and their students

300.209.

Ο See also “Charter schools”.

• Condition of assistance

300.200.

Ο See §§ 300.201 through 300.213.

• Consistency with State policies

300.201.

• Information for SEA

300.211.

LEA ELIGIBILITY (M-Z)

• Maintenance of effort

300.203.

Ο Exception to

300.204.

• Migratory children with disabilities—records regarding

300.213.

• Permissive use of funds

300.208.

Ο Administrative case management

300.208(b).

Ο Early intervening services

300.208(a)(2).

Ο High cost special education and related services

300.208(a)(3).

Ο Services and aids that also benefit nondisabled children

300.208(a)(1).

• Personnel development

300.207.

• Records regarding migratory children with disabilities

300.213.

• State prohibition (If LEA is unable to establish/maintain programs of FAPE)

300.205(c).

• Treatment of charter schools and their students

300.209.

LEAD POISONING (Other health impairment)

300.8(c)(9)(i).

LEAST RESTRICTIVE ENVIRONMENT (LRE)

• Children in public or private institutions

300.118.

• Continuum of alternative placements

300.115.

• Educational service agency (Additional requirement regarding LRE)

300.224(c).

• Monitoring activities

300.120.

• Nonacademic settings

300.117.

• Placements

300.116.

• State eligibility requirements

300.114.

• Additional requirement: State funding mechanism

300.114(b).

• Technical assistance and training

300.119.

LEISURE EDUCATION (Recreation)

300.34(c)(11)(iv).

LEP (See “Limited English proficient”)

LEUKEMIA (Other health impairment)

300.8(c)(9)(i).

LIMITED ENGLISH PROFICIENT (LEP)

• Definition of

300.27.

• Determinant factor in eligibility determination

300.306(b)(1)(iii).

• In development, review, and revision of IEP

300.324(a)(2)(ii).

• In “native language” (Definition)

300.29(a).

• Special rule—LEP not determinant factor

300.306(b)(1)(iii).

LOCAL EDUCATIONAL AGENCY (See “LEA”)

LRE (See “Least restrictive environment”)

MAINTENANCE OF EFFORT (MOE-LEA) (A-R)

• Amounts in excess (Reduce level)

300.205(a).

• Exception to

300.204.

• Maintenance of effort and early intervening services (see appendix D)

• Maintenance of effort—LEA

300.203.

• Non-reduction of (State enforcement)

300.608.

• Public benefits or insurance proceeds are not MOE

300.154(g)(2).

Ο See “Methods of ensuring services”.

MAINTENANCE OF EFFORT (MOE-LEA) (S-Z)

• SEA flexibility

300.230(a).

• State enforcement (SEA must prohibit LEA from reducing MOE)

300.608.

MAINTENANCE OF STATE FINANCIAL SUPPORT

300.163.

• Reduction of funds for failure to maintain support

300.163(b).

• Subsequent years (Regarding a waiver)

300.163(d).

• Waivers: Exceptional or uncontrollable circumstances

300.163(c).

MANIFESTATION DETERMINATION (See “Discipline”)

300.530(e).

McKINNEY-VENTO HOMELESS ASSISTANCE ACT

• In definition of “Homeless children”

300.19.

• In filing a State complaint

300.153(b)(4)(iii).

• SEA responsibility for general supervision (Regarding homeless children)

300.149(a)(3).

• State advisory panel (Membership)

300.168(a)(5).

• Surrogate parents (Homeless child's rights protected

300.519(a)(4).

MEDIATION (A-O)

• Benefits of (Meeting to explain)

300.506(b)(2)(ii).

• Confidential discussions

300.506(b)(6)(i).

• Cost of (Borne by State)

300.506(b)(4).

• Disinterested party (To meet with parents and schools

300.506(b)(2).

• Disputes (Resolve through mediation)

300.506(a).

• Legally binding agreement

300.506(b)(6).

• Mediation procedures (By public agency to allow parties to resolve disputes)

300.506(a).

• Mediators:

Ο Impartiality of

300.506(c).

Ο List of

300.506(b)(3)(i).

Ο Qualified and impartial (see § 300.506(b)(1)(iii)).

• Meeting to explain benefits of

300.506(b)(2)(ii).

• Not used as evidence in hearing

300.506(b)(8).

• Not used to deny/delay right to hearing

300.506(b)(1)(ii),

• Opportunity to meet

30.506(b)(2).

MEDIATION (P-Z)

• Parent training and information center

300.506(b)(2)(i).

• Procedural safeguards notice

300.504(c)(6).

• Random selection of mediators

300.506(b)(3)(ii).

• Use of SEA allocations to establish

300.704(b)(3)(ii).

• Voluntary

300.506(b)(1)(i).

• Written mediation agreement

300.506(b)(7).

MEDICAID

• Children covered by public benefits or insurance

300.154(d)(1).

• Construction (Nothing alters requirements imposed under Titles XIX or XXI)

300.154(h).

• Financial responsibility of each non-educational public agency (e.g., State Medicaid)

300.154(a)(1).

• LEA high cost fund (Disbursements not medical assistance under State Medicaid)

300.704(c)(8).

• Medicaid reimbursement not disqualified because service in school context

300.154(b)(1)(ii).

• Methods of ensuring services (see § 300.154(a)(1), (b)(1)(ii), (d), (g)(2), (h))

• Proceeds from public or private insurance

300.154(g)(1).

• Public agency may use Medicaid

300.154(a)(1).

• State Medicaid, etc., must precede financial responsibility of LEA

300.154(a)(1).

MEDICAL (A-L)

• Assistance under other Federal programs

300.186.

• Assistive technology device (Does not include a surgically implanted medical device)

300.5.

• LEA high cost fund (Disbursements not medical assistance under State Medicaid)

300.704(c)(8).

MEDICAL (M-Q)

• Medical services in (“Related services”):

Ο Audiology (Referral for)

300.34(c)(1)(ii).

Ο Definition of

300.34(c)(5).

Ο For diagnostic purposes

300.34(a).

Ο Speech-language pathology (Referral for)

300.34(c)(15)(iii).

• Medical supplies, etc. (Memo of agreement between HHS and Interior)

300.708(i)(2).

• Non-medical (Residential placement)

300.104.

MEDICAL (R-Z)

• Referral for medical services:

Ο Audiology

300.34(c)(1)(ii).

Ο Speech-language pathology services

300.34(c)(15)(iii).

• Related services: Exception; surgically implanted devices (“Cochlear implants”)

300.34(b).

• Routine checking of hearing aids and other devices

300.113.

• SLD: Educationally relevant medical findings, if any

300.311(a)(4).

MEDICATION

• Prohibition on mandatory medication

300.174.

MEETING(S)

• Alternative means of meeting participation

300.328.

• Consolidation of IEP Team meetings

300.324(a)(5).

• Equitable services determined (Parentally-placed private school CWDs)

300.137.

