Collapse to view only § 300.809 - Limitations.
- § 300.800 - In general.
- §§ 300.801-300.802 - §[Reserved]
- § 300.803 - Definition of State.
- § 300.804 - Eligibility.
- § 300.805 - [Reserved]
- § 300.806 - Eligibility for financial assistance.
- § 300.807 - Allocations to States.
- § 300.808 - Increase in funds.
- § 300.809 - Limitations.
- § 300.810 - Decrease in funds.
- § 300.811 - [Reserved]
- § 300.812 - Reservation for State activities.
- § 300.813 - State administration.
- § 300.814 - Other State-level activities.
- § 300.815 - Subgrants to LEAs.
- § 300.816 - Allocations to LEAs.
- § 300.817 - Reallocation of LEA funds.
- § 300.818 - Part C of the Act inapplicable.
- APPENDIX Appendix A - Appendix A to Part 300—Excess Costs Calculation
- APPENDIX Appendix B - Appendix B to Part 300—Proportionate Share Calculation
- APPENDIX Appendix C - Appendix C to Part 300—National Instructional Materials Accessibility Standard (NIMAS)
- APPENDIX Appendix D - Appendix D to Part 300—Maintenance of Effort and Early Intervening Services
- APPENDIX Appendix E - Appendix E to Part 300—Local Educational Agency Maintenance of Effort Calculation Examples
- APPENDIX Appendix F - Appendix F to Part 300—Index for IDEA—Part B Regulations (34 CFR Part 300)
§ 300.800 - In general.
The Secretary provides grants under section 619 of the Act to assist States to provide special education and related services in accordance with Part B of the Act—
(a) To children with disabilities aged three through five years; and
(b) At a State's discretion, to two-year-old children with disabilities who will turn three during the school year.
§§ 300.801-300.802 - §[Reserved]
§ 300.803 - Definition of State.
As used in this subpart, State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
§ 300.804 - Eligibility.
A State is eligible for a grant under section 619 of the Act if the State—
(a) Is eligible under section 612 of the Act to receive a grant under Part B of the Act; and
(b) Makes FAPE available to all children with disabilities, aged three through five, residing in the State.
§ 300.805 - [Reserved]
§ 300.806 - Eligibility for financial assistance.
No State or LEA, or other public institution or agency, may receive a grant or enter into a contract or cooperative agreement under subpart 2 or 3 of Part D of the Act that relates exclusively to programs, projects, and activities pertaining to children aged three through five years, unless the State is eligible to receive a grant under section 619(b) of the Act.
§ 300.807 - Allocations to States.
The Secretary allocates the amount made available to carry out section 619 of the Act for a fiscal year among the States in accordance with §§ 300.808 through 300.810.
§ 300.808 - Increase in funds.
If the amount available for allocation to States under § 300.807 for a fiscal year is equal to or greater than the amount allocated to the States under section 619 of the Act for the preceding fiscal year, those allocations are calculated as follows:
(a) Except as provided in § 300.809, the Secretary—
(1) Allocates to each State the amount the State received under section 619 of the Act for fiscal year 1997;
(2) Allocates 85 percent of any remaining funds to States on the basis of the States' relative populations of children aged three through five; and
(3) Allocates 15 percent of those remaining funds to States on the basis of the States' relative populations of all children aged three through five who are living in poverty.
(b) For the purpose of making grants under this section, the Secretary uses the most recent population data, including data on children living in poverty, that are available and satisfactory to the Secretary.
§ 300.809 - Limitations.
(a) Notwithstanding § 300.808, allocations under that section are subject to the following:
(1) No State's allocation may be less than its allocation under section 619 of the Act for the preceding fiscal year.
(2) No State's allocation may be less than the greatest of—
(i) The sum of—
(A) The amount the State received under section 619 of the Act for fiscal year 1997; and
(B) One-third of one percent of the amount by which the amount appropriated under section 619(j) of the Act for the fiscal year exceeds the amount appropriated for section 619 of the Act for fiscal year 1997;
(ii) The sum of—
(A) The amount the State received under section 619 of the Act for the preceding fiscal year; and
(B) That amount multiplied by the percentage by which the increase in the funds appropriated under section 619 of the Act from the preceding fiscal year exceeds 1.5 percent; or
(iii) The sum of—
(A) The amount the State received under section 619 of the Act for the preceding fiscal year; and
(B) That amount multiplied by 90 percent of the percentage increase in the amount appropriated under section 619 of the Act from the preceding fiscal year.
(b) Notwithstanding paragraph (a)(2) of this section, no State's allocation under § 300.808 may exceed the sum of—
(1) The amount the State received under section 619 of the Act for the preceding fiscal year; and
(2) That amount multiplied by the sum of 1.5 percent and the percentage increase in the amount appropriated under section 619 of the Act from the preceding fiscal year.
(c) If the amount available for allocation to States under § 300.808 and paragraphs (a) and (b) of this section is insufficient to pay those allocations in full, those allocations are ratably reduced, subject to paragraph (a)(1) of this section.
§ 300.810 - Decrease in funds.
If the amount available for allocations to States under § 300.807 for a fiscal year is less than the amount allocated to the States under section 619 of the Act for the preceding fiscal year, those allocations are calculated as follows:
(a) If the amount available for allocations is greater than the amount allocated to the States for fiscal year 1997, each State is allocated the sum of—
(1) The amount the State received under section 619 of the Act for fiscal year 1997; and
(2) An amount that bears the same relation to any remaining funds as the increase the State received under section 619 of the Act for the preceding fiscal year over fiscal year 1997 bears to the total of all such increases for all States.
(b) If the amount available for allocations is equal to or less than the amount allocated to the States for fiscal year 1997, each State is allocated the amount the State received for fiscal year 1997, ratably reduced, if necessary.
§ 300.811 - [Reserved]
§ 300.812 - Reservation for State activities.
(a) Each State may reserve not more than the amount described in paragraph (b) of this section for administration and other State-level activities in accordance with §§ 300.813 and 300.814.
(b) For each fiscal year, the Secretary determines and reports to the SEA an amount that is 25 percent of the amount the State received under section 619 of the Act for fiscal year 1997, cumulatively adjusted by the Secretary for each succeeding fiscal year by the lesser of—
(1) The percentage increase, if any, from the preceding fiscal year in the State's allocation under section 619 of the Act; or
(2) The rate of inflation, as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor.
§ 300.813 - State administration.
(a) For the purpose of administering section 619 of the Act (including the coordination of activities under Part B of the Act with, and providing technical assistance to, other programs that provide services to children with disabilities), a State may use not more than 20 percent of the maximum amount the State may reserve under § 300.812 for any fiscal year.
(b) Funds described in paragraph (a) of this section may also be used for the administration of Part C of the Act.
§ 300.814 - Other State-level activities.
Each State must use any funds the State reserves under § 300.812 and does not use for administration under § 300.813—
(a) For support services (including establishing and implementing the mediation process required by section 615(e) of the Act), which may benefit children with disabilities younger than three or older than five as long as those services also benefit children with disabilities aged three through five;
(b) For direct services for children eligible for services under section 619 of the Act;
(c) For activities at the State and local levels to meet the performance goals established by the State under section 612(a)(15) of the Act;
(d) To supplement other funds used to develop and implement a statewide coordinated services system designed to improve results for children and families, including children with disabilities and their families, but not more than one percent of the amount received by the State under section 619 of the Act for a fiscal year;
(e) To provide early intervention services (which must include an educational component that promotes school readiness and incorporates preliteracy, language, and numeracy skills) in accordance with Part C of the Act to children with disabilities who are eligible for services under section 619 of the Act and who previously received services under Part C of the Act until such children enter, or are eligible under State law to enter, kindergarten; or
(f) At the State's discretion, to continue service coordination or case management for families who receive services under Part C of the Act, consistent with § 300.814(e).
§ 300.815 - Subgrants to LEAs.
Each State that receives a grant under section 619 of the Act for any fiscal year must distribute all of the grant funds the State does not reserve under § 300.812 to LEAs (including public charter schools that operate as LEAs) in the State that have established their eligibility under section 613 of the Act. Effective with funds that become available on July 1, 2009, each State must distribute funds to eligible LEAs that are responsible for providing education to children aged three through five years, including public charter schools that operate as LEAs, even if the LEA is not serving any preschool children with disabilities.
§ 300.816 - Allocations to LEAs.
(a) Base payments. The State must first award each LEA described in § 300.815 the amount that agency would have received under section 619 of the Act for fiscal year 1997 if the State had distributed 75 percent of its grant for that year under section 619(c)(3), as such section was then in effect.
(b) Base payment adjustments. For fiscal year 1998 and beyond—
(1) If a new LEA is created, the State must divide the base allocation determined under paragraph (a) of this section for the LEAs that would have been responsible for serving children with disabilities now being served by the new LEA, among the new LEA and affected LEAs based on the relative numbers of children with disabilities ages three through five currently provided special education by each of the LEAs;
(2) If one or more LEAs are combined into a single new LEA, the State must combine the base allocations of the merged LEAs;
(3) If for two or more LEAs, geographic boundaries or administrative responsibility for providing services to children with disabilities ages three through five changes, the base allocations of affected LEAs must be redistributed among affected LEAs based on the relative numbers of children with disabilities ages three through five currently provided special education by each affected LEA; and
(4) If an LEA received a base payment of zero in its first year of operation, the SEA must adjust the base payment for the first fiscal year after the first annual child count in which the LEA reports that it is serving any children with disabilities aged three through five years. The State must divide the base allocation determined under paragraph (a) of this section for the LEAs that would have been responsible for serving children with disabilities aged three through five years now being served by the LEA, among the LEA and affected LEAs based on the relative numbers of children with disabilities aged three through five years currently provided special education by each of the LEAs. This requirement takes effect with funds that become available on July 1, 2009.
