Title 34, Part 300 — Assistance to States for the Education of Children With Disabilities
288 sections
Section 300.1
Purposes.
Section 300.2
Applicability of this part to State and local agencies.
Section 300.4
Act.
Section 300.5
Assistive technology device.
Section 300.6
Assistive technology service.
Section 300.7
Charter school.
Section 300.8
Child with a disability.
Section 300.9
Consent.
Section 300.10
[Reserved]
Section 300.11
Day; business day; school day.
Section 300.12
Educational service agency.
Section 300.13
Elementary school.
Section 300.14
Equipment.
Section 300.15
Evaluation.
Section 300.16
Excess costs.
Section 300.17
Free appropriate public education.
Section 300.18
[Reserved]
Section 300.19
Homeless children.
Section 300.20
Include.
Section 300.21
Indian and Indian tribe.
Section 300.22
Individualized education program.
Section 300.23
Individualized education program team.
Section 300.24
Individualized family service plan.
Section 300.25
Infant or toddler with a disability.
Section 300.26
Institution of higher education.
Section 300.27
Limited English proficient.
Section 300.28
Local educational agency.
Section 300.29
Native language.
Section 300.30
Parent.
Section 300.31
Parent training and information center.
Section 300.32
Personally identifiable.
Section 300.33
Public agency.
Section 300.34
Related services.
Section 300.35
[Reserved]
Section 300.36
Secondary school.
Section 300.37
Services plan.
Section 300.38
Secretary.
Section 300.39
Special education.
Section 300.40
State.
Section 300.41
State educational agency.
Section 300.42
Supplementary aids and services.
Section 300.43
Transition services.
Section 300.44
Universal design.
Section 300.45
Ward of the State.
Section 300.100
Eligibility for assistance.
Section 300.101
Free appropriate public education (FAPE).
Section 300.102
Limitation—exception to FAPE for certain ages.
Section 300.103
FAPE—methods and payments.
Section 300.104
Residential placement
Section 300.105
Assistive technology.
Section 300.106
Extended school year services.
Section 300.107
Nonacademic services.
Section 300.108
Physical education.
Section 300.109
Full educational opportunity goal (FEOG).
Section 300.110
Program options.
Section 300.111
Child find.
Section 300.112
Individualized education programs (IEP).
Section 300.113
Routine checking of hearing aids and external components of surgically implanted medical devices.
Section 300.114
LRE requirements.
Section 300.115
Continuum of alternative placements.
Section 300.116
Placements.
Section 300.117
Nonacademic settings.
Section 300.118
Children in public or private institutions.
Section 300.119
Technical assistance and training activities.
Section 300.120
Monitoring activities.
Section 300.121
Procedural safeguards.
Section 300.122
Evaluation.
Section 300.123
Confidentiality of personally identifiable information.
Section 300.124
Transition of children from the Part C program to preschool programs.
Section 300.125-300.128
§§ 300.125-300.128 [Reserved]
Section 300.129
State responsibility regarding children in private schools.
Section 300.130
Definition of parentally-placed private school children with disabilities.
Section 300.131
Child find for parentally-placed private school children with disabilities.
Section 300.132
Provision of services for parentally-placed private school children with disabilities—basic requirement.
Section 300.133
Expenditures.
Section 300.134
Consultation.
Section 300.135
Written affirmation.
Section 300.136
Compliance.
Section 300.137
Equitable services determined.
Section 300.138
Equitable services provided.
Section 300.139
Location of services and transportation.
Section 300.140
Due process complaints and State complaints.
Section 300.141
Requirement that funds not benefit a private school.
Section 300.142
Use of personnel.
Section 300.143
Separate classes prohibited.
Section 300.144
Property, equipment, and supplies.
Section 300.145
Applicability of §§ 300.146 through 300.147.
Section 300.146
Responsibility of SEA.
Section 300.147
Implementation by SEA.
Section 300.148
Placement of children by parents when FAPE is at issue.
Section 300.149
SEA responsibility for general supervision.
Section 300.150
SEA implementation of procedural safeguards.
Section 300.151
Adoption of State complaint procedures.
Section 300.152
Minimum State complaint procedures.
Section 300.153
Filing a complaint.
Section 300.154
Methods of ensuring services.
Section 300.155
Hearings relating to LEA eligibility.
Section 300.156
Personnel qualifications.