• IEP Team meetings (See “IEP”).

• Mediation (Opportunity to meet)

300.506(b)(2).

• Opportunity to examine records; participation in IEP Team meetings

300.501.

• Parent participation in meetings (see § 300.506(b)(2), (b)(4)).

• Private school placements by public agencies

300.325.

• Reviewing and revising IEPs (Private school placements)

300.325(b).

• Services plan for private school children (Meetings)

300.137(c)(1).

METHODS OF ENSURING SERVICES

300.154.

MIGRANT CHILDREN

• Child find

300.111(c)(2).

• Records regarding migratory children (Linkage with ESEA)

300.213.

MINIMUM STATE COMPLAINT PROCEDURES

300.152.

• See “Complaints,” “State complaint procedures”.

MONITOR; MONITORING ACTIVITIES (A-N)

• Allowable costs for monitoring

300.704(b)(3)(i).

• Children placed in private schools by public agencies

300.147(a).

• Implementation by SEA

300.147(a).

• LRE (SEA monitoring activities)

300.120.

• Monitoring activities (LRE)

300.120.

• Monitoring—Enforcement (Subpart F)

300.600.

Ο Rule of construction (Use any authority under GEPA to monitor)

300.609.

Ο Secretary's review and determination regarding State performance

300.603(b)(1).

Ο State exercise of general supervision

300.600(d)(2).

Ο State use of targets and reporting

300.602(a), (b)(1).

MONITOR; MONITORING ACTIVITIES (O-Z)

• Outlying areas, etc. (see § 300.701(a)(1)(ii)).

• Private school children: SEA monitoring

300.147(a).

• SEA responsibility for general supervision

300.149(b).

• Secretary of the Interior

300.708.

• State advisory panel functions (Advise SEA on corrective action plans)

300.169(d).

• Use of SEA allocations for monitoring

300.704(b)(3)(i).

• Waiver (State's procedures for monitoring)

300.164(c)(2)(ii)(B).

Ο Summary of monitoring reports

300.164(c)(3).

MULTIPLE DISABILITIES (Definition)

300.8(c)(7).

NATIONAL INSTRUCTIONAL MATERIALS ACCESS CENTER (NIMAC)

300.172(e)(1)(ii).

NATIONAL INSTRUCTIONAL MATERIALS ACCESSIBILITY STANDARDS (NIMAS)

300.172(e)(1)(iii).

• See also appendix C.

NATIVE LANGUAGE

• Confidentiality (Notice to parents)

300.612(a)(1).

• Definition

300.29.

• Definition of “Consent”

300.9.

• Evaluation procedures (Tests in native language)

300.304(c)(1)(ii).

• Notice to parents: Confidentiality (In native language)

300.612(a)(1).

• Prior notice:

Ο Notice in native language

300.503(c)(1)(ii).

Ο Notice translated orally

300.503(c)(2)(i).

Ο Steps if not a written language

300.503(c)(2).

NATURE/LOCATION OF SERVICES (Direct services by SEA)

300.227.

NEPHRITIS (In “Other health impairment”)

300.8(c)(9)(i).

NIMAC (See “National Instructional Materials Access Center”)

NIMAS (See “National Instructional Materials Accessibility Standard”)

NONACADEMIC

• Activities: Participate in (IEP content)

300.320(a)(4)(ii).

• Services and extracurricular activities (Equal opportunity to participate in)

300.107(a).

• Settings

300.117.

NONCOMMINGLING

300.162(b).

NONDISABLED (Children; students) (A-P)

• At no cost (In definition of “special education”)

300.39(b)(1).

• Disciplinary information

300.229(a).

• Excess cost requirement

300.202(b).

• IEP (definition) (see § 300.320(a)(1)(i), (a)(4)(iii), (a)(5))

• LRE (General requirement)

300.114.

• Nonacademic settings

300.117.

• Placement

300.116.

• Program options

300.110.

NONDISABLED (Children; students) (R-Z)

• Regular physical education

300.108(b).

• Services and aids that also benefit nondisabled children

300.208(a)(1).

• Special education (Definition: In definition of “at no cost”)

300.39(b)(1).

• Supplementary aids and services

300.42.

• Suspension and expulsion rates

300.170(a)(2).

NONEDUCATIONAL (Public agency)

• Medicaid service (May not be disqualified because in school context)

300.154(b)(1)(ii).

• Methods of ensuring services (see § 300.154(a), (b))

• Obligation of

300.154(b).

• Reimbursement for services by

300.154(b)(2).

NON-MEDICAL CARE (Residential placement)

300.104.

NONSUPPLANTING

• Excess cost requirement (Regarding children aged 3 through 5 and 18 through 21)

300.202(b)(1)(ii).

• LEA nonsupplanting

300.202(b)(1)(ii).

• SEA flexibility

300.230(a).

• State-level activities (Inapplicability of certain provisions)

300.704(d).

• State-level nonsupplanting

300.162(c).

• Waiver of requirement

300.164.

NOTICES: By parents or parties

• Attorneys' fees: When court reduces fee award regarding due process request notice

300.517(c)(4)(iv).

• Children enrolled by parents in private schools when FAPE is at issue

300.148(d)(1)(i).

• Due process complaint (Notice before a hearing on a complaint)

300.508(c).

• Private school placement by parents (When FAPE is at issue)

300.148(d)(1)(i).

NOTICES: Public agency (A-M)

• By-pass (Judicial review)

300.197.

• Children's rights (Transfer of rights)

300.625(c).

• Confidentiality (Notice to parents)

300.612.

• Department procedures (Notice to States)

300.179.

Ο See “Judicial review”

300.184.

• Discipline (Notification)

300.530(h).

• Exception to FAPE (Graduation)

300.102(a)(3).

• Hearings relating to LEA eligibility

300.155.

• IEP meetings (Parent participation)

300.322(b).

• Judicial review: If State dissatisfied with eligibility determination

300.184.

• LEA and State agency compliance

300.222.

Ο Notification in case of ineligibility

300.221(b).

NOTICES: Public agency (N-P)

• Notice before a hearing on a due process complaint

300.508(c).

• Notice and hearing before State ineligible

300.179.

• Notice in understandable language

300.503(c).

• Notification of LEA in case of ineligibility

300.221(b).

• Parent participation in meetings

300.501(b)(2).

• Prior notice by public agency

300.503.

• Private school placement by parents when FAPE is at issue (Public agency notice)

300.148(d)(2).

• Procedural safeguards notice

300.504.

• Public attention

300.606.

• Public participation (Notice of hearings)

300.165(a).

NOTICES: Public agency (Q-Z)

• Secretary of the Interior (Submission of information)

300.708(g).

• Secretary's review and determination of State performance

300.603(b)(2).

• Transfer of parental rights

300.520(a)(1)(i).

• Use of electronic mail

300.505.