(c) Allocation of remaining funds. After making allocations under paragraph (a) of this section, the State must—
(1) Allocate 85 percent of any remaining funds to those LEAs on the basis of the relative numbers of children enrolled in public and private elementary schools and secondary schools within the LEA's jurisdiction; and
(2) Allocate 15 percent of those remaining funds to those LEAs in accordance with their relative numbers of children living in poverty, as determined by the SEA.
(d) Use of best data. For the purpose of making grants under this section, States must apply on a uniform basis across all LEAs the best data that are available to them on the numbers of children enrolled in public and private elementary and secondary schools and the numbers of children living in poverty.
§ 300.817 - Reallocation of LEA funds.
(a) If an SEA determines that an LEA is adequately providing FAPE to all children with disabilities aged three through five years residing in the area served by the LEA with State and local funds, the SEA may reallocate any portion of the funds under section 619 of the Act that are not needed by that LEA to provide FAPE, to other LEAs in the State that are not adequately providing special education and related services to all children with disabilities aged three through five years residing in the areas served by those other LEAs. The SEA may also retain those funds for use at the State level to the extent the State has not reserved the maximum amount of funds it is permitted to reserve for State-level activities pursuant to § 300.812.
(b) After an SEA distributes section 619 funds to an eligible LEA that is not serving any children with disabilities aged three through five years, as provided in § 300.815, the SEA must determine, within a reasonable period of time prior to the end of the carryover period in 34 CFR 76.709, whether the LEA has obligated the funds. The SEA may reallocate any of those funds not obligated by the LEA to other LEAs in the State that are not adequately providing special education and related services to all children with disabilities aged three through five years residing in the areas served by those other LEAs. The SEA may also retain those funds for use at the State level to the extent the State has not reserved the maximum amount of funds it is permitted to reserve for State-level activities pursuant to § 300.812.
§ 300.818 - Part C of the Act inapplicable.
Part C of the Act does not apply to any child with a disability receiving FAPE, in accordance with Part B of the Act, with funds received under section 619 of the Act.
Appendix A - Appendix A to Part 300—Excess Costs Calculation
Except as otherwise provided, amounts provided to an LEA under Part B of the Act may be used only to pay the excess costs of providing special education and related services to children with disabilities. Excess costs are those costs for the education of an elementary school or secondary school student with a disability that are in excess of the average annual per student expenditure in an LEA during the preceding school year for an elementary school or secondary school student, as may be appropriate. An LEA must spend at least the average annual per student expenditure on the education of an elementary school or secondary school child with a disability before funds under Part B of the Act are used to pay the excess costs of providing special education and related services.
Section 602(8) of the Act and § 300.16 require the LEA to compute the minimum average amount separately for children with disabilities in its elementary schools and for children with disabilities in its secondary schools. LEAs may not compute the minimum average amount it must spend on the education of children with disabilities based on a combination of the enrollments in its elementary schools and secondary schools.
The following example shows how to compute the minimum average amount an LEA must spend for the education of each of its elementary school children with disabilities under section 602(3) of the Act before it may use funds under Part B of the Act.
a. First the LEA must determine the total amount of its expenditures for elementary school students from all sources—local, State, and Federal (including Part B)—in the preceding school year. Only capital outlay and debt services are excluded.
Example:The following is an example of a computation for children with disabilities enrolled in an LEA's elementary schools. In this example, the LEA had an average elementary school enrollment for the preceding school year of 800 (including 100 children with disabilities). The LEA spent the following amounts last year for elementary school students (including its elementary school children with disabilities):| (1) | From State and local tax funds | $6,500,000 | (2) | From Federal funds | 600,000 | Total expenditures | 7,100,000 |
| (1) | Total Expenditures | $7,100,000 | (2) | Less capital outlay and debt | −60,000 | Total expenditures for elementary school students less capital outlay and debt | $7,040,000 |
b. Next, the LEA must subtract from the total expenditures amounts spent for:
(1) IDEA, Part B allocation,
(2) ESEA, Title I, Part A allocation,
(3) ESEA, Title III, Parts A and B allocation,
(4) State and local funds for children with disabilities, and
(5) State or local funds for programs under ESEA, Title I, Part A, and Title III, Parts A and B.
These are funds that the LEA actually spent, not funds received last year but carried over for the current school year.
Example:The LEA spent the following amounts for elementary school students last year:| (1) | From funds under IDEA, Part B allocation | $ 200,000 | (2) | From funds under ESEA, Title I, Part A allocation | 250,000 | (3) | From funds under ESEA, Title III, Parts A and B allocation | 50,000 | (4) | From State funds and local funds for children with disabilities | 500,000 | (5) | From State and local funds for programs under ESEA, Title I, Part A, and Title III, Parts A and B | 150,000 | Total | 1,150,000 | (1) | Total expenditures less capital outlay and debt | 7,040,000 | (2) | Other deductions | −1,150,000 | Total | $5,890,000 |
c. Except as otherwise provided, the LEA next must determine the average annual per student expenditure for its elementary schools dividing the average number of students enrolled in the elementary schools of the agency during the preceding year (including its children with disabilities) into the amount computed under the above paragraph. The amount obtained through this computation is the minimum amount the LEA must spend (on the average) for the education of each of its elementary school children with disabilities. Funds under Part B of the Act may be used only for costs over and above this minimum.
| (1) | Amount from Step b | $5,890,000 | (2) | Average number of students enrolled | 800 | (3) | $5,890,000/800 Average annual per student expenditure | $ 7,362 |
d. Except as otherwise provided, to determine the total minimum amount of funds the LEA must spend for the education of its elementary school children with disabilities in the LEA (not including capital outlay and debt service), the LEA must multiply the number of elementary school children with disabilities in the LEA times the average annual per student expenditure obtained in paragraph c above. Funds under Part B of the Act can only be used for excess costs over and above this minimum.
| (1) | Number of children with disabilities in the LEA's elementary schools | 100 | (2) | Average annual per student expenditure | $ 7,362 | (3) | $7,362 × 100 | Total minimum amount of funds the LEA must spend for the education of children with disabilities enrolled in the LEA's elementary schools before using Part B funds | $ 736,200 |
Appendix B - Appendix B to Part 300—Proportionate Share Calculation
Each LEA must expend, during the grant period, on the provision of special education and related services for the parentally-placed private school children with disabilities enrolled in private elementary schools and secondary schools located in the LEA an amount that is equal to—
(1) A proportionate share of the LEA's subgrant under section 611(f) of the Act for children with disabilities aged 3 through 21. This is an amount that is the same proportion of the LEA's total subgrant under section 611(f) of the Act as the number of parentally-placed private school children with disabilities aged 3 through 21 enrolled in private elementary schools and secondary schools located in the LEA is to the total number of children with disabilities enrolled in public and private elementary schools and secondary schools located in the LEA aged 3 through 21; and
(2) A proportionate share of the LEA's subgrant under section 619(g) of the Act for children with disabilities aged 3 through 5. This is an amount that is the same proportion of the LEA's total subgrant under section 619(g) of the Act as the total number of parentally-placed private school children with disabilities aged 3 through 5 enrolled in private elementary schools located in the LEA is to the total number of children with disabilities enrolled in public and private elementary schools located in the LEA aged 3 through 5.
Consistent with section 612(a)(10)(A)(i) of the Act and § 300.133 of these regulations, annual expenditures for parentally-placed private school children with disabilities are calculated based on the total number of children with disabilities enrolled in public and private elementary schools and secondary schools located in the LEA eligible to receive special education and related services under Part B, as compared with the total number of eligible parentally-placed private school children with disabilities enrolled in private elementary schools located in the LEA. This ratio is used to determine the proportion of the LEA's total Part B subgrants under section 611(f) of the Act for children aged 3 through 21, and under section 619(g) of the Act for children aged 3 through 5, that is to be expended on services for parentally-placed private school children with disabilities enrolled in private elementary schools and secondary schools located in the LEA.
The following is an example of how the proportionate share is calculated:
There are 300 eligible children with disabilities enrolled in the Flintstone School District and 20 eligible parentally-placed private school children with disabilities enrolled in private elementary schools and secondary schools located in the LEA for a total of 320 eligible public and private school children with disabilities (note: proportionate share for parentally-placed private school children is based on total children eligible, not children served). The number of eligible parentally-placed private school children with disabilities (20) divided by the total number of eligible public and private school children with disabilities (320) indicates that 6.25 percent of the LEA's subgrant must be spent for the group of eligible parentally-placed children with disabilities enrolled in private elementary schools and secondary schools located in the LEA. Flintstone School District receives $152,500 in Federal flow through funds. Therefore, the LEA must spend $9,531.25 on special education or related services to the group of parentally-placed private school children with disabilities enrolled in private elementary schools and secondary schools located in the LEA. (Note: The LEA must calculate the proportionate share of IDEA funds before earmarking funds for any early intervening activities in § 300.226).
The following outlines the calculations for the example of how the proportionate share is calculated.
| Proportionate Share Calculation for Parentally-Placed Private School Children with Disabilities For Flintstone School District: | Number of eligible children with disabilities in public schools in the LEA | 300 | Number of parentally-placed eligible children with disabilities in private elementary schools and secondary schools located in the LEA | 20 | Total number of eligible children | 320 | Total allocation to Flintstone | $152,500 | Calculating Proportionate Share: | Total allocation to Flintstone | 152,500 | Divided by total number of eligible children | 320 | Average allocation per eligible child | 476.5625 | Multiplied by the number of parentally-placed children with disabilities | 20 | Amount to be expended for parentally-placed children with disabilities | 9,531.25 |
Appendix C - Appendix C to Part 300—National Instructional Materials Accessibility Standard (NIMAS)
Under sections 612(a)(23)(A) and 674(e)(4) of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004, the Secretary of Education establishes the NIMAS. Under section 674(e)(4) of the Act, the NIMAS applies to print instructional materials published after July 19, 2006. The purpose of the NIMAS is to help increase the availability and timely delivery of print instructional materials in accessible formats to blind or other persons with print disabilities in elementary and secondary schools.