Section 300.157
Performance goals and indicators.
Section 300.158-300.159
§§ 300.158-300.159 [Reserved]
Section 300.160
Participation in assessments.
Section 300.161
[Reserved]
Section 300.162
Supplementation of State, local, and other Federal funds.
Section 300.163
Maintenance of State financial support.
Section 300.164
Waiver of requirement regarding supplementing and not supplanting with Part B funds.
Section 300.165
Public participation.
Section 300.166
Rule of construction.
Section 300.167
State advisory panel.
Section 300.168
Membership.
Section 300.169
Duties.
Section 300.170
Suspension and expulsion rates.
Section 300.171
Annual description of use of Part B funds.
Section 300.172
Access to instructional materials.
Section 300.173
Overidentification and disproportionality.
Section 300.174
Prohibition on mandatory medication.
Section 300.175
SEA as provider of FAPE or direct services.
Section 300.176
Exception for prior State plans.
Section 300.177
States' sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities.
Section 300.178
Determination by the Secretary that a State is eligible to receive a grant.
Section 300.179
Notice and hearing before determining that a State is not eligible to receive a grant.
Section 300.180
Hearing official or panel.
Section 300.181
Hearing procedures.
Section 300.182
Initial decision; final decision.
Section 300.183
Filing requirements.
Section 300.184
Judicial review.
Section 300.185
[Reserved]
Section 300.186
Assistance under other Federal programs.
Section 300.190
By-pass—general.
Section 300.191
Provisions for services under a by-pass.
Section 300.192
Notice of intent to implement a by-pass.
Section 300.193
Request to show cause.
Section 300.194
Show cause hearing.
Section 300.195
Decision.
Section 300.196
Filing requirements.
Section 300.197
Judicial review.
Section 300.198
Continuation of a by-pass.
Section 300.199
State administration.
Section 300.200
Condition of assistance.
Section 300.201
Consistency with State policies.
Section 300.202
Use of amounts.
Section 300.203
Maintenance of effort.
Section 300.204
Exception to maintenance of effort.
Section 300.205
Adjustment to local fiscal efforts in certain fiscal years.
Section 300.206
Schoolwide programs under title I of the ESEA.
Section 300.207
Personnel development.
Section 300.208
Permissive use of funds.
Section 300.209
Treatment of charter schools and their students.
Section 300.210
Purchase of instructional materials.
Section 300.211
Information for SEA.
Section 300.212
Public information.
Section 300.213
Records regarding migratory children with disabilities.
Section 300.214-300.219
§§ 300.214-300.219 [Reserved]
Section 300.220
Exception for prior local plans.
Section 300.221
Notification of LEA or State agency in case of ineligibility.
Section 300.222
LEA and State agency compliance.
Section 300.223
Joint establishment of eligibility.
Section 300.224
Requirements for establishing eligibility.
Section 300.225
[Reserved]
Section 300.226
Early intervening services.
Section 300.227
Direct services by the SEA.
Section 300.228
State agency eligibility.
Section 300.229
Disciplinary information.
Section 300.230
SEA flexibility.
Section 300.300
Parental consent.
Section 300.301
Initial evaluations.
Section 300.302
Screening for instructional purposes is not evaluation.
Section 300.303
Reevaluations.
Section 300.304
Evaluation procedures.
Section 300.305
Additional requirements for evaluations and reevaluations.
Section 300.306
Determination of eligibility.
Section 300.307
Specific learning disabilities.
Section 300.308
Additional group members.
Section 300.309
Determining the existence of a specific learning disability.
Section 300.310
Observation.
Section 300.311
Specific documentation for the eligibility determination.
Section 300.320
Definition of individualized education program.
Section 300.321
Iep Team.
Section 300.322
Parent participation.
Section 300.323
When IEPs must be in effect.
Section 300.324
Development, review, and revision of IEP.
Section 300.325
Private school placements by public agencies.
Section 300.326
[Reserved]
Section 300.327
Educational placements.
Section 300.328
Alternative means of meeting participation.
Section 300.500
Responsibility of SEA and other public agencies.
Section 300.501
Opportunity to examine records; parent participation in meetings.
Section 300.502
Independent educational evaluation.
Section 300.503
Prior notice by the public agency; content of notice.
Section 300.504
Procedural safeguards notice.
Section 300.505
Electronic mail.
Section 300.506
Mediation.