• Withholding funds

300.605.

OCCUPATIONAL THERAPY

300.34(c)(6).

OPPORTUNITY TO EXAMINE RECORDS

300.501.

ORIENTATION AND MOBILITY SERVICES

300.34(c)(7).

ORTHOPEDIC IMPAIRMENT

300.8(c)(8).

OTHER HEALTH IMPAIRMENT

300.8(c)(9).

OTHER INDIVIDUALS ON IEP TEAM

300.321(a)(6).

OUTLYING AREAS—FREELY ASSOCIATED STATES

• Allocations to States (General)

300.703(a).

• Annual description of use of funds

300.171(c).

• Definitions applicable to allotments, grants and use of funds:

Ο Freely associated States

300.717(a).

Ο Outlying areas

300.717(b).

• Definition of “State” (Includes “Outlying areas”)

300.40.

• Outlying areas and freely associated States

300.701.

• Purpose of grants

300.700(a).

OUT-OF-POCKET EXPENSE (Public benefits or insurance)

300.154(d)(2)(ii).

PARAPROFESSIONALS

In “Personnel qualifications”

300.156(b).

PARENT (Definition)

300.30.

PARENT: RIGHTS AND PROTECTIONS (A-G)

• Appeal (Manifestation determination)

300.532.

• Confidentiality (Authority to inspect and review records)

300.613(c).

• Consent (See “Consent”)

• Counseling and training (Definition)

300.34(c)(8).

• Definition of “Parent”

300.30.

Ο Foster parent

300.30(a)(2).

Ο Grandparent or stepparent

300.30(a)(4).

Ο Guardian

300.30(a)(3).

PARENT: RIGHTS AND PROTECTIONS (H-N)

• Independent educational evaluation

300.502.

Ο Parent-initiated evaluations

300.502(c).

Ο Parent right to evaluation at public expense

300.502(b).

• IEP and parent involvement:

Ο Copy of child's IEP

300.322(f).

Ο Informed of child's progress

300.320(a)(3)(ii).

Ο Option to invite other individuals

300.321(a)(6).

Ο Participation in meetings

300.322.

Ο Team member

300.321(a)(1).

• Informed consent (Accessing private insurance)

300.154(e)(1).

• Involvement in placement decisions

300.501(c).

• Meetings (Participation in)

300.501(b).

• Notice to public agency:

Ο Before a hearing on a due process complaint

300.508(c).

Ο Before removing child from public school

300.148(d)(1)(ii).

Ο Timeline for requesting a hearing

300.511(e).

• Exceptions to timeline

300.511(f).

Ο Opportunity to examine records

300.501(a).

PARENT: RIGHTS AND PROTECTIONS (O-Z)

• Parent counseling and training

300.34(c)(8).

• Placement decisions (Involvement in)

300.501(c).

• Request for hearing (Discipline)

300.532(a).

• Right to an independent educational evaluation

300.502(b).

PARENTAL CONSENT (See “Consent”)

PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (A-E)

• Annual count of the number of

300.133(c).

• Bypass (see §§ 300.190 through 300.198)

• Child find for

300.131.

• Calculating proportionate amount

300.133(b).

• Compliance

300.136.

• Consultation with private schools

300.134.

• Written affirmation

300.135.

• Definition of

300.130.

• Due process complaints and State complaints

300.140.

• Equitable services determined

300.137.

Ο Equitable services provided

300.138.

• Expenditures

300.133.

Ο Formula

300.133(a).

PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (F-R)

• No individual right to special education and related services

300.137(a).

• Property, equipment, and supplies

300.144.

• Proportionate share of funds

300.134(b).

Ο See “Appendix B—Proportionate Share Calculation”

• Provision of equitable services

300.138(c).

• Religious schools (see §§ 300.131(a), 300.137(c), 300.139(a))

• Requirement that funds not benefit a private school

300.141.

PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (S-T)

• Separate classes prohibited

300.143.

• Services on private school premises

300.139(a).

• Services plan (Definition)

300.37.

Ο For each child served under §§ 300.130 through 300.144

300.137(c).

Ο See also §§ 300.132(b), 300.138(b), 300.140(a)

• State eligibility requirement

300.129.

• Transportation (Cost of)

300.139(b)(2).

PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (U-Z)

• Use of personnel:

Ο Private school personnel

300.142(b).

Ο Public school personnel

300.142(a).

• Written affirmation

300.135.

• Written explanation by LEA regarding services

300.134(e).

PARTICIPATING AGENCY

• Confidentiality provisions:

Ο Definition of participating agency

300.611(c).

Ο See also §§ 300.613(c), 300.614, 300.616, 300.618, 300.623

• IEP requirements (Transition services)

300.324(c).

PENDENCY (Stay put)

• Child's status during due process proceedings

300.518.

• Placement during appeals (Discipline)

300.533.

• Procedural safeguards notice

300.504(c)(7).

PERFORMANCE GOALS AND INDICATORS

• Assess progress toward achieving goals

300.157(c).

• Establishment of goals

300.157.

• Other State level activities

300.814(c).

• Performance goals and indicators

300.157.

• State monitoring and enforcement

300.600(c).

• State performance plans and data collection

300.601.

PERFORMANCE; PERFORMANCE PLANS (STATE)

• Enforcement

300.604.

• Public reporting and privacy

300.602(b).

• Secretary's review and determination regarding State performance

300.603.

• State performance plans and data collection

300.601.

• State performance report

300.602(b)(2).

• State use of targets and reporting

300.602.

Ο Public reporting

300.602(b)(1).

Ο State performance report

300.602(b)(2).

PERMISSIVE USE OF FUNDS (LEAs)

• Administrative case management

300.208(b).

• Early intervening services

300.208(a)(2).

• High cost education and related services

300.208(a)(3).

• Permissive use of funds

300.208.

• Services and aids that also benefit nondisabled children

300.208(a)(1).

PERSONALLY IDENTIFIABLE (PI) INFORMATION (A-H)

• Confidentiality of (State eligibility requirement)

300.123.

• Consent (confidentiality)

300.622(a).

• Data collection (State performance plans)

300.601(b)(3).

• Definition of “personally identifiable”

300.32.

• Department use of information

300.627.

• Destruction:

Ο Definition of

300.611(a).

Ο Destruction of information

300.624.

• Hearing decisions to advisory panel and the public

300.513(d).

PERSONALLY IDENTIFIABLE (PI) INFORMATION (I-Z)

• Notice to parents (Confidentiality):

Ο Children on whom PI information is maintained

300.612(a)(2).

Ο Policies and procedures regarding disclosure to third parties, etc.

300.612(a)(3).

• Participating agency (Definition)

300.611(c).

• Protection of PI information

300.642(a).

• See also § 300.610

• Safeguards (Protect PI information)

300.623.

PERSONNEL QUALIFICATIONS

300.156.