Technical Specifications—The Baseline Element SetThe Baseline Element Set details the minimum requirement that must be delivered to fulfill the NIMAS. It is the responsibility of publishers to provide this NIMAS-conformant XML content file, a package file (OPF), a PDF-format copy of the title page (or whichever page(s) contain(s) ISBN and copyright information), and a full set of the content's images. All of the images included within a work must be provided in a folder and placeholders entered in the relevant XML document indicating their location (all images must be included). The preferred image type is SVG, next is either PNG or JPG format. Images should be rendered in the same size/proportion as their originals at 300 dpi. Images should be named with relative path filenames in XML files (example: img id=“staricon4” src=“./images/U10C02/staricon4.jpg” alt=“star icon”).
NIMAS-conformant content must be valid to the NIMAS 1.1 [see ANSI/NISO Z39.86 2005 or subsequent revisions]. In addition, files are required to use the tags from the Baseline Element Set when such tags are appropriate. Publishers are encouraged to augment the required Baseline Element Set with tags from the Optional Element Set (elements not included in the Standard) as applicable. For the purposes of NIMAS, appropriate usage of elements, both baseline and optional, is defined by the DAISY Structure Guidelines. Files that do not follow these guidelines in the selection and application of tags are not conformant to this Standard. Both optional elements and appropriate structure guidelines may be located within Z39.86-2002 and Z39.86-2005 available from http://www.daisy.org/z3986/. Use of the most current standard is recommended.
The Baseline Element Set
| Element | Description | dtbook | The root element in the Digital Talking Book DTD. <dtbook>contains metadata in <head>and the contents itself in <book>. | head | Contains metainformation about the book but no actual content of the book itself, which is placed in <book>. | book | Surrounds the actual content of the document, which is divided into <frontmatter>, <bodymatter>, and <rearmatter>. <head>, which contains metadata, precedes <book>. | meta | Indicates metadata about the book. It is an empty element that may appear repeatedly only in <head>.
For the most current usage guidelines, please refer to | frontmatter | Usually contains <doctitle>and <docauthor>, as well as preliminary material that is often enclosed in appropriate <level>or <level1>etc. Content may include a copyright notice, a foreword, an acknowledgements section, a table of contents, etc. <frontmatter>serves as a guide to the content and nature of a <book>. | bodymatter | Consists of the text proper of a book, as contrasted with preliminary material <frontmatter>or supplementary information in <rearmatter>. | rearmatter | Contains supplementary material such as appendices, glossaries, bibliographies, and indices. It follows the <bodymatter>of the book. | level1 | The highest-level container of major divisions of a book. Used in <frontmatter>, <bodymatter>, and <rearmatter>to mark the largest divisions of the book (usually parts or chapters), inside which <level2>subdivisions (often sections) may nest. The class attribute identifies the actual name (e.g., part, chapter) of the structure it marks. Contrast with <level>. | level2 | Contains subdivisions that nest within <level1>divisions. The class attribute identifies the actual name (e.g., subpart, chapter, subsection) of the structure it marks. | level3 | Contains sub-subdivisions that nest within <level2>subdivisions (e.g., sub-subsections within subsections). The class attribute identifies the actual name (e.g., section, subpart, subsubsection) of the subordinate structure it marks. | level4 | Contains further subdivisions that nest within <level3>subdivisions. The class attribute identifies the actual name of the subordinate structure it marks. | level5 | Contains further subdivisions that nest within <level4>subdivisions. The class attribute identifies the actual name of the subordinate structure it marks. | level6 | Contains further subdivisions that nest within <level5>subdivisions. The class attribute identifies the actual name of the subordinate structure it marks. | h1 | Contains the text of the heading for a <level1>structure. | h2 | Contains the text of the heading for a <level2>structure. | h3 | Contains the text of the heading for a <level3>structure. | h4 | Contains the text of the heading for a <level4>structure. | h5 | Contains the text of the heading for a <level5>structure. | h6 | Contains the text of the heading for a <level6>structure.
For the most current usage guidelines, please refer to | author | Identifies the writer of a work other than this one. Contrast with <docauthor>, which identifies the author of this work. <author>typically occurs within <blockquote>and <cite>. | blockquote | Indicates a block of quoted content that is set off from the surrounding text by paragraph breaks. Compare with <q>, which marks short, inline quotations. | list | Contains some form of list, ordered or unordered. The list may have an intermixed heading <hd>(generally only one, possibly with <prodnote>), and an intermixture of list items <li>and <pagenum>. If bullets and outline enumerations are part of the print content, they are expected to prefix those list items in content, rather than be implicitly generated. | li | Marks each list item in a <list>. <li>content may be either inline or block and may include other nested lists. Alternatively it may contain a sequence of list item components, <lic>, that identify regularly occurring content, such as the heading and page number of each entry in a table of contents. | hd | Marks the text of a heading in a <list>or <sidebar>. | note | Marks a footnote, endnote, etc. Any local reference to <note id=“yyy”>is by <noteref idref=“#yyy””>. [Attribute id] | p | Contains a paragraph, which may contain subsidiary <list>or <dl>. | sidebar | Contains information supplementary to the main text and/or narrative flow and is often boxed and printed apart from the main text block on a page. It may have a heading <hd>. | cite | Marks a reference (or citation) to another document. | dd | Marks a definition of the preceding term <dt>within a definition list <dl>. A definition without a preceding <dt>has no semantic interpretation, but is visually presented aligned with other <dd>. | dl | Contains a definition list, usually consisting of pairs of terms <dt>and definitions <dd>. Any definition can contain another definition list. | dt | Marks a term in a definition list <dl>for which a definition <dd>follows.
For the most current usage guidelines, please refer to | em | Indicates emphasis. Usually <em>is rendered in italics. Compare with <strong>. | q | Contains a short, inline quotation. Compare with <blockquote>, which marks a longer quotation set off from the surrounding text. | strong | Marks stronger emphasis than <em>. Visually <strong>is usually rendered bold. | sub | Indicates a subscript character (printed below a character's normal baseline). Can be used recursively and/or intermixed with <sup>. | sup | Marks a superscript character (printed above a character's normal baseline). Can be used recursively and/or intermixed with <sub>. | br | Marks a forced line break. | line | Marks a single logical line of text. Often used in conjunction with <linenum>in documents with numbered lines. [Use only when line breaks must be preserved to capture meaning (e.g., poems, legal texts).] | linenum | Contains a line number, for example in legal text. [Use only when <line>is used, and only for lines numbered in print book.] | pagenum | Contains one page number as it appears from the print document, usually inserted at the point within the file immediately preceding the first item of content on a new page. [NB: Only valid when it includes an id attribute]. | noteref | Marks one or more characters that reference a footnote or endnote <note>. Contrast with <annoref>. <noteref>and <note>are independently skippable.
For the most current usage guidelines, please refer to | table | Contains cells of tabular data arranged in rows and columns. A <table>may have a <caption>. It may have descriptions of the columns in <col>s or groupings of several <col>in <colgroup>. A simple <table>may be made up of just rows <tr>. A long table crossing several pages of the print book should have separate <pagenum>values for each of the pages containing that <table>indicated on the page where it starts. Note the logical order of optional <thead>, optional <tfoot>, then one or more of either <tbody>or just rows <tr>. This order accommodates simple or large, complex tables. The <thead>and <tfoot>information usually helps identify content of the <tbody>rows. For a multiple-page print <table>the <thead>and <tfoot>are repeated on each page, but not redundantly tagged. | td | Indicates a table cell containing data. | tr | Marks one row of a <table>containing <th>or <td>cells.
For the most current usage guidelines, please refer to | imggroup | Provides a container for one or more <img>and associated <caption>(s) and <prodnote>(s). A <prodnote>may contain a description of the image. The content model allows: 1) multiple <img>if they share a caption, with the ids of each <img>in the <caption imgref=“id1 id2 ...”>, 2) multiple <caption>if several captions refer to a single <img id=“xxx”>where each caption has the same <caption imgref=“xxx”>, 3) multiple <prodnote>if different versions are needed for different media (e.g., large print, braille, or print). If several <prodnote>refer to a single <img id=“xxx”>, each prodnote has the same <prodnote imgref=“xxx”>. | img | Points to the image to be rendered. An <img>may stand alone or be grouped using <imggroup>. Note that providing extracted images is not a requirement of the NIMAS. If they are included, it is best to refer to them using <img>within the <imggroup>container. | caption | Describes a <table>or <img>. If used with <table>it must follow immediately after the <table>start tag. If used with <imggroup>it is not so constrained.
For the most current usage guidelines, please refer to |
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Publishers are encouraged to apply markup beyond the baseline (required) elements. The complete DTBook Element Set reflects the tags necessary to create the six types of Digital Talking Books and Braille output. Because of the present necessity to subdivide the creation of alternate format materials into distinct phases, the Panel determined that baseline elements would be provided by publishers, and optional elements would be added to the NIMAS-conformant files by third party conversion entities. In both circumstances the protocols for tagging digital files should conform to the most current ANSI/NISO Z39.86 specification. Content converters are directed to the most current DAISY Structure Guidelines (http://www.daisy.org/z3986/) for guidance on their use.
Since the publication of the original National File Format report from which the NIMAS technical specifications were derived, ANSI/NISO Z39.86-2002 was updated and is now ANSI/NISO Z39.86-2005. It may be best to avoid using the following optional elements which are no longer included in ANSI/NISO Z39.86-2005: style, notice, hr, and levelhd.
Also, the following new elements were introduced by ANSI/NISO Z39.86-2005 and should be considered optional elements for the NIMAS: bridgehead, byline, covertitle, dateline, epigraph, linegroup, and poem. Please refer to ANSI/NISO Z39.86-2005 for additional information regarding these elements. To access the ANSI/NISO Z39.86-2005 specification, go to http://www.daisy.org/z3986/.
