1998 CFR Title 34, Volume 2

Title 34--Education CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
	300.1	Purpose.
	300.2	Applicability to State, local, and private agencies.
	300.3	Regulations that apply.
	300.4	Act.
	300.5	Assistive technology device.
	300.6	Assistive technology service.
	300.7	Children with disabilities.
	300.8	Free appropriate public education.
	300.9	Include.
	300.10	Intermediate educational unit.
	300.11	Local educational agency.
	300.12	Native language.
	300.13	Parent.
	300.14	Public agency.
	300.15	Qualified.
	300.16	Related services.
	300.17	Special education.
	300.18	Transition services.
	300.110	Condition of assistance.
	300.111	Content of plan.
	300.121	Right to a free appropriate public education.
	300.122	Timelines and ages for free appropriate public education.
	300.123	Full educational opportunity goal.
	300.125	Full educational opportunity goal--timetable.
	300.126	Full educational opportunity goal--facilities, personnel, and services.
	300.127	Priorities.
	300.128	Identification, location, and evaluation of children with disabilities.
	300.129	Confidentiality of personally identifiable information.
	300.130	Individualized education programs.
	300.131	Procedural safeguards.
	300.132	Least restrictive environment.
	300.133	Protection in evaluation procedures.
	300.134	Responsibility of State educational agency for all educational programs.
	300.136	Implementation procedures--State educational agency.
	300.137	Procedures for consultation.
	300.138	Other Federal programs.
	300.139	Comprehensive system of personnel development.
	300.140	Private schools.
	300.141	Recovery of funds for misclassified children.
	300.144	Hearing on application.
	300.145	Prohibition of commingling.
	300.146	Annual evaluation.
	300.147	State advisory panel.
	300.148	Policies and procedures for use of part B funds.
	300.149	Description of use of part B funds.
	300.150	State-level nonsupplanting.
	300.151	Additional information if the State educational agency provides direct services.
	300.152	Interagency agreements.
	300.153	Personnel standards.
	300.154	Transition of individuals from part H to part B.
	300.180	Submission of application.
	300.182	The excess cost requirement.
	300.183	Meeting the excess cost requirement.
	300.184	Excess costs--computation of minimum amount.
	300.185	Computation of excess costs--consolidated application.
	300.186	Excess costs--limitation on use of part B funds.
	300.190	Consolidated applications.
	300.192	State regulation of consolidated applications.
	300.193	State educational agency approval; disapproval.
	300.194	Withholding.
	300.220	Child identification.
	300.221	Confidentiality of personally identifiable information.
	300.222	Full educational opportunity goal--timetable.
	300.223	Facilities, personnel, and services.
	300.224	Personnel development.
	300.225	Priorities.
	300.226	Parent involvement.
	300.227	Participation in regular education programs.
	300.229	Excess cost.
	300.230	Nonsupplanting.
	300.231	Comparable services.
	300.235	Individualized education programs.
	300.237	Procedural safeguards.
	300.238	Use of part B funds.
	300.240	Other requirements.
	300.260	Submission of application; approval.
	300.261	Public participation.
	300.262	Use of part B funds.
	300.263	Applicable regulations.
	300.280	Public hearings before adopting a State plan.
	300.281	Notice.
	300.282	Opportunity to participate; comment period.
	300.283	Review of public comments before adopting plan.
	300.284	Publication and availability of approved plan.
	300.300	Timelines for free appropriate public education.
	300.301	Free appropriate public education--methods and payments.
	300.302	Residential placement.
	300.303	Proper functioning of hearing aids.
	300.304	Full educational opportunity goal.
	300.305	Program options.
	300.306	Nonacademic services.
	300.307	Physical education.
	300.308	Assistive technology.
	300.320	Definitions of ``first priority children'' and ``second priority children.''
	300.321	Priorities.
	300.323	Services to other children.
	300.324	Application of local educational agency to use funds for the second priority.
	300.340	Definitions.
	300.341	State educational agency responsibility.
	300.342	When individualized education programs must be in effect.
	300.343	Meetings.
	300.344	Participants in meetings.
	300.345	Parent participation.
	300.346	Content of individualized education program.
	300.347	Agency responsibilities for transition services.
	300.348	Private school placements by public agencies.
	300.349	Children with disabilities in parochial or other private schools.