PERSONNEL SHORTAGES

• Use of SEA allocations to meet

300.704(b)(4)(vii).

PHYSICAL EDUCATION

• Definition

300.39(b)(2).

• State eligibility requirement

300.108.

PHYSICAL THERAPY (Definition)

300.34(c)(9).

PLACEMENT(S) (A-Co)

• Adult prisons (CWDs in):

Ο Last educational placement before incarceration

300.102(a)(2)(i).

Ο Modifications to IEPs and placements

300.324(d)(2).

• Alternative means of meeting participation (Regarding “Placement meetings”)

300.328.

• Change in placement: Graduation

300.102(a)(3)(iii).

• Child's placement during pendency of any complaint

300.504(c)(7).

Ο See also “Pendency” (Child's status during proceedings)

300.518.

• Children with disabilities in adult prisons: Placements regarding (see §§ 300.102(a)(2)(i), 300.324(d)(2))

• Continuum of alternative placements (Continuum—LRE)

300.115.

PLACEMENT(S) (Cu-L)

• Current placement (see § 300.530(b)((2), (d))

• Current “Educational placement:”

Ο Change of placements because of disciplinary removals

300.536.

Ο Child's status during proceedings

300.518(a).

• Disciplinary changes in placement

300.530(c).

• Discipline procedures and placements (see §§ 300.530 through 300.536)

• Educational placements (Parents in any group that makes placement decisions)

300.327.

• Graduation: A change in placement (Exception to FAPE)

300.102(a)(3)(iii).

• Last educational placement (Before incarceration)

300.102(a)(2)(i).

• Least restrictive environment (LRE) (see §§ 300.114 through 300.120)

• Notification: LEA must notify parents of decision to change placement

300.530(h).

PLACEMENT(S) (O-Z)

• Pendency (Child's status during proceedings)

300.518.

Placement of children by parents if FAPE is at issue

300.148.

• Placements (LRE)

300.116.

• Requirements for unilateral placement by parents of CWDs in private schools (In “Procedural safeguards notice”)

300.504(c)(9).

• State funding mechanism (Must not result in placements that violate LRE)

300.114(b)(1).

POLICY: POLICIES AND PROCEDURES

• Condition of assistance (LEA eligibility)

300.200.

Ο Consistency with State policies

300.201.

Ο See also §§ 300.200 through 300.213

• Eligibility for assistance (State)

300.100.

• Exception for prior policies on file:

Ο With the SEA

300.220.

Ο With the Secretary

300.176(a).

• FAPE policy

300.101(a).

• Joint establishment of eligibility (Requirements)

300.223.

• Modifications of:

Ο LEA or State agency policies

300.220(b).

Ο Required by Secretary

300.176(c).

Ο State policies (By a State)

300.176(b).

• Public participation

300.165.

• Secretary of the Interior

300.708.

Ο Public participation

300.709.

Ο Submission of information

300.708.

PREPONDERANCE OF EVIDENCE

• Civil action

300.516(c)(3).

PRESCHOOL GRANTS

• Allocations to LEAs

300.816.

Ο Subgrants to LEAs

300.815.

• Other State-level activities

300.814.

Ο Provide early intervention services in accordance with Part C of the Act

300.814(e).

Ο Service coordination or case management

300.814(f).

• State administration

300.813.

• Use of funds for administration of Part C

300.813(b).

PRIOR NOTICE

• By public agency

300.503.

• Notice required before a hearing on a due process complaint

300.508(c).

• Procedural safeguards notice

300.504.

PRISONS (See “Adult prisons”)

PRIVATE INSURANCE

• Children with disabilities who are covered by

300.154(e).

Ο Proceeds from public benefits or insurance or private insurance

300.154(g).

Ο Use of Part B funds

300.154(f).

PRIVATE SCHOOLS AND FACILITIES

• Applicability of this part to State and local agencies:

Ο CWDs placed in private schools by parents under § 300.148

300.2(c)(2).

Ο CWDs referred to or placed in private schools by public agency

300.2(c)(1).

PRIVATE SCHOOL CHILDREN ENROLLED BY THEIR PARENTS

• Placement of children by parents when FAPE is at issue

300.148.

• See “Parentally-placed private school children with disabilities”

PRIVATE SCHOOL PLACEMENTS BY PUBLIC AGENCIES (A-D)

• Applicability of this part to private schools

300.2(c)(1).

• Applicable standards (SEA to disseminate to private schools involved)

300.147(b).

PRIVATE SCHOOL PLACEMENTS BY PUBLIC AGENCIES (E-Z)

• Implementation by SEA (Must monitor, provide standards, etc.)

300.147.

• Monitor compliance

300.147(a).

• Input by private schools (Provide for)

300.147(c).

• Responsibility of SEA

300.146.

PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (A-C)

• Additional disclosure of information (5 business days before hearing)

300.512(b).

• Agency responsible for conducting hearing

300.511(b).

• Appeal of hearing decisions; impartial review

300.514(b).

• Attorneys' fees

300.517.

• Child's status during proceedings

300.518.

• Civil action

300.516.

• Consent (Definition)

300.9.

• Court (See “Court(s)”)

PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (D-H)

• Electronic mail (Parent may elect to receive notices by)

300.505.

• Evaluation (Definition)

300.15.

• Evaluations: Hearing officer requests for

300.502(d).

• Finality of decision; appeal; impartial review

300.514.

• Findings and decision to advisory panel and public

300.513(d).

• Hearing rights

300.512.

PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (I-Pa)

• Impartial due process hearing

300.511.

• Impartial hearing officer

300.511(c).

• Impartiality of mediator

300.506(c).

• Independent educational evaluation

300.502.

Ο Definition

300.502(a)(3)(i).

• Jurisdiction of district courts

300.516(d).

Ο See “Court(s)”

• Mediation

300.506.

Ο Opportunity to meet with a disinterested party

300.506(b)(2).

• Model form to assist parties in filing a due process or State complaint

300.509.

• Notice required before a hearing on a due process complaint

300.508(c).

• Opportunity to examine records

300.501(a).

• Parental consent

300.300.

• Parent-initiated evaluations

300.502(c).

• Parent involvement in placement decisions

300.501(c).

• Parent participation in meetings

300.501(b).

• Parental rights at hearings

300.512(c).

• Parent right to evaluation at public expense

300.502(b).

Ο Public expense (Definition)

300.502(a)(3)(ii).

PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (Pe-Z)

• Pendency

300.518.

• Personally identifiable (Definition)

300.32.

• Prior notice by public agency

300.503.

• Procedural safeguards notice

300.504.

• Prohibition on introduction of undisclosed evidence 5 business days before hearing

300.512(a)(3).

• Record of hearing

300.512(a)(4).

• Resolution process

300.510.

• SEA implementation of

300.150.

• See “Civil Action Proceedings,” “Court(s),” “Hearing Officer(s),” “Timelines”

• Surrogate parents

300.519.

