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. |