2. Package FileA package file describes a publication. It identifies all other files in the publication and provides descriptive and access information about them. A publication must include a package file conforming to the NIMAS. The package file is based on the Open eBook Publication Structure 1.2 package file specification (For most recent detail please see http://www.openebook.org/oebps/oebps1.2/download/oeb12-xhtml.htm#sec2). A NIMAS package file must be an XML-valid OeB PS 1.2 package file instance and must meet the following additional standards:
The NIMAS Package File must include the following Dublin Core (dc:)metadata:
dc:Title. dc:Creator (if applicable). dc:Publisher. dc:Date (Date of NIMAS-compliant file creation—yyyy-mm-dd). dc:Format (=“NIMAS 1.0”). dc:Identifier (a unique identifier for the NIMAS-compliant digital publication, e.g., print ISBN + “-NIMAS”—exact format to be determined). dc:Language (one instance, or multiple in the case of a foreign language textbook, etc.). dc:Rights (details to be determined). dc:Source (ISBN of print version of textbook).And the following x-metadata items:
nimas-SourceEdition (the edition of the print textbook). nimas-SourceDate (date of publication of the print textbook).The following metadata were proposed also as a means of facilitating recordkeeping, storage and file retrieval:
dc:Subject (Lang Arts, Soc Studies, etc.). nimas-grade (specific grade level of the print textbook, e.g.; Grade 6). nimas gradeRange (specific grade range of the print textbook, e.g.; Grades 4-5).An additional suggestion references the use of:
dc:audience:educationLevel (for the grade and gradeRange identifiers, noting that Dublin Core recommends using educationLevel with an appropriate controlled vocabulary for context, and recommends the U.S. Department of Education's Level of Education vocabulary online at http://www.ed.gov/admin/reference/index.jsp. Using educationLevel obviates the need for a separate field for gradeRange since dc elements can repeat more than once. A book used in more than one grade would therefore have two elements, one with value “Grade 4” and another with value “Grade 5.”A final determination as to which of these specific metadata elements to use needs to be clarified in practice. The package manifest must list all provided files (text, images, etc.).
(The most current DAISY/NISO standard, formally the ANSI/NISO Z39.86, Specifications for the Digital Talking Book defines a comprehensive system for creating Digital Talking Books. A part of this standard is DTBook, an XML vocabulary that provides a core set of elements needed to produce most types of books. However, DTBook is not intended to be an exhaustive vocabulary for all types of books.
Guidelines for the correct approach to extend the DAISY/NISO standard have been established. Mathematics, video support, testing, workbooks, music, dictionaries, chemistry, and searching are some of the extensions that have been discussed. Visit http://www.daisy.org/z3986/ to learn more about modular extensions.
EndAppendix D - Appendix D to Part 300—Maintenance of Effort and Early Intervening Services
LEAs that seek to reduce their local maintenance of effort in accordance with § 300.205(d) and use some of their Part B funds for early intervening services under § 300.226 must do so with caution because the local maintenance of effort reduction provision and the authority to use Part B funds for early intervening services are interconnected. The decisions that an LEA makes about the amount of funds that it uses for one purpose affect the amount that it may use for the other. Below are examples that illustrate how §§ 300.205(d) and 300.226(a) affect one another.
Example 1:In this example, the amount that is 15 percent of the LEA's total grant (see § 300.226(a)), which is the maximum amount that the LEA may use for early intervening services (EIS), is greater than the amount that may be used for local maintenance of effort (MOE) reduction (50 percent of the increase in the LEA's grant from the prior year's grant) (see § 300.205(a)).| Prior Year's Allocation | $900,000. | Current Year's Allocation | 1,000,000. | Increase | 100,000. | Maximum Available for MOE Reduction | 50,000. | Maximum Available for EIS | 150,000. |
If the LEA chooses to set aside $100,000 for EIS, it may not reduce its MOE (MOE maximum $50,000 less $100,000 for EIS means $0 can be used for MOE).
If the LEA chooses to set aside $50,000 for EIS, it may not reduce its MOE (MOE maximum $50,000 less $50,000 for EIS means $0 can be used for MOE).
If the LEA chooses to set aside $30,000 for EIS, it may reduce its MOE by $20,000 (MOE maximum $50,000 less $30,000 for EIS means $20,000 can be used for MOE).
If the LEA chooses to set aside $0 for EIS, it may reduce its MOE by $50,000 (MOE maximum $50,000 less $0 for EIS means $50,000 can be used for MOE).
Example 2:In this example, the amount that is 15 percent of the LEA's total grant (see § 300.226(a)), which is the maximum amount that the LEA may use for EIS, is less than the amount that may be used for MOE reduction (50 percent of the increase in the LEA's grant from the prior year's grant) (see § 300.205(a)).| Prior Year's Allocation | $1,000,000. | Current Year's Allocation | 2,000,000. | Increase | 1,000,000. | Maximum Available for MOE Reduction | 500,000. | Maximum Available for EIS | 300,000. |
If the LEA chooses to use $100,000 for MOE, it may set aside $200,000 for EIS (EIS maximum $300,000 less $100,000 means $200,000 for EIS).
If the LEA chooses to use $150,000 for MOE, it may set aside $150,000 for EIS (EIS maximum $300,000 less $150,000 means $150,000 for EIS).
If the LEA chooses to use $300,000 for MOE, it may not set aside anything for EIS (EIS maximum $300,000 less $300,000 means $0 for EIS).
If the LEA chooses to use $500,000 for MOE, it may not set aside anything for EIS (EIS maximum $300,000 less $500,000 means $0 for EIS).
Appendix E - Appendix E to Part 300—Local Educational Agency Maintenance of Effort Calculation Examples
The following tables provide examples of calculating LEA MOE. Figures are in $10,000s. All references to a “fiscal year” in these tables refer to the fiscal year covering that school year, unless otherwise noted.
Tables 1 through 4 provide examples of how an LEA complies with the Subsequent Years rule. In Table 1, for example, an LEA spent $1 million in Fiscal Year (FY) 2012-2013 on the education of children with disabilities. In the following year, the LEA was required to spend at least $1 million but spent only $900,000. In FY 2014-2015, therefore, the LEA was required to spend $1 million, the amount it was required to spend in FY 2013-2014, not the $900,000 it actually spent.
Table 1—Example of Level of Effort Required To Meet MOE Compliance Standard in Year Following a Year in Which LEA Failed To Meet MOE Compliance Standard
| Fiscal year | Actual level
of effort | Required level of effort | Notes | 2012-2013 | $100 | $100 | LEA met MOE. | 2013-2014 | 90 | 100 | LEA did not meet MOE. | 2014-2015 | 100 | Required level of effort is $100 despite LEA's failure in 2013-2014. |
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Table 2 shows how to calculate the required amount of effort when there are consecutive fiscal years in which an LEA does not meet MOE.
Table 2—Example of Level of Effort Required To Meet MOE Compliance Standard in Year Following Consecutive Years in Which LEA Failed To Meet MOE Compliance Standard
| Fiscal year | Actual level
of effort | Required level of effort | Notes | 2012-2013 | $100 | $100 | LEA met MOE. | 2013-2014 | 90 | 100 | LEA did not meet MOE. | 2014-2015 | 90 | 100 | LEA did not meet MOE. Required level of effort is $100 despite LEA's failure in 2013-2014. | 2015-2016 | 100 | Required level of effort is $100 despite LEA's failure in 2013-2014 and 2014-2015. |
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Table 3 shows how to calculate the required level of effort in a fiscal year after the year in which an LEA spent more than the required amount on the education of children with disabilities. This LEA spent $1.1 million in FY 2015-2016 though only $1 million was required. The required level of effort in FY 2016-2017, therefore, is $1.1 million.
Table 3—Example of Level of Effort Required To Meet MOE Compliance Standard in Year Following Year in Which LEA Met MOE Compliance Standard
| Fiscal year | Actual level
of effort | Required level of effort | Notes | 2012-2013 | $100 | $100 | LEA met MOE. | 2013-2014 | 90 | 100 | LEA did not meet MOE. | 2014-2015 | 90 | 100 | LEA did not meet MOE. Required level of effort is $100 despite LEA's failure in 2013-2014. | 2015-2016 | 110 | 100 | LEA met MOE. | 2016-2017 | 110 | Required level of effort is $110 because LEA expended $110, and met MOE, in 2015-2016. |
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Table 4 shows the same calculation when, in an intervening fiscal year, 2016-2017, the LEA did not maintain effort.
Table 4—Example of Level of Effort Required To Meet MOE Compliance Standard in Year Following Year in Which LEA Did Not Meet MOE Compliance Standard
| Fiscal year | Actual level
of effort | Required level of effort | Notes | 2012-2013 | $100 | $100 | LEA met MOE. | 2013-2014 | 90 | 100 | LEA did not meet MOE. | 2014-2015 | 90 | 100 | LEA did not meet MOE. Required level of effort is $100 despite LEA's failure in 2013-2014. | 2015-2016 | 110 | 100 | LEA met MOE. | 2016-2017 | 100 | 110 | LEA did not meet MOE. Required level of effort is $110 because LEA expended $110, and met MOE, in 2015-2016. | 2017-2018 | 110 | Required level of effort is $110, despite LEA's failure in 2016-2017. |
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Table 5 provides an example of how an LEA may meet the compliance standard using alternate methods from year to year without using the exceptions or adjustment in §§ 300.204 and 300.205, and provides information on the following scenario. In FY 2015-2016, the LEA meets the compliance standard using all four methods. As a result, in order to demonstrate that it met the compliance standard using any one of the four methods in FY 2016-2017, the LEA must expend at least as much as it did in FY 2015-2016 using that same method. Because the LEA spent the same amount in FY 2016-2017 as it did in FY 2015-2016, calculated using a combination of State and local funds and a combination of State and local funds on a per capita basis, the LEA met the compliance standard using both of those methods in FY 2016-2017. However, the LEA did not meet the compliance standard in FY 2016-2017 using the other two methods—local funds only or local funds only on a per capita basis—because it did not spend at least the same amount in FY 2016-2017 as it did in FY 2015-2016 using the same methods.