• Timelines and convenience of hearings

300.515.

• Transfer of parental rights at age of majority

300.520.

PROCEDURAL SAFEGUARDS NOTICE

300.504.

• Internet Web site (Notice on)

300.504(b).

PROCEEDS FROM PUBLIC BENEFITS OR INSURANCE OR PRIVATE INSURANCE

300.154(g).

PROGRAM INCOME (Not treated as proceeds from insurance)

300.154(g.)

PROGRAM MODIFICATIONS OR SUPPORTS (IEP content)

300.320(a)(4).

PROPORTIONATE SHARE CALCULATION (See appendix B)

PROTECTIONS FOR CHILDREN NOT DETERMINED ELIGIBLE (Discipline)

300.534.

PSYCHOLOGICAL SERVICES (Definition)

300.34(c)(10).

PUBLIC AGENCY (Definition)

300.33.

PUBLIC BENEFITS OR INSURANCE

300.154(d).

PUBLIC BENEFITS OR INSURANCE OR PRIVATE INSURANCE (Proceeds from)

300.154(g).

PUBLIC CHARTER SCHOOLS (See “Charter schools”)

PUBLIC EXPENSE (Definition under IEE)

300.502(a)(3)(ii).

PUBLIC HEARINGS (On policies)

• State eligibility

300.165(a).

• Secretary of the Interior

300.708(g).

PUBLIC INFORMATION (LEA)

300.212.

PUBLIC NOTICE

• LEA and State agency compliance

300.222(b).

• Public attention (If State has received a notice under § 300.603)

300.606.

PURPOSES (Of this Part 300)

300.1.

QUALIFIED PERSONNEL

300.156.

• Related services definitions (see § 300.34(c)(2), (c)(5), (c)(6), (c)(7), (c)(9), (c)(12), (c)(13)).

RATE OF INFLATION (In the Consumer Price Index for All Urban Consumers) (see §§ 300.702(b), 300.704(a)(2)(ii), 300.704(b)(2), 300.812(b)(2)).

REALLOCATION OF LEA FUNDS (If SEA determines LEA adequately providing FAPE) (see §§ 300.705(c), 300.817)).

RECORDS (A-D)

• Access rights (Parents' right to inspect)

300.613.

Ο Fees for records

300.617.

Ο Records on more than one child

300.615.

• Civil action (Court shall receive records)

300.516(c)(1).

• Conducting IEP Team meetings without parents (Records of attempts to convince parents)

300.322(d).

Confidentiality (See “Confidentiality”)

• Consent to release records

300.622(b).

Disciplinary records:

Ο Determination that behavior not manifestation

300.530(e).

Ο Disciplinary information

300.229(c).

Ο Referral to and action by law enforcement and judicial authorities

300.535.

RECORDS (E-Z)

• Education records (Definition)

300.611(b).

• Of parentally-placed private school CWDs (LEA to SEA)

300.132(c).

• Opportunity to examine records

300.501(a).

• Procedural safeguards notice (Access to education records)

300.504(c)(4).

• Record of access

300.614.

• See also “Transfer during academic year”

RECREATION (Definition)

300.34(c)(11).

REDUCTION OF FUNDS FOR FAILURE TO MAINTAIN SUPPORT

300.163(b).

REEVALUATION

• Frequency of occurrence

300.303(b).

• Parental consent required before conducting

300.300(c)(1).

Ο If parent fails to consent

300.300(c)(1)(ii).

• Parental consent not required for:

Ο Administering a test that all children take

300.300(d)(1)(ii).

Ο Reviewing existing data

300.300(d)(1)(i).

• Parent refusal to consent

300.300(c)(1)(ii).

• Review of existing evaluation data

300.305(a).

• Revision of IEP (To address reevaluation)

300.324(b)(1)(ii).

REFERRAL (A-M)

• Discipline:

Ο Referral to and action by law enforcement and judicial authorities

300.535.

Ο Protections for children not determined eligible

300.534.

• Enforcement (Referral for)

300.604(b)(2)(vi).

• Indian children (Referral for services or further diagnosis)

300.712(d)(2).

• Medical attention (Referral for):

Ο Audiology

300.34(c)(1)(ii).

Ο Speech-language pathology services

300.34(c)(15)(iii).

REFERRAL (N-Z)

• Nonacademic and extracurricular services (Referral to agencies regarding assistance to individuals with disabilities)

300.107(b).

• Prior notice (If not initial referral for evaluation)

300.503(b)(4).

• Private school placement when FAPE is at issue (Reimbursement when no referral by public agency)

300.148(c).

• Procedural safeguards notice (Upon initial referral for evaluation)

300.504(a)(1).

• Referral to and action by law enforcement and judicial authorities

300.535.

REGULAR EDUCATION TEACHER

• Access to IEP

300.323(d).

• IEP Team member

300.321(a)(2).

• Participate in IEP development

300.324(a)(3).

Ο Behavioral interventions

300.324(a)(3)(i).

Ο Supplementary aids and services

300.324(a)(3)(ii).

REGULATIONS

• Applicable regulations (Secretary of the Interior)

300.716.

• Applicability of this part to State, local, and private agencies

300.2.

REHABILITATION

• Assistive technology service (see § 300.6(d), (f))

• Rehabilitation Act of 1973 (see §§ 300.34(c)(12), 300.516(e))

• Rehabilitation counseling services:

Ο Definition

300.34(c)(12).

Ο In vocational rehabilitation (VR) programs

300.34(c)(12).

• Transition services (State VR agency responsibility)

300.324(c)(2).

REHABILITATION COUNSELING SERVICES

300.34(c)(12).

REIMBURSEMENT

• Methods of ensuring services (see § 300.154(a)(3), (b)(1)(ii), (b)(2), (g)(2))

• Private school placement when FAPE is at issue:

Ο Limitation on reimbursement

300.148(d).

Ο Reimbursement for private school placement

300.148(c).

Ο Subject to due process procedures

300.148(b).

• Reimbursement by non-educational public agency

300.154(b)(2).

• Reimbursement by SEA to LEA

300.704(c)(7).

RELATED SERVICES

• Definition

300.34.

• Observations by teachers and related services providers regarding existing evaluation data

300.305(a)(1)(iii).

RELATION OF PART B TO OTHER FEDERAL PROGRAMS

300.186.

RELIGIOUS SCHOOLS

• Child find for parentally-placed private school children

300.131(a).

• Child find for out-of-State children

300.131(f).

• Formula for LEA expenditures on

300.133(a).

• See “Parentally-placed private school children with disabilities”

• Services plan for each child served

300.137(c).

• Services provided on-site

300.139(a).

REMEDIES FOR DENIAL OF APPROPRIATE SERVICES

300.151(b).

REPORTS (A-C)

• Annual report of children served

300.640.