	300.350	Individualized education program--accountability.
	300.360	Use of local educational agency allocation for direct services.
	300.361	Nature and location of services.
	300.370	Use of State agency allocations.
	300.371	State matching.
	300.372	Applicability of nonsupplanting requirement.
	300.380	General.
	300.381	Adequate supply of qualified personnel.
	300.382	Personnel preparation and continuing education.
	300.383	Data system on personnel and personnel development.
	300.400	Applicability of 300.400-300.402.
	300.401	Responsibility of State educational agency.
	300.402	Implementation by State educational agency.
	300.403	Placement of children by parents.
	300.450	Definition of ``private school children with disabilities.''
	300.451	State educational agency responsibility.
	300.452	Local educational agency responsibility.
	300.480	By-pass--general.
	300.481	Provisions for services under a by-pass.
	300.482	Notice of intent to implement a by-pass.
	300.483	Request to show cause.
	300.484	Show cause hearing.
	300.485	Decision.
	300.486	Filing requirements.
	300.487	Judicial review.
	300.500	Definitions of ``consent,'' ``evaluation,'' and ``personally identifiable.''
	300.501	General responsibility of public agencies.
	300.502	Opportunity to examine records.
	300.503	Independent educational evaluation.
	300.504	Prior notice; parent consent.
	300.505	Content of notice.
	300.506	Impartial due process hearing.
	300.507	Impartial hearing officer.
	300.508	Hearing rights.
	300.509	Hearing decision; appeal.
	300.510	Administrative appeal; impartial review.
	300.511	Civil action.
	300.512	Timelines and convenience of hearings and reviews.
	300.513	Child's status during proceedings.
	300.514	Surrogate parents.
	300.515	Attorneys' fees.
	300.530	General.
	300.531	Preplacement evaluation.
	300.532	Evaluation procedures.
	300.533	Placement procedures.
	300.534	Reevaluation.
	300.540	Additional team members.
	300.541	Criteria for determining the existence of a specific learning disability.
	300.542	Observation.
	300.543	Written report.
	300.550	General.
	300.551	Continuum of alternative placements.
	300.552	Placements.
	300.553	Nonacademic settings.
	300.554	Children in public or private institutions.
	300.555	Technical assistance and training activities.
	300.556	Monitoring activities.
	300.560	Definitions.
	300.561	Notice to parents.
	300.562	Access rights.
	300.563	Record of access.
	300.564	Records on more than one child.
	300.565	List of types and locations of information.
	300.566	Fees.
	300.567	Amendment of records at parent's request.
	300.568	Opportunity for a hearing.
	300.569	Result of hearing.
	300.570	Hearing procedures.
	300.571	Consent.
	300.572	Safeguards.
	300.573	Destruction of information.
	300.574	Children's rights.
	300.575	Enforcement.
	300.576	Department.
	300.581	Disapproval of a State plan.
	300.582	Content of notice.
	300.583	Hearing official or panel.
	300.584	Hearing procedures.
	300.585	Initial decision; final decision.
	300.586	Filing requirements.
	300.587	Judicial review.
	300.589	Waiver of requirement regarding supplementing and supplanting with part B funds.
	300.600	Responsibility for all educational programs.
	300.601	Relation of part B to other Federal programs.
	300.620	Federal funds for State administration.
	300.621	Allowable costs.
	300.650	Establishment.
	300.651	Membership.
	300.652	Advisory panel functions.
	300.653	Advisory panel procedures.
	300.660	Adoption of State complaint procedures.
	300.661	Minimum State complaint procedures.
	300.662	Filing a complaint.
	300.700	Special definition of the term ``State.''
	300.701	State entitlement; formula.
	300.702	Limitations and exclusions.
	300.703	Ratable reductions.
	300.704	Hold harmless provision.
	300.705	Allocation for State in which by-pass is implemented for private school children with disabilities.
	300.706	Within-State distribution: Fiscal year 1979 and after.
	300.707	Local educational agency entitlement; formula.
	300.708	Reallocation of local educational agency funds.
	300.709	Payments to the Secretary of the Interior for the education of Indian children.
	300.710	Payments to the Secretary of the Interior for Indian tribes or tribal organizations.
	300.711	Entitlements to jurisdictions.
	300.750	Annual report of children served--report requirement.
	300.751	Annual report of children served--information required in the report.
	300.752	Annual report of children served--certification.
	300.753	Annual report of children served--criteria for counting children.
	300.754	Annual report of children served--other responsibilities of the State educational agency.