Table 5—Example of How an LEA May Meet the Compliance Standard Using Alternate Methods From Year to Year
| Fiscal year | Local funds only | Combination of
State and local funds | Local funds only
on a per capita basis | Combination of
State and local funds on a per capita basis | Child count | 2015-2016 | * $500 | * $950 | * $50 | * $95 | 10 | 2016-2017 | 400 | * 950 | 40 | * 95 | 10 | 2017-2018 | * 500 | 900 | * 50 | 90 | 10 |
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* LEA met compliance standard using this method.
Table 6 provides an example of how an LEA may meet the compliance standard using alternate methods from year to year in years in which the LEA used the exceptions or adjustment in §§ 300.204 and 300.205, including using the per capita methods.
Table 6—Example of How an LEA May Meet the Compliance Standard Using Alternate Methods From Year to Year and Using Exceptions or Adjustment Under §§ 300.204 and 300.205
| Fiscal year | Local funds only | Combination of State and local funds | Local funds only on a per capita basis | Combination of State and local funds on a per capita basis | Child count | 2015- 2016 | $500 * | $950 * | $50 * | $95 * | 10 | 2016- 2017 | 400 | 950 * | 40 | 95 * | 10 | 2017-2018 | 450 * | 1,000 * | 45 * | 100 * | 10 | In 2017-2018, the LEA was required to spend at least the same amount in local funds only that it spent in the preceding fiscal year, subject to the Subsequent Years rule. Therefore, prior to taking any exceptions or adjustment in §§ 300.204 and 300.205, the LEA was required to spend at least $500 in local funds only
In 2017-2018, the LEA properly reduced its expenditures, per an exception in § 300.204, by $50, and therefore, was required to spend at least $450 in local funds only ($500) from 2015-2016 per Subsequent Years rule − $50 allowable reduction per an exception under § 300.204) | In 2017-2018, the LEA was required to spend at least the same amount in local funds only on a per capita basis that it spent in the preceding fiscal year, subject to the Subsequent Years rule. Therefore, prior to taking any exceptions or adjustment in §§ 300.204 and 300.205, the LEA was required to spend at least $50 in local funds only on a per capita basis
In 2017-2018, the LEA properly reduced its aggregate expenditures, per an exception in § 300.204, by $50 $50/10 children with disabilities in the comparison year (2015-2016) = $5 per capita allowable reduction per an exception under § 300.204 $50 local funds only on a per capita basis (from 2015-2016 per Subsequent Years rule) − $5 allowable reduction per an exception under § 300.204 = $45 local funds only on a per capita basis to meet MOE | 2018-2019 | 405 | 1,000 * | 45 * | 111.11 * | 9 | In 2018-2019, the LEA was required to spend at least the same amount in local funds only that it spent in the preceding fiscal year, subject to the Subsequent Years rule. Therefore, prior to taking any exceptions or adjustment in §§ 300.204 and 300.205, the LEA was required to spend at least $450 in local funds only
In 2018-2019, the LEA properly reduced its expenditures, per an exception in § 300.204 by $10 and the adjustment in § 300.205 by $10 Therefore, the LEA was required to spend at least $430 in local funds only. ($450 from 2017-2018 − $20 allowable reduction per an exception and the adjustment under §§ 300.204 and 300.205) | Because the LEA did not reduce its expenditures from the comparison year (2017-2018) using a combination of State and local funds, the LEA met MOE | In 2018-2019, the LEA was required to spend at least the same amount in local funds only on a per capita basis that it spent in the preceding fiscal year, subject to the Subsequent Years rule. Therefore, prior to taking any exceptions or adjustment in §§ 300.204 and 300.205, the LEA was required to spend at least $45 in local funds only on a per capita basis
In 2018-2019, the LEA properly reduced its aggregate expenditures, per an exception in § 300.204 by $10 and the adjustment in § 300.205 by $10 $20/10 children with disabilities in the comparison year (2017-2018) = $2 per capita allowable reduction per an exception and the adjustment under §§ 300.204 and 300.205 $45 local funds only on a per capita basis (from 2017-2018) − $2 allowable reduction per an exception and the adjustment under §§ 300.204 and 300.205 = $43 local funds only on a per capita basis required to meet MOE. Actual level of effort is $405/9 (the current year child count) | Because the LEA did not reduce its expenditures from the comparison year (2017-2018) using a combination of State and local funds on a per capita basis ($1,000/9 = $111.11 and $111.11 > $100), the LEA met MOE |
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* LEA met MOE using this method.
Tables 7 and 8 demonstrate how an LEA could meet the eligibility standard over a period of years using different methods from year to year. These tables assume that the LEA did not take any of the exceptions or adjustment in §§ 300.204 and 300.205. Numbers are in $10,000s budgeted and spent for the education of children with disabilities.
Table 7—Example of How an LEA May Meet the Eligibility Standard in 2016-2017 Using Different Methods
| Fiscal year | Local funds
only | Combination
of State and local funds | Local funds
only on a per capita basis | Combination
of State and local funds on a per capita basis | Child count | Notes | 2014-2015 | * $500 | * $1,000 | * $50 | * $100 | 10 | The LEA met the compliance standard using all 4 methods.* | 2015-2016 | Final information not available at time of budgeting for 2016-2017. | How much must the LEA budget for 2016-2017 to meet the eligibility standard in 2016-2017? | 500 | 1,000 | 50 | 100 | When the LEA submits a budget for 2016-2017, the most recent fiscal year for which the LEA has information is 2014-2015. It is not necessary for the LEA to consider information on expenditures for a fiscal year prior to 2014-2015 because the LEA maintained effort in 2014-2015. Therefore, the Subsequent Years rule in § 300.203(c) is not applicable. |
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* The LEA met the compliance standard using all 4 methods.
Table 8—Example of How an LEA May Meet the Eligibility Standard in 2017-2018 Using Different Methods and the Application of the Subsequent Years Rule
| Fiscal year | Local funds
only | Combination
of State and local funds | Local funds
only on a per capita basis | Combination
of State and local funds on a per capita basis | Child count | Notes | 2014-2015 | * $500 | * $1,000 | * $50 | * $100 | 10 | 2015-2016 | 450 | * 1,000 | 45 | * 100 | 10 | 2016-2017 | Final information not available at time of budgeting for 2017-2018. | How much must the LEA budget for 2017-2018 to meet the eligibility standard in 2017-2018? | 500 | 1,000 | 50 | 100 | If the LEA seeks to use a combination of State and local funds, or a combination of State and local funds on a per capita basis, to meet the eligibility standard, the LEA does not consider information on expenditures for a fiscal year prior to 2015-2016 because the LEA maintained effort in 2015-2016 using those methods. | However, if the LEA seeks to use local funds only, or local funds only on a per capita basis, to meet the eligibility standard, the LEA must use information on expenditures for a fiscal year prior to 2015-2016 because the LEA did not maintain effort in 2015-2016 using either of those methods, per the Subsequent Years rule. That is, the LEA must determine what it should have spent in 2015-2016 using either of those methods, and that is the amount that the LEA must budget in 2017-2018. |
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* LEA met MOE using this method.
Table 9 provides an example of how an LEA may consider the exceptions and adjustment in §§ 300.204 and 300.205 when budgeting for the expenditures for the education of children with disabilities.
Table 9—Example of How an LEA May Meet the Eligibility Standard Using Exceptions and Adjustment in §§ 300.204 and 300.205, 2016-2017
| Fiscal year | Local funds
only | Combination
of State and local funds | Local funds
only on a per capita basis | Combination
of State and local funds on a per capita basis | Child count | Notes | Actual 2014-2015 expenditures | * $500 | * $1,000 | * $50 | * $100 | 10 | The LEA met the compliance standard using all 4 methods.* | Exceptions and adjustment taken in 2015-2016 | −50 | −50 | −5 | −5 | LEA uses the child count number from the comparison year (2014-2015). | Exceptions and adjustment the LEA reasonably expects to take in 2016-2017 | −25 | −25 | −2.50 | −2.50 | LEA uses the child count number from the comparison year (2014-2015). | How much must the LEA budget to meet the eligibility standard in 2016-2017? | 425 | 925 | 42.50 | 92.50 | When the LEA submits a budget for 2016-2017, the most recent fiscal year for which the LEA has information is 2014-2015. However, if the LEA has information on exceptions and adjustment taken in 2015-2016, the LEA may use that information when budgeting for 2016-2017. The LEA may also use information that it has on any exceptions and adjustment it reasonably expects to take in 2016-2017 when budgeting for that year. |
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Table 10 provides examples both of how to calculate the amount by which an LEA failed to maintain its level of expenditures and of the amount of non-Federal funds that an SEA must return to the Department on account of that failure.
Table 10—Example of How To Calculate the Amount of an LEA's Failure to Meet the Compliance Standard in 2016-2017 and the Amount That an SEA Must Return to the Department
| Fiscal year | Local funds
only | Combination
of State and local funds | Local funds
only on a per capita basis | Combination
of State and local funds on a per capita basis | Child count | Amount of IDEA Part B subgrant | 2015-2016 | * $500 | * $950 | $50 * | $95 * | Not relevant. | 2016-2017 | 400 | 750 | 40 | 75 | 10 | $50 | Amount by which an LEA failed to maintain its level of expenditures in 2016-2017 | 100 | 200 | 100 (the amount of the failure equals the amount of the per capita shortfall ($10) times the number of children with disabilities in 2016-2017 (10)) | 200 (the amount of the failure equals the amount of the per capita shortfall ($20) times the number of children with disabilities in 2016-2017 (10)) |
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The SEA determines that the amount of the LEA's failure is $100 using the calculation method that results in the lowest amount of a failure. The SEA's liability is the lesser of the four calculated shortfalls and the amount of the LEA's Part B subgrant in the fiscal year in which the LEA failed to meet the compliance standard. In this case, the SEA must return $50 to the Department because the LEA's IDEA Part B subgrant was $50, and that is the lower amount.