Ο See also §§ 300.641 through 300.646

• Annual report to Secretary of Interior by advisory board on Indian children

300.715(a).

• Biennial report (Indian tribes)

300.712(e).

• Child count (Annual report of children served)

300.641.

REPORTS (D-Z)

• Evaluation reports to parents

300.306(a)(2).

• Monitoring compliance of publicly placed children in private schools ( e.g. , written reports)

300.147(a).

• Monitoring reports (Waiver of nonsupplanting requirement)

300.164(c)(3).

• Performance goals (Progress reports)

300.157(c).

• Secretary's report to States regarding 25% of funds

300.812(b).

REPORT CARDS

300.320(a)(3)(ii).

REPORTING A CRIME to law enforcement and judicial authorities

300.535.

RESIDENTIAL PLACEMENTS

300.104.

REVOKE CONSENT AT ANY TIME (In definition of “Consent”)

300.9(c)(1).

RHEUMATIC FEVER

300.8(c)(9)(i).

RISK OF LOSS OF ELIGIBILITY FOR INSURANCE

300.154(d)(2)(iii)(D).

SCHOOL DAY

• Definition

300.11(c).

• See “Timelines,” “Timelines—Discipline”

SCHOOL HEALTH SERVICES AND SCHOOL NURSE SERVICES

300.34(c)(13).

SCHOOL PERSONNEL

• Content of IEP

300.320(a)(4).

• Development, review, and revision of IEP

300.324(a)(4).

• Disciplinary authority

300.530.

• Use of private school personnel

300.142(b).

• Use of public school personnel

300.142(a).

SCHOOLWIDE PROGRAMS

300.206.

SEA RESPONSIBILITY

• For all education programs

300.149.

• For direct services

300.227.

• For each parentally-placed private school child designated to receive services

300.132(b).

• For impartial review

300.514(b)(2).

• Prohibition of LEA from reducing maintenance of effort

300.608.

SECRETARY

• Determination that a State is eligible

300.178.

• Notice and hearing before determining that a State is not eligible

300.179.

• Waiver of nonsupplanting requirement

300.164.

SECRETARY OF THE INTERIOR

• Advisory board establishment

300.714.

Ο Annual report by advisory board

300.715.

• Biennial report (By tribe or tribal organization)

300.712(e).

• Eligibility (see §§ 300.708 through 300.716)

• Payments for:

Ο Children aged 3 through 5

300.712.

Ο Child find and screening

300.712(d).

• Plan for coordination of services

300.713.

• Use of funds for early intervening services

300.711.

SEPARATION—DIVORCE (Authority to review records)

300.613(c).

SERVICES PLAN for parentally-placed private school children (see §§ 300.132(b), 300.137(c) 300.138(b))

SERVICES THAT ALSO BENEFIT NONDISABLED CHILDREN

300.208(a)(1).

SHORTAGE OF PERSONNEL (Policy to address)

300.704(b)(4)(vii).

SHORT TERM OBJECTIVES OR BENCHMARKS

300.320(a)(2)(ii).

SHOULD HAVE KNOWN (Regarding due process complaint)

300.511(e).

SHOW CAUSE HEARING

300.194.

• Decision

300.195.

• Implementation of by-pass (see §§ 300.192(b)(2), 300.193)

• Right to legal counsel

300.194(a)(3).

SICKLE CELL ANEMIA

300.8(c)(9)(i).

SLD (See “Specific Learning Disability”)

SOCIAL WORK SERVICES IN SCHOOLS (Definition)

300.34(b)(14).

SPECIAL FACTORS (IEP Team)

300.324(a)(2).

SPECIAL EDUCATION (Definition)

300.39.

SPECIAL EDUCATION PROVIDER

300.321(a)(3).

SPECIAL EDUCATION TEACHER

• IEP accessible to

300.323(d).

• On IEP Team

300.321(a)(3).

• Requirements regarding highly qualified

300.18.

SPECIAL RULE

• Adjustments to local efforts

300.205(d).

• For child's eligibility determination

300.306(b).

• For increasing funds

300.704(e).

• Methods of ensuring services

300.154(c).

• LEA high cost fund

300.704(c).

• Regarding outlying areas and freely associated States

300.701(a)(3).

• Regarding transfer of rights

300.520(b).

• Regarding use of FY 1999 amount

300.703(b).

• State advisory panel (Parent members)

300.168(b).

SPECIFIC LEARNING DISABILITY

• Definition

300.8(c)(10).

• Evaluation requirements and report (see §§ 300.306(a), 300.307 through 300.311)

• Other alternative research-based procedures

300.307(a)(3).

• Response to scientific, research-based intervention (see §§ 300.307(a)(2), 300.309(a)(2)(i), 300.311(a)(7))

• Scientifically based research:

Ο Definition

300.35.

Ο Enforcement

300.604(a)(1)(ii).

• Severe discrepancy

300.307(a)(1).

SPEECH-LANGUAGE PATHOLOGY SERVICES

• Definition

300.34(b)(15).

• Speech or language impairment (Definition)

300.8(c)(11).

STATE

• Definition

300.40.

• Special definition for grants

300.717(c).

• Sovereign immunity

300.177.

STATE ADMINISTRATION (Use of funds for) (see §§ 300.704(a), 300.812(a)).

STATE ADVISORY PANEL

300.167

• Due process hearings (Findings and decisions to State advisory panel) (see §§ 300.513(d)(1), 300.514(c)(1))

• Duties

300.169.

• Establishment

300.167.

• Membership

300.168.

• Waiver of nonsupplant requirement (State has consulted with advisory panel regarding provision of FAPE)

300.164(c)(4).

STATE AGENCIES

• Applicability of Part B to other State agencies

300.2(b)(1)(iii).

• Compliance (LEA and State agency)

300.222.

• Eligibility (LEA and State agency):

Ο General conditions (see §§ 300.200 through 300.213)

• Notification of LEA or State agency in case of ineligibility

300.221.

• State advisory panel (Membership)

300.168.

• State agency eligibility

300.228.

• State Medicaid agency

300.154(a)(1), (h).

STATE COMPLAINT PROCEDURES (see §§ 300.151 through 300.153)

• See “Complaint(s): State complaint procedures”

STATE ELIGIBILITY

• Condition of assistance

300.100.

• Department procedures (see §§ 300.178 through 300.186)

• Determination of eligibility (By the Secretary)

300.178.

• General conditions

300.100.

• Notice and hearing before determining that a State is not eligible

300.179.

• Specific conditions (see §§ 300.101 through 300.176)

STATE JUVENILE AND ADULT CORRECTIONAL FACILITIES

300.2(b)(1)(iv).

• See also “Correctional facilities,” “Adult prisons”

STATE-LEVEL ACTIVITIES (With Part B funds)

300.704.

STATE-LEVEL NONSUPPLANTING

300.162(c).

• Waiver by Secretary

300.162(c)(2).

