34 C.F.R. PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
TITLE 34--Education
Subtitle B--REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
Subpart A--GENERAL
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| Applicability of this part to State, local, and private agencies.
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| Assistive technology device.
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| Assistive technology service.
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| Day; business day; school day.
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| Educational service agency.
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| Free appropriate public education.
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| Individualized education program.
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| Individualized education program team.
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| Individualized family service plan.
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| Local educational agency.
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| Supplementary aids and services.
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Subpart B--STATE AND LOCAL ELIGIBILITY
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| Exception for prior State policies and procedures on file with the Secretary.
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| Amendments to State policies and procedures.
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| Approval by the Secretary.
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| Free appropriate public education (FAPE).
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| Exception to FAPE for certain ages.
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| Full educational opportunity goal (FEOG).
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| Procedures for evaluation and determination of eligibility.
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| Confidentiality of personally identifiable information.
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| Individualized education programs.
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| Least restrictive environment.
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| Transition of children from Part C to preschool programs.
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| Children in private schools.
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| Comprehensive system of personnel development.
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| Performance goals and indicators.
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| Participation in assessments.
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| Reports relating to assessments.
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| SEA responsibility for general supervision.
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| Methods of ensuring services.
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| SEA implementation of procedural safeguards.
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| Hearings relating to LEA eligibility.
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| Recovery of funds for misclassified children.
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| Suspension and expulsion rates.
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| Additional information if SEA provides direct services.
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| Prohibition against commingling.
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| State-level nonsupplanting.
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| Maintenance of State financial support.
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| Policies and procedures for use of Part B funds.
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| Annual description of use of Part B funds.
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| Exception for prior LEA or State agency policies and procedures on file with the SEA.
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| Amendments to LEA policies and procedures.
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| Meeting the excess cost requirement.
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| Joint establishment of eligibility.
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| Requirements for establishing eligibility.
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| State agency eligibility.
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| Notification of LEA or State agency in case of ineligibility.
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| LEA and State agency compliance.
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| Consistency with State policies.
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| Exception to maintenance of effort.
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| Treatment of Federal funds in certain fiscal years.
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| Schoolwide programs under title I of the ESEA.
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| Treatment of charter schools and their students.
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| Coordinated services system.
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| School-based improvement plan.
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| Responsibilities of the LEA.
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| Submission of information.
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| Plan for coordination of services.
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| Establishment of advisory board.
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| Annual report by advisory board.
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| Public hearings before adopting State policies and procedures.
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| Opportunity to participate; comment period.
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| Review of public comments before adopting policies and procedures.
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| Publication and availability of approved policies and procedures.
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Subpart C--SERVICES
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| FAPE--methods and payments.
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| Proper functioning of hearing aids.
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| Full educational opportunity goal.
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| Extended school year services.
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| FAPE requirements for students with disabilities in adult prisons.
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| Children with disabilities in public charter schools.
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| Children experiencing developmental delays.
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| Definitions related to IEPs.
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| Responsibility of SEA and other public agencies for IEPs.
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| When IEPs must be in effect.
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| Development, review, and revision of IEP.
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| Agency responsibilities for transition services.
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| Private school placements by public agencies.
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| Use of LEA allocation for direct services.
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| Nature and location of services.
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| Nonapplicability of requirements that prohibit commingling and supplanting of funds.
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| General CSPD requirements.
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| Adequate supply of qualified personnel.
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Subpart D--CHILDREN IN PRIVATE SCHOOLS
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| Applicability of 300.400-300.402.
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| Responsibility of State educational agency.
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| Implementation by State educational agency.
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| Placement of children by parents if FAPE is at issue.
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| Definition of ''private school children with disabilities.''
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| Child find for private school children with disabilities.
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| Provision of services--basic requirement.
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| Location of services; transportation.
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| Separate classes prohibited.
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| Requirement that funds not benefit a private school.
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| Use of public school personnel.
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| Use of private school personnel.
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| Requirements concerning property, equipment, and supplies for the benefit of private school children with disabilities.
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| Provisions for services under a by-pass.
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| Notice of intent to implement a by-pass.
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Subpart E--PROCEDURAL SAFEGUARDS
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| General responsibility of public agencies; definitions.
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| Opportunity to examine records; parent participation in meetings.
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| Independent educational evaluation.
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| Prior notice by the public agency; content of notice.
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| Procedural safeguards notice.
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| Impartial due process hearing; parent notice.
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| Impartial hearing officer.
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| Finality of decision; appeal; impartial review.
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| Timelines and convenience of hearings and reviews.
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| Child's status during proceedings.
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| Transfer of parental rights at age of majority.
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| Change of placement for disciplinary removals.
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| Authority of school personnel.
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| Authority of hearing officer.
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| Determination of setting.
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| Manifestation determination review.
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| Determination that behavior was not manifestation of disability.
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| Placement during appeals.
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| Protections for children not yet eligible for special education and related services.
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| Expedited due process hearings.
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| Referral to and action by law enforcement and judicial authorities.
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| Determination of needed evaluation data.
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| Determination of eligibility.
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| Procedures for determining eligibility and placement.
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| Criteria for determining the existence of a specific learning disability.
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| General LRE requirements.
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| Continuum of alternative placements.
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| Children in public or private institutions.
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| Technical assistance and training activities.
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| Records on more than one child.
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| List of types and locations of information.
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| Amendment of records at parent's request.
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| Opportunity for a hearing.
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| Destruction of information.
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| Disciplinary information.
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| Department use of personally identifiable information.
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| Determination by the Secretary that a State is eligible.
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| Notice and hearing before determining that a State is not eligible.
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| Hearing official or panel.
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| Initial decision; final decision.
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| Waiver of requirement regarding supplementing and not supplanting with Part B funds.
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Subpart F--STATE ADMINISTRATION
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| Responsibility for all educational programs.
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| Relation of Part B to other Federal programs.
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| Use of funds for State administration.
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| Subgrants to LEAs for capacity-building and improvement.
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| Amount required for subgrants to LEAs.
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| State discretion in awarding subgrants.
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| Establishment of advisory panels.
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| Advisory panel functions.
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| Advisory panel procedures.
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| Adoption of State complaint procedures.
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| Minimum State complaint procedures.
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Subpart G--ALLOCATION OF FUNDS; REPORTS
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| Special definition of the term ''State''.
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| Allocation for State in which by-pass is implemented for private school children with disabilities.
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| Former Chapter 1 State agencies.
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| Reallocation of LEA funds.
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| Payments to the Secretary of the Interior for the education of Indian children.
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| Payments for education and services for Indian children with disabilities aged 3 through 5.
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| Outlying areas and freely associated States.
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| Outlying area--definition.
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| Limitation for freely associated States.
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| Annual report of children served--report requirement.
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| Annual report of children served--information required in the report.
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| Annual report of children served--certification.
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| Annual report of children served--criteria for counting children.
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| Annual report of children served--other responsibilities of the SEA.
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| Acquisition of equipment; construction or alteration of facilities.
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