* LEA met MOE using this method.
Appendix F - Appendix F to Part 300—Index for IDEA—Part B Regulations (34 CFR Part 300)
| ACCESS TO | • Access rights (Parents) | 300.613. | • Assistive technology devices in child's home | 300.105(b). | • Disciplinary records | 300.229. | • Education records (Procedural safeguards notice) | 300.504(c)(4). | • General curriculum (Ensure access to) | 300.39(b)(3)(ii). | • Instructional materials (see §§ 300.172, 300.210). | • List of employees who may have access to records | 300.623(d). | • Parent's private insurance proceeds | 300.154(e). | • Record of access (Confidentiality) | 300.614. | ACCESSIBILITY STANDARDS (Regarding construction) | • Americans with Disabilities Accessibility Standards for Buildings and Facilities | 300.718(b)(1). | • Uniform Federal Accessibility Standards | 300.718(b)(2). | ACCOMMODATIONS | • In assessments | 300.320(a)(6)(i). | • State level activities in support of | 300.704(b)(4)(x). | ACT (Definition) | 300.4. | ADD AND ADHD (See “Attention deficit disorder” and “Attention deficit hyperactivity disorder”) | ADDITIONAL DISCLOSURE OF INFORMATION REQUIREMENT | 300.512(b). | ADULT CORRECTIONAL FACILITIES (See “Correctional facilities”) | ADULT PRISONS (Children with disabilities in) | • Divided State agency responsibility | 300.607. | • FAPE requirements: | Ο Exception to FAPE | 300.102(a)(2). | Ο Modifications of IEP or placement | 300.324(d)(2). | Ο Requirements that do not apply | 300.324(d)(1). | • Governor | 300.149(d). | • Other public agency responsibility | 300.149(d). | ADVERSELY AFFECTS EDUCATIONAL PERFORMANCE (See “Child with a disability,” § 300.8(c)(1)(i), (c)(3), (c)(4)(i), (c)(5), (c)(6), (c)(8), (c)(9)(ii), (c)(11), (c)(12)) | ADVISORY BOARD | (Secretary of the Interior) | 300.714. | ADVISORY PANEL (See “State advisory panel”) | AGE-APPROPRIATE CLASSROOM | 300.116(e). | ALLOCATION(S) | • By-pass for private school children (see § 300.191(d)). | • To LEAs (see §§ 300.705(b), 300.816) | • To Outlying areas | 300.701(a). | • To Secretary of the Interior | 300.707. | • To States (see §§ 300.703, 300.807 through 300.810) | ALLOWABLE COSTS | (By SEA for State administration) | 300.704(a). | ALTERATION OF FACILITIES | 300.718(b). | ALTERNATE ASSESSMENTS | • Aligned with alternate academic achievement standards | 300.320(a)(2)(ii). | • Development and provision of in accordance with ESEA | 300.704(b)(4)(x). | • Participation determined by IEP Team | 300.320(a)(6)(ii). | ALTERNATIVE PLACEMENTS (Continuum) | 300.115. | ALTERNATIVE STRATEGIES to meet transition objectives | 300.324(c)(1). | AMENDMENTS | • To LEA policies and procedures | 300.220(b). | • To State policies and procedures: | Ο Made by State | 300.176(b). | Ο Required by the Secretary | 300.176(c). | ANNUAL GOALS (IEPs) | • FAPE for children suspended or expelled (see §§ 300.101(a), 300.530(d)) | • IEP content: | Ο How progress will be measured | 300.320(a)(3). | Ο Special education and related services | 300.320(a)(4). | Ο Statement of measurable annual goals | 300.320(a)(2)(i). | • Review and revision of IEP | 300.324(b)(1). | • Review of existing evaluation data | 300.305(a). | ANNUAL REPORT | Of children served (see §§ 300.640 through 300.646) | On education of Indian children | 300.715. | APPENDICES TO PART 300 (A through E) | Excess Costs Calculation (see appendix A) | Proportionate Share Calculation (see appendix B) | National Instructional Materials Accessibility Standard (NIMAS) (see appendix C) | Maintenance of Effort and Early Intervening Services (see appendix D) | Index for IDEA—Part B Regulations (This appendix E) | APPLICABILITY OF THIS PART to State, local, and private agencies | 300.2. | APPLICATION | • Initial admission to public school | 300.518(b). | • Initial services | 300.518(c). | ASSESSMENT(S) | • For specific learning disability (see § 300.309(a)(2)(ii), (b)(2)) | • Functional behavioral assessment (see § 300.530(d)(1)(ii), (f)(1)(i)) | • In evaluation (see §§ 300.304(b), (c), 300.305(a)(1)(ii), (c), (d)) | • Of leisure function (in “Recreation”) | 300.34(c)(11)(i). | ASSESSMENTS—STATE and DISTRICT-WIDE | Alternate assessments (see § 300.320 (a)(2)(ii), (a)(6)(ii)) | Performance indicators | 300.157. | ASSISTANCE UNDER OTHER FEDERAL PROGRAMS | 300.186. | ASSISTIVE TECHNOLOGY (AT) | • AT devices | 300.5. | • AT services | 300.6. | • Consideration of special factors | 300.324(a)(2)(v). | • Hearing aids | 300.113. | • Requirement: | Ο Ensure availability of | 300.105(a). | Ο Use of AT in child's home | 300.105(b). | • Surgically implanted medical devices (see §§ 300.5, 300.34(b), 300.113(b)) | ASTHMA | 300.8(c)(9). | ATTENTION DEFICIT DISORDER (ADD) | 300.8(c)(9). | ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD) | 300.8(c)(9). | ATTORNEYS' FEES | 300.517. | • Award of fees | 300.517(c). | • Prohibition on use of funds for | 300.517(b). | • When court reduces fee awards | 300.517(c)(4). | AUDIOLOGY | 300.34(c)(1). | AUTHORITY (A-O) | • Of guardian | 300.30(a)(3). | • Of hearing officer (Discipline) | 300.532(b). | • Of school personnel (Discipline) | 300.530. | • Of Secretary to monitor and enforce | 300.609. | AUTHORITY (P-Z) | • Parental authority to inspect and review records | 300.613. | • State complaint procedures | 300.151(b). | • Waiver request (Signed by person with authority) | 300.164(c)(1). | AUTISM | 300.8(c)(1). | AVERAGE PER-PUPIL EXPENDITURE | (Definition) | 300.717(d). | BASE PAYMENTS (to LEAs) (See § 300.705(b)(1), (b)(2)) | BASIS OF KNOWLEDGE: Protection for children not yet eligible | 300.534(b). | BEHAVIORAL ASSESSMENT (See “Functional behavioral assessment”) | BEHAVIORAL INTERVENTION(S) | 300.530(f). | • Assist in developing | 300.34(c)(10)(vi). | • Behavioral intervention plan | 300.530(f). | • Consideration of by IEP Team | 300.324(a)(2)(i). | • Not a manifestation of disability | 300.530(d). | • Regular education teacher (Determination of) | 300.324(a)(3). | • Suspension and expulsion rates | 300.170(b). | BENCHMARKS OR SHORT TERM OBJECTIVES | 300.320(a)(2)(ii). | BENEFITS TO NONDISABLED (Permissive use of funds) | 300.208(a)(1). | BIA (See “Bureau of Indian Affairs”) | BLIND(NESS): Under “Visual impairment” | • Access to instructional materials (see §§ 300.172, 300.210(b)(3)) | • Consideration of special factors by IEP Team | 300.324(a)(2). | • Definition | 300.8(c)(13). | BRAILLE (see §§ 300.29(b), 300.324(a)(2)(iii)) | BUREAU OF INDIAN AFFAIRS (BIA) | • BIA funded schools | 300.28(c). | • In definition of “LEA” | 300.28(c). | • See also §§ 300.21(c), 300.713(b), (d), 300.714 | • Use of funds | 300.712(d). | BUSINESS DAY | • Definition | 300.11(b). | • See “Timelines,” “Timelines—Discipline” | BY-PASS: Private school children with disabilities (see §§ 300.190 through 300.198) | CALENDAR DAY | • Definition | 300.11(a). | • See “Timelines,” “Timelines—Discipline” | CERTIFICATION | • Annual report of children served | 300.643. | CHANGE OF PLACEMENT BECAUSE OF DISCIPLINARY REMOVALS | 300.536. | CHARTER SCHOOLS | • Applicability of this part to | 300.2(b)(1)(ii). | • Definition | 300.7. | • Exception: joint establishment of eligibility | 300.223(b). | • In definition of “Elementary school” | 300.13. | • In definition of “LEA” | 300.28(b)(2). | • In definition of “Public agency” | 300.33. | • In definition of “Secondary school” | 300.36. | • State-level activities regarding charter schools | 300.704(b)(4)(ix). | • Treatment of charter schools and their students | 300.209. | CHIEF EXECUTIVE OFFICER (CEO) | • Adult prisons (Assigned by Governor) | 300.149(d). | • Methods of ensuring services (see § 300.154(a), (c)) | CHILD COUNT | • Annual report of children served (see §§ 300.640 through 300.646) | • Certification | 300.643. | • Criteria for | 300.644. | • Dates for count | 300.641(a). | • Indian children | 300.712(b). | • LEA records of private school children | 300.132(c). | • Procedures for counting children served | 300.645(a). | CHILD FIND | • Basic requirement | 300.111(a). | • Children advancing from grade to grade | 300.111(c)(1). | • Developmental delay | 300.111(b). | • Highly mobile children | 300.111(c)(2). | • Homeless children | 300.111(a)(1)(i). | • Indian children aged 3 through 5 | 300.712(d)(1). | • Migrant children | 300.111(c)(2). | • Private school children | 300.131(b). | • Protections for children not determined eligible | 300.534. | • Secretaries of the Interior and Health and Human Services (Memo of agreement) | 300.708(i)(2). | CHILD WITH A DISABILITY (CWD) | • Adversely affects educational performance (see § 300.8(c)(1)(i), (c)(3), (c)(4)(i), (c)(5), (c)(6), (c)(8), (c)(9)(ii), (c)(11), (c)(12), (c)(13)) | • Children experiencing developmental delay(s) | 300.8(b)(1). | • Children who need only a related service | 300.8(a)(2). | • Definition | 300.8(a)(1). | • Individual disability terms (Defined) | 300.8(c). | • Requirement | 300.111(b). | • See “Developmental delay(s)” | CHILD'S STATUS DURING PROCEEDINGS | • Discipline (see §§ 300.530(f)(2), 300.533) | • Pendency (Stay put) | 300.518. | CHILDREN ADVANCING FROM GRADE TO GRADE | • Child find | 300.111(c)(1). | • FAPE | 300.101(c). | CHILDREN EXPERIENCING DEVELOPMENTAL DELAY(S) (See “Developmental delay(s)”) | CHILDREN'S RIGHTS (Confidentiality) | 300.625. | CIVIL ACTION—PROCEEDINGS | 300.516. | • Finality of review decision | 300.514(d). | • Mediation | 300.506(b)(6)(i). | • Procedural safeguards notice | 300.504(c)(12). | • See “Court(s)” | COCHLEAR IMPLANT (See “Surgically implanted medical device”) | 300.34(b). | CODE OF CONDUCT | • Case-by-case determination | 300.530(a). | • Manifestation determination review | 300.530(e). | • Protections for children not determined eligible | 300.534(a). | COMMINGLING—PROHIBITION AGAINST | 300.162(b). | COMMUNITY-BASED WAIVERS (Public benefits or insurance) | 300.154(d)(2)(iii). | COMPLAINT(S): DUE PROCESS | • Attorneys' fees | 300.517(a)(1). | • Civil action | 300.516(a). | • Pendency | 300.518(a). | • Private school children (Complaints) | 300.140(c). | • See “Due process hearing(s) and reviews” | COMPLAINT(S): STATE COMPLAINT PROCEDURES (A-P) | • Adoption of State complaint procedures | 300.151(a). | • Complaint investigations (SEA allocations for) | 300.704(b)(3)(i). | • Filing a complaint | 300.153(a). | • Minimum State complaint procedures | 300.152. | • Private schools (State complaints) | 300.140. | • Procedural safeguards notice | 300.504(c). | • Provisions for services under by-pass | 300.191(d). | • Public agency failure to implement hearing decision | 300.152(c)(3). | COMPLAINT(S): STATE COMPLAINT PROCEDURES (Q-Z) | • See also §§ 300.151 through 300.153 | • Time limit | 300.152(a). | • Waiver of nonsupplanting requirement | 300.163(c)(2). | COMPLIANCE—COMPLY (A-M) | • Child find requirements | 300.111(a). | • Department procedures (If failure to comply) | 300.604(c). | • FAPE requirement | 300.101(a). | • LEA and State agency compliance | 300.222(a). | • LRE (State funding mechanism) | 300.114(b). | • Modifications of policies: | Ο Made by LEA or State agency | 300.176(b). | Ο Required by SEA | 300.220(c). | Ο Required by Secretary | 300.176(c). | • Monitoring (See “Monitor; Monitoring activities”); | COMPLIANCE—COMPLY (N-Z) | • Physical education | 300.108. | • Private school placement by parents | 300.148(e). | • Private school placements by public agencies: | Ο IEP requirement | 300.325(c). | Ο SEA (Monitor compliance) | 300.147(a) | • Public participation requirements | 300.165. | • SEA responsibility if LEA does not comply | 300.227(a). | • State funding mechanism (LRE) | 300.114(b). | • COMPREHENSIVE EVALUATION | 300.304(c)(6). | CONDITION OF ASSISTANCE | • LEA eligibility | 300.200. | • State eligibility | 300.100. | CONFIDENTIALITY (A-C) | • Access rights | 300.613. | • Children's rights | 300.625. | • Consent | 300.622. | CONFIDENTIALITY (D-E) | Definitions: | Ο Destruction of information | 300.611(a). | Ο Education records | 300.611(b). | Ο Participating agency | 300.611(c). | • Department use of personally identifiable information | 300.627. | • Disciplinary information | 300.229. | • Enforcement by SEA | 300.626. | CONFIDENTIALITY (F-Z) | • Family Educational Rights and Privacy Act: | Ο Children's rights | 300.625. | Ο Disciplinary records | 300.535(b)(2). | Ο In definition of “Education records” | 300.611(b). | Ο Notice to parents | 300.612(a)(3). | • Fees | 300.617. | • Hearing procedures | 300.621. | • List of types and location of information | 300.616. | • Notice to parents | 300.612(a). | • Opportunity for a hearing | 300.619. | • Parental authority to inspect and review records | 300.613(b). | • Record of access | 300.614. | • Records on more than one child | 300.615. | • Result of hearing | 300.620. | • Safeguards | 300.623. | • State eligibility requirement | 300.123. | CONSENT (A-I) | • Confidentiality (Records to non-agency officials) | 300.622(a). | • Definition | 300.9. | • IEP vs. IFSP | 300.323(b)(2)(ii). | • Initial evaluations | 300.300(a). | • Initial provision of services | 300.300(b). | CONSENT (J-Z) | • Not required: | Ο Before administering a test or other evaluation to all children | 300.300(d)(1)(ii). | Ο Before reviewing existing data | 300.300(d)(1)(i). | Ο When screening for instructional purposes | 300.302. | • Private insurance (Accessing) | 300.154(e)(1). | • Reasonable efforts to obtain consent: | Ο For initial evaluation | 300.300(a)(1)(iii). | Ο For initial evaluations for wards of the State | 300.300(a)(2). | Ο For initial provision of services | 300.300(b)(2). | Ο Reasonable efforts requirements | 300.300(d)(5). | • Reevaluations | 300.300(c)(2). | • Release of information from education records | 300.622. | CONSIDERATION OF SPECIAL FACTORS (by IEP Team) | 300.324(a)(2). | CONSISTENCY WITH STATE POLICIES: LEA | 300.201. | CONSTRUCTION | • Accessibility standards | 300.718(b). | • Exception to maintenance of effort (Termination of costly expenditures for construction) | 300.204(d). | • Private schools (No funds may be used for) | 300.144(e). | CONSTRUCTION CLAUSES (A-I) | • Child find (Nothing requires classifying children by disability) | 300.111(d). | • Civil action (Exhaust administrative remedies under Part B before filing a civil action) | 300.516(e). | • Early intervening services | 300.226(c). | • Funding mandated by State law | 300.166. | • Hearing: right of parent to appeal decision | 300.513(b). | • Highly qualified SEA or LEA staff | 300.156(e). | • Highly qualified teacher | 300.18(f). | • IEP (Inclusion of additional information beyond explicit requirements) | 300.320(d)(1). | • IEP (Information in more than one component not required) | 300.320(d)(2). | CONSTRUCTION CLAUSES (J-Z) | • Prohibition on mandatory medication | 300.174(b). | • Referral to and action by law enforcement and judicial authorities | 300.535(a). | • Secretary's authority to monitor enforcement under GEPA | 300.609. | • State Medicaid agency (Nothing alters requirements imposed under Titles XIX or XXI or other public benefits or insurance program) | 300.154(h). | • Transition service | 300.324(c)(2). | CONSUMER PRICE INDEX For All Urban Consumers (regarding rate of inflation) (See §§ 300.702(b), 300.704(a)(2)(ii), (b)(2), 300.812(b)(2)) | CONTENT OF IEP | 300.320(a). | CONTINUUM OF ALTERNATIVE PLACEMENTS (See “Least restrictive environment”) | 300.115. | CONTROLLED SUBSTANCE (Definition) | 300.530(i)(1). | COORDINATION OF SERVICES | • Methods of ensuring services | 300.154(a). | • Secretary of the Interior | 300.708(i)(1). | Ο Advisory board (Service coordination within BIA) | 300.714(b)(1). | Ο Payments for children aged 3 through 5 | 300.712(a). | Ο Plan for coordination of services | 300.713. | • See “Interagency agreements,” “Interagency coordination” | • State advisory panel (Advise SEA on) | 300.169(e). | • Use of LEA funds for early intervening services | 300.208(a)(2). | • Use of SEA allocations for transition | 300.704(b)(4)(vi). | CO-PAY OR DEDUCTIBLE (Public benefits or insurance) | 300.154(d)(2)(ii). | CORE ACADEMIC SUBJECTS | • Definition | 300.10. | • See “Highly qualified special education teachers” | 300.18. | CORRECTIONAL FACILITIES | • Applicability of this part to | 300.2(b)(1)(iv). | • Divided State agency responsibility | 300.607. | • Exception to FAPE (Children in adult facilities) | 300.102(a)(2). | • See also “Adult prisons” | • State advisory panel (Representatives on) | 300.168(a)(11). | • State juvenile-adult correctional facilities | 300.2(b)(1)(iv). | • Transfer of rights to children in | 300.520(a)(2). | CORRECTIVE ACTION (PLAN) | • Corrective actions to achieve compliance (see §§ 300.152(b)(2)(iii), 300.607) | • Monitoring activities | 300.120(b)(2). | • Needs intervention by Secretary | 300.604(b)(2)(i). | • State advisory panel (Advise SEA on) | 300.169(d). | COUNSELING SERVICES (Definition) | 300.34(c)(2). | COUNT (See “Child count”) | COURT(S) | • Attorneys' fees | 300.517. | • Civil action | 300.516. | • Court order: | Ο Exception to FAPE for certain ages | 300.102(a)(1). | • Judicial review: | Ο By-pass | 300.197. | Ο Department procedures | 300.184. | • New interpretation of Act by courts requiring modification | 300.176(c)(2). | • Reimbursement for private school placement (see § 300.148(b) through (e)) | CRIME (See “Reporting a crime”) | 300.535. | CRITERIA (A-I) | • Child count | 300.644. | • Child eligibility (Determinant factor) | 300.306(b)(1). | • IEP Team (Public agency representative) | 300.321(a)(4). | • Independent educational evaluation | 300.502. | CRITERIA (J-Z) | • Specific