• Waiver of requirement

300.164.

STATE MAINTENANCE OF EFFORT

300.163.

SUBGRANT(S)

• State agency eligibility

300.228.

• To LEAs

300.705(a).

STATE MEDICAID AGENCY

• Methods of ensuring services

300.154(a)(1).

• See also “Medicaid”

STATE SCHOOLS

• Applicability of this part to schools for children with deafness or blindness

300.2(b)(1)(iii).

STATE VOCATIONAL REHABILITATION AGENCY (See “Rehabilitation”)

STATES' SOVEREIGN IMMUNITY

300.177.

STAY-PUT (Child's status during proceedings)

300.518.

• See also “Pendency”

SUBSTANTIAL LIKELIHOOD OF INJURY (Discipline)

300.532(a).

SUPPLEMENTARY AIDS AND SERVICES

• Definition

300.42.

• IEP content

300.320(a)(4).

• In “assistive technology”

300.105(a)(3).

• LRE requirements

300.114(a)(2)(ii).

• Methods of ensuring services

300.154(b).

• Requirement regarding regular education teacher (IEP)

300.324(a)(3)(ii).

• Services that also benefit nondisabled children

300.208(a)(1).

SUPPLEMENT—NOT SUPPLANT

• LEA requirement

300.202(a)(3).

• State level nonsupplanting

300.162(c).

• See “Nonsupplanting”

SUPPORT SERVICES (see §§ 300.704(b)(4)(i)), 300.814(a))

SURGICALLY IMPLANTED MEDICAL DEVICE (see §§ 300.5, 300.34(b), 300.113(b))

SURROGATE PARENTS

300.519.

• Appointed for homeless youth

300.519(f).

• In definition of “Parent”

300.30(a)(5).

• Timeline for assignment

300.519(h).

SUSPENSION (EXPULSION)

• Alternative programming for children expelled

300.704(b)(4)(ix).

• Provision of FAPE

300.101(a).

• Suspension and expulsion rates

300.170(a).

• Suspension or expulsion without services

300.534(d)(2)(ii).

TEACHERS

See “Regular education teacher”

See “Special education teacher”

TECHNICAL ASSISTANCE (Amounts to support)

300.702.

TECHNICALLY SOUND INSTRUMENTS (Evaluation)

300.304(b)(3).

TERMINATION OF AGENCY OBLIGATION to provide special education to a particular child (Exception to MOE)

300.204(c).

THERAPEUTIC RECREATION

300.34(b)(11)(ii).

TIMELINES (A-D)

• Access rights (Confidentiality: 45 days)

300.613(a).

• Annual report of children served (Between Oct. 1 and Dec. 1)

300.641(a).

• Annual count of parentally-placed private school children (Between Oct. 1 and Dec. 1)

300.133(c).

• Assignment of surrogate parent (Not more than 30 days)

300.519(h).

• Attorneys' fees (10 days prohibition)

300.517(c)(2)(i).

• Complaint procedures (State: 60 days)

300.152(a).

• Department hearing procedures (30 days)

300.179(b)(3).

Ο See also §§ 300.181 through 300.184

• Due process hearings and reviews (see §§ 300.510(b)(2), 300.511(e), (f)):

Ο Conducted within 20 school days; decision within 10 school days

300.532(c)(2).

Ο Decision within 45 days after expiration of 30 day period

300.515(a).

Ο Disclose evaluations before hearings (5 business days)

300.512(a)(3).

TIMELINES (E-H)

• Hearing procedures (State eligibility: 30 days)

300.179(b)(3).

• Hearing rights:

Ο Disclosure of evaluations (At least 5 business days before hearing)

300.512(b)(1).

Ο Prohibit introduction of evidence not disclosed (At least 5 business days before hearing)

300.512(a)(3).

Ο Reviews (Decision not later than 30 days)

300.515(b).

TIMELINES (I-Z)

• IEP (Initial meeting: 30 days)

300.323(c)(1).

• Initial evaluation (60 days)

300.301(c)(1).

• Parent notice before private placement (At least 10 business days)

300.148(d)(2).

• Show cause hearing

300.194(g).

• Decision

300.195(a)(1).

• State eligibility: Department hearing procedures (see §§ 300.179(b)(3), 300.181(b), 300.182(d), (e), (g), (k), 300.184)

• Timelines and convenience of hearings and reviews

300.515.

TIMELINES—DISCIPLINE (A-P)

• Authority of hearing officer (May order change of placement for not more than 45 school days)

300.532(b)(2)(ii).

• Authority of school personnel:

Ο Change of placement for not more than 45 consecutive days for weapons or drugs

300.530(g).

Ο Removal of a child for not more than 10 school days

300.530(b).

• Change of placement for disciplinary removals:

Ο Of more than 10 consecutive school days

300.536(a)(1).

Ο Because series of removals total more than 10 school days

300.536(a)(2)(i).

• Due process hearing request

300.507(a)(2).

• Expedited due process hearings:

Ο Conducted within 20 days

300.532(c)(2).

Ο Decision within 10 days

300.532(c)(3)(i).

• Hearing officer (Order change of placement for not more than 45 days)

300.532(b)(2)(ii).

• Manifestation determination review (Conducted in no more than 10 school days)

300.530(e).

• Placement during appeals (Not longer than 45 days)

300.532(b)(2)(ii).

TIMELINES—DISCIPLINE (Q-Z)

• Removals for not more than:

Ο 10 school days (By school personnel)

300.530(b).

Ο 45 days (To interim alternative educational setting)

300.532(b)(2)(ii).

By hearing officer (For substantial likelihood of injury to child or others)

300.532(b)(2)(ii).

By school personnel (For weapons or drugs) (see § 300.530(g)(1), (g)(2))

TIMETABLE: Full educational opportunity goal (FEOG)

300.109.

TRAINING

• Assistive technology services (see § 300.6(e), (f))

• Confidentiality procedures (Personnel using personally identifiable information must receive training)

300.623(c).

• Parent counseling and training

300.34(b)(8).

• Technical assistance and training for teachers and administrators

300.119.

• Travel training (see § 300.39(a)(2)(ii), (b)(4))

TRANSFER DURING ACADEMIC YEAR

• Assessments coordinated between public agencies

300.304(c)(5).

• New school district responsibilities (see § 300.323(e), (f))

• Transmittal of records

300.323(g).

TRANSFER OF PARENTAL RIGHTS

300.520.

• IEP requirement

300.320(c).

• Special rule

300.520(b).

• To children in correctional institutions

300.520(a)(2).

TRANSITION FROM PART C TO PART B

300.124.

TRANSITION SERVICES (NEEDS)

• Agency responsibilities for (see §§ 300.321(b)(3), 300.324(c)(2))

• Alternative strategies

300.324(c)(1).

• Child participation in IEP Team meetings

300.321(b)(1).