Section 300.507
Filing a due process complaint.
Section 300.508
Due process complaint.
Section 300.509
Model forms.
Section 300.510
Resolution process.
Section 300.511
Impartial due process hearing.
Section 300.512
Hearing rights.
Section 300.513
Hearing decisions.
Section 300.514
Finality of decision; appeal; impartial review.
Section 300.515
Timelines and convenience of hearings and reviews.
Section 300.516
Civil action.
Section 300.517
Attorneys' fees.
Section 300.518
Child's status during proceedings.
Section 300.519
Surrogate parents.
Section 300.520
Transfer of parental rights at age of majority.
Section 300.521-300.529
§§ 300.521-300.529 [Reserved]
Section 300.530
Authority of school personnel.
Section 300.531
Determination of setting.
Section 300.532
Appeal.
Section 300.533
Placement during appeals.
Section 300.534
Protections for children not determined eligible for special education and related services.
Section 300.535
Referral to and action by law enforcement and judicial authorities.
Section 300.536
Change of placement because of disciplinary removals.
Section 300.537
State enforcement mechanisms.
Section 300.538-300.599
§§ 300.538-300.599 [Reserved]
Section 300.600
State monitoring and enforcement.
Section 300.601
State performance plans and data collection.
Section 300.602
State use of targets and reporting.
Section 300.603
Secretary's review and determination regarding State performance.
Section 300.604
Enforcement.
Section 300.605
Withholding funds.
Section 300.606
Public attention.
Section 300.607
Divided State agency responsibility.
Section 300.608
State enforcement.
Section 300.609
Rule of construction.
Section 300.610
Confidentiality.
Section 300.611
Definitions.
Section 300.612
Notice to parents.
Section 300.613
Access rights.
Section 300.614
Record of access.
Section 300.615
Records on more than one child.
Section 300.616
List of types and locations of information.
Section 300.617
Fees.
Section 300.618
Amendment of records at parent's request.
Section 300.619
Opportunity for a hearing.
Section 300.620
Result of hearing.
Section 300.621
Hearing procedures.
Section 300.622
Consent.
Section 300.623
Safeguards.
Section 300.624
Destruction of information.
Section 300.625
Children's rights.
Section 300.626
Enforcement.
Section 300.627
Department use of personally identifiable information.
Section 300.640
Annual report of children served—report requirement.
Section 300.641
Annual report of children served—information required in the report.
Section 300.642
Data reporting.
Section 300.643
Annual report of children served—certification.
Section 300.644
Annual report of children served—criteria for counting children.
Section 300.645
Annual report of children served—other responsibilities of the SEA.
Section 300.646
Disproportionality.
Section 300.647
Determining significant disproportionality.
Section 300.700
Grants to States.
Section 300.701
Outlying areas, freely associated States, and the Secretary of the Interior.
Section 300.702
Technical assistance.
Section 300.703
Allocations to States.
Section 300.704
State-level activities.
Section 300.705
Subgrants to LEAs.
Section 300.706
[Reserved]
Section 300.707
Use of amounts by Secretary of the Interior.
Section 300.708
Submission of information.
Section 300.709
Public participation.
Section 300.710
Use of funds under Part B of the Act.
Section 300.711
Early intervening services.
Section 300.712
Payments for education and services for Indian children with disabilities aged three through five.
Section 300.713
Plan for coordination of services.
Section 300.714
Establishment of advisory board.
Section 300.715
Annual reports.
Section 300.716
Applicable regulations.
Section 300.717
Definitions applicable to allotments, grants, and use of funds.
Section 300.718
Acquisition of equipment and construction or alteration of facilities.
Section 300.800
In general.
Section 300.801-300.802
§§ 300.801-300.802 [Reserved]
Section 300.803
Definition of State.
Section 300.804
Eligibility.
Section 300.805
[Reserved]
Section 300.806
Eligibility for financial assistance.
Section 300.807
Allocations to States.
Section 300.808
Increase in funds.
Section 300.809
Limitations.
Section 300.810
Decrease in funds.
Section 300.811
[Reserved]
Section 300.812
Reservation for State activities.
Section 300.813
State administration.
Section 300.814
Other State-level activities.
Section 300.815
Subgrants to LEAs.
Section 300.816
Allocations to LEAs.
Section 300.817
Reallocation of LEA funds.
Section 300.818
Part C of the Act inapplicable.