• Definition

300.43.

• IEP requirement (Statement of)

Ο Transition service needs

300.320(b).

Ο Needed transition services

300.43(b).

• State rehabilitation agency

300.324(c)(2).

TRANSMITTAL OF RECORDS TO LAW ENFORCEMENT AND JUDICIAL AUTHORITIES

300.535(b).

TRANSPORTATION

• Definition

300.34(c)(16).

• Nonacademic services

300.107(b).

• Of private school children

300.139(b).

TRAUMATIC BRAIN INJURY (Definition)

300.8(c)(12).

TRAVEL TRAINING (see § 300.39(a)(2)(ii), (b)(4))

• Definition

300.39(b)(4).

TREATMENT OF CHARTER SCHOOLS AND THEIR STUDENTS

300.209.

TREATMENT OF FEDERAL FUNDS IN CERTAIN YEARS

300.205.

UNIVERSAL DESIGN

• Definition

300.44.

• Support technology with universal design principles

300.704(b)(4)(v).

USE OF AMOUNTS (LEA)

300.202.

USE OF FUNDS BY LEAs

• Coordinated services system

300.208(a)(2).

• For school-wide programs

300.206.

• For services and aids that also benefit nondisabled children

300.208(a)(1).

• For use in accordance with Part B

300.705.

USE OF FUNDS BY STATES (SEAs) (A-C)

• Administering Part B State activities

300.704(a)(1).

• Administering Part C (If SEA is Lead Agency)

300.704(a)(4).

• Administrative costs of monitoring and complaint investigations

300.704(b)(3)(i).

• Allowable costs

300.704(b)(3).

• Amount for State administration

300.704(a)

• Annual description of use of Part B funds

300.171.

• Assist LEAs in meeting personnel shortages

300.704(b)(4)(vii).

• Complaint investigations

300.704(b)(3)(i).

• Coordination of activities with other programs

300.704(b)(1).

USE OF FUNDS BY STATES (SEAs) (D-Z)

• Direct and support services

300.704(b)(4)(i).

• High cost fund

300.704(c).

• Mediation process

300.704(b)(3)(ii).

• Monitoring

300.704(b)(3)(i).

• Personnel preparation, professional development and training (see § 300.704(b)(4)(i), (b)(4)(xi)).

• State plan

300.704(c)(3)(i).

• Statewide coordinated services system

300.814(d).

• Support and direct services

300.704(b)(4)(i).

• Technical assistance:

Ο To LEAs

300.704(b)(4)(xi).

Ο To other programs that provide services

300.704(a)(1).

USE OF FUNDS BY SECRETARY OF THE INTERIOR (see §§ 300.707 through 300.716)

• By Indian tribes:

Ο For child find for children aged 3 throught 5

300.712(d).

Ο For coordination of assistance for services

300.712(a).

• For administrative costs

300.710(a).

USE OF SEA ALLOCATIONS

300.704.

• Inapplicability of requirements that prohibit commingling and supplanting of funds

300.704(d).

VISUAL IMPAIRMENT INCLUDING BLINDNESS (Definition)

300.8(c)(13).

VOCATIONAL EDUCATION

• Definition

300.39(b)(5).

• In definition of “Special education”

300.39(a)(2)(iii).

• Program options

300.110.

• Transition services

300.320(b)(1).

VOCATIONAL REHABILITATION (See “Rehabilitation”)

VOLUNTARY DEPARTURE OF PERSONNEL

(Exception to LEA maintenance of effort)

300.204(a).

WAIVER(S)

• For exceptional and uncontrollable circumstances (State maintenance of effort)

300.163(c).

• “In whole or in part”

300.164(e).

• Public benefits or insurance (Risk of loss of eligibility for home and community-based waivers)

300.154(d)(2)(iii)(D).

• State-level nonsupplanting

300.162(c).

• State maintenance of effort

300.163.

• State's procedures for monitoring

300.164(c)(2)(ii)(B).

• Waiver procedures

300.164.

WARD OF THE STATE

• Appointment of surrogate parent

300.519(c).

• Definition

300.45.

• See definition of “Parent”

300.30(a)(3).

• See “Surrogate parents”

300.519(a)(3).

WEAPON (Definition)

300.530(i)(4).

WHEN IEPS MUST BE IN EFFECT

300.323.

§ 300.101 Free appropriate public education (FAPE).

(a) General. A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in § 300.530(d).

(b) FAPE for children beginning at age 3. (1) Each State must ensure that—

(i) The obligation to make FAPE available to each eligible child residing in the State begins no later than the child's third birthday; and

(ii) An IEP or an IFSP is in effect for the child by that date, in accordance with § 300.323(b).

(2) If a child's third birthday occurs during the summer, the child's IEP Team shall determine the date when services under the IEP or IFSP will begin.

(c) Children advancing from grade to grade. (1) Each State must ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade.

(2) The determination that a child described in paragraph (a) of this section is eligible under this part, must be made on an individual basis by the group responsible within the child's LEA for making eligibility determinations.

(Approved by the Office of Management and Budget under control number 1820-0030)

§ 300.102 Limitation—exception to FAPE for certain ages.

(a) General. The obligation to make FAPE available to all children with disabilities does not apply with respect to the following:

(1) Children aged 3, 4, 5, 18, 19, 20, or 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children of those ages.

(2)(i) Children aged 18 through 21 to the extent that State law does not require that special education and related services under Part B of the Act be provided to students with disabilities who, in the last educational placement prior to their incarceration in an adult correctional facility—

(A) Were not actually identified as being a child with a disability under § 300.8; and

(B) Did not have an IEP under Part B of the Act.

(ii) The exception in paragraph (a)(2)(i) of this section does not apply to children with disabilities, aged 18 through 21, who—

(A) Had been identified as a child with a disability under § 300.8 and had received services in accordance with an IEP, but who left school prior to their incarceration; or

(B) Did not have an IEP in their last educational setting, but who had actually been identified as a child with a disability under § 300.8.

(3)(i) Children with disabilities who have graduated from high school with a regular high school diploma.

(ii) The exception in paragraph (a)(3)(i) of this section does not apply to children who have graduated from high school but have not been awarded a regular high school diploma.

(iii) Graduation from high school with a regular high school diploma constitutes a change in placement, requiring written prior notice in accordance with § 300.503.

(iv) As used in paragraphs (a)(3)(i) through (iii) of this section, the term regular high school diploma means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in section 1111(b)(1)(E) of the ESEA. A regular high school diploma does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.

(4) Children with disabilities who are eligible under subpart H of this part, but who receive early intervention services under Part C of the Act.

(b) Documents relating to exceptions. The State must assure that the information it has provided to the Secretary regarding the exceptions in paragraph (a) of this section, as required by § 300.700 (for purposes of making grants to States under this part), is current and accurate.

(Approved by the Office of Management and Budget under control number 1820-0030)