learning disability (see §§ 300.307, 300.309) | • Surrogate parents | 300.519(d). | CURRENT PLACEMENT (Discipline) | • Authority of hearing officer | 300.532(b). | • Placement during appeals | 300.533. | DATA (A-L) | • Allocation of remaining funds to LEAs | 300.816(d). | • Average per-pupil expenditure (Definition) | 300.717(d). | • By-pass (Provision of services under) | 300.191(c)(2). | • Determination of needed evaluation data | 300.305(c). | • Disaggregated data | 300.704(b)(4)(xi). | • Evaluation data: | Ο Procedures for determining eligibility and placement | 300.306(c). | Ο Review of existing data | 300.305(a)(1). | • Grants to States most recent data | 300.703(c)(1)(ii). | • LRE (Placements—meaning of evaluation data | 300.116(a)(1). | DATA (M-Z) | • Parental consent (Not required for reviewing existing evaluation data) | 300.300(d)(1)(i). | • State advisory council (Advise SEA on) | 300.169(c). | • Suspension and expulsion rates | 300.170(a). | DAY | • Business day (Definition) | 300.11(b). | • Day (Calendar) | 300.11(a). | • Discipline (See “Timelines—Discipline”) | • School day (Definition) | 300.11(c). | • See “Timelines” | DECREASE IN ENROLLMENT (Exception to LEA maintenance of effort) | 300.204(b). | DECREASE IN FUNDS (To States) | 300.703(d). | DEDUCTIBLE OR CO-PAY (Public benefits or insurance) | 300.154(d)(2)(ii). | DEFINITIONS (A-D) | • Act | 300.4. | • Assistive technology device | 300.5. | • Assistive technology service | 300.6. | • At no cost | 300.39(b)(1). | • Audiology | 300.34(c)(1). | • Autism | 300.8(c)(1). | • Average per-pupil expenditure in public elementary and secondary schools in the United States | 300.717(d). | • Business day | 300.11(b). | • Charter school | 300.7. | • Child with a disability | 300.8(a)(1). | • Consent | 300.9. | • Controlled substance | 300.530(i)(1). | • Core academic subjects | 300.10. | • Counseling services | 300.34(c)(2). | • Day; business day; school day | 300.11. | • Deaf-blindness | 300.8(c)(2). | • Deafness | 300.8(c)(3). | • Destruction (Of information) | 300.611(a). | • Developmental delays(s) | 300.8(b). | DEFINITIONS (E-H) | • Early identification and assessment | 300.34(c)(3). | • Education records | 300.611(b). | • Educational service agency | 300.12. | • Elementary school | 300.13. | • Emotional disturbance | 300.8(c)(4). | • Equipment | 300.14. | • Evaluation | 300.15. | • Excess costs | 300.16. | • Extended school year services | 300.106(b). | • Free appropriate public education | 300.17. | • Freely associated States | 300.717(a). | • Hearing impairment | 300.8(c)(5). | • Highly qualified special education teacher | 300.18(b). | • Homeless children | 300.19. | DEFINITIONS (I) | • IEP Team | 300.23. | • Illegal drug | 300.530(i)(2). | • Include | 300.20. | • Independent educational evaluation | 300.502(a)(3)(i). | • Indian | 300.21(a). | • Indian tribe | 300.21(b). | • Individualized education program (IEP) | 300.22. | • Individualized family service plan | 300.24. | • Infant or toddler with a disability | 300.25. | • Institution of higher education | 300.26. | • Intellectual Disability | 300.8(c)(6). | • Interpreting services | 300.34(c)(4). | DEFINITIONS (J-O) | • Limited English proficient (LEP) | 300.27. | • Local educational agency (LEA) | 300.28. | • Medical services | 300.34(c)(5). | • Multiple disabilities | 300.8(c)(7). | • Native language | 300.29(a). | • Occupational therapy | 300.34(c)(6). | • Orientation and mobility services | 300.34(c)(7). | • Orthopedic impairment | 300.8(c)(8). | • Other health impairment | 300.8(c)(9). | • Outlying areas | 300.717(b). | DEFINITIONS (P-R) | • Parent | 300.30(a). | • Parent counseling and training | 300.34(c)(8). | • Parent training and information center | 300.31. | • Parentally-placed private school children with disabilities | 300.130. | • Participating agency (as used in “Confidentiality”) | 300.611(c). | • Party or parties (Regarding procedures) | 300.181(a). | • Personally identifiable | 300.32. | • Physical education | 300.39(b)(2). | • Physical therapy | 300.34(c)(9). | • Psychological services | 300.34(c)(10). | • Public agency | 300.33. | • Public expense | 300.502(a)(3)(ii). | • Recreation | 300.34(c)(11). | • Rehabilitation counseling services | 300.34(c)(12). | • Related services | 300.34(a). | DEFINITIONS (S) | • School day | 300.11(c). | • School health services | 300.34(c)(13). | • School nurse services | 300.34(c)(13). | • Scientifically based research | 300.35. | • Secondary school | 300.36. | • Secretary | 300.38. | • Serious bodily injury | 300.530(i)(3). | • Services plan | 300.37. | • Social work services in schools | 300.34(c)(14). | • Special education | 300.39(a). | • Specially designed instruction | 300.39(b)(3). | • Specific learning disability | 300.8(c)(10). | • Speech-language pathology services | 300.34(c)(15). | • Speech or language impairment | 300.8(c)(11). | • State | 300.40. | • State (Special definition) | 300.717(c). | • State educational agency (SEA) | 300.41. | • Supplementary aids and services | 300.42. | DEFINITIONS (T-Z) | • Transition services | 300.43. | • Transportation | 300.34(c)(16). | • Traumatic brain injury | 300.8(c)(12). | • Travel training | 300.38(b)(4). | • Universal design | 300.44. | • Visual impairment including blindness | 300.8(c)(13). | • Vocational education | 300.39(b)(5). | • Ward of the State | 300.45. | • Weapon | 300.530(i)(4). | DEPARTMENT OF LABOR, Bureau of Labor Statistics (Regarding rate of inflation) (see §§ 300.702(b), 300.704(a)(2)(ii), (b)(2), 300.812(b)(2)) | DEPARTMENT (U.S. Department of Education) | • Enforcement: hearing procedures (see §§ 300.178 through 300.184) | • Monitoring (Regarding Secretary of the Interior) | 300.708(a). | • Personally identifiable information (Use of) | 300.627. | DESTRUCTION OF INFORMATION | 300.624(b). | • Definition | 300.611(a). | DETERMINANT FACTOR for eligibility determination | • Lack of instruction in reading or math (see § 300.306(b)(1)(i), (b)(1)(ii)) | • Limited English proficiency | 300.306(b)(1)(iii). | DEVELOPMENT, REVIEW, AND REVISION OF IEP | 300.324. | DEVELOPMENTAL DELAY(S) | • In definition of “Child with a disability” | 300.8(b). | • Requirements for using “Developmental delay” | 300.111(b). | • State definition | 300.111(b). | • Using specified disability categories | 300.111(d). | DIABETES | 300.8(c)(9)(i). | DIRECT SERVICES | • For children in private schools (see §§ 300.132(a); 300.133(a); 300.134(d)(1)) | • Nature and location of services | 300.227(b). | • Payment by Secretary of the Interior | 300.712(d). | • SEA (Additional information) | 300.175(a). | • State-level activities | 300.704(b)(4)(i). | • Use of LEA allocations for | 300.227(a). | DISABILITY: ADVERSELY AFFECTS EDUCATIONAL PERFORMANCE (See “Adversely affects educational performance”) | DISAGGREGATED DATA | • Assessment results for subgroup of children with disabilities | 300.704(b)(4)(xi). | • For suspension and expulsion by race and ethnicity | 300.170(a). | DISCIPLINE (A-B) | • Alternative educational setting (see §§ 300.530(d)(1), (d)(2), (d)(4), (g), 300.531, 300.533) | • Appeal | 300.532(a). | • Behavioral interventions—intervention plan | 300.530(f). | DISCIPLINE (C-H) | • Change of placements for disciplinary removals | 300.536. | • Child's status during due process hearings | 300.518. | • Determination of setting | 300.531. | • Expedited due process hearings | 300.532(c). | • Functional behavioral assessment (see § 300.530(d)(1)(ii), (f)(1)(i)) | • Hearing officer (authority of) (see §§ 300.532(b), 300.533) | DISCIPLINE (I-Z) | • IEP Team (relevant members) (see §§ 300.530(e)(1), (f), 300.531) | • Interim alternative educational setting (see §§ 300.530(b), (d)(2), (g), 300.531, 300.532(b)(2)(ii), 300.533) | • Manifestation determination | 300.530(e). | • Placement during appeals | 300.533. | • Protections for children not determined eligible | 300.534. | • Referral to and action by law enforcement and judicial authorities | 300.535. | • School personnel (Authority of) | 300.530(b). | • See “Timelines—Discipline” | DISCLOSURE | • Additional disclosure of information requirement | 300.512(b). | • Consent required before disclosing: | Ο Education records to public benefits or insurance agencies | 300.154(d)(2)(iv). | Ο Personal information to non-agency officials | 300.622(a). | • Notice on disclosure of evaluation results | 300.504(c)(10). | • Policies on disclosing information to 3rd parties | 300.612(a)(3). | • Prohibit evidence not disclosed | 300.512(a)(3). | DISPROPORTIONALITY | 300.646. | DISPUTES | • Interagency disputes (Methods of ensuring services): | Ο Ensure services during pendency of dispute | 300.154(a). | Ο Procedures for resolving | 300.154(a)(3). | • Mediation (see also § 300.532(c)(3)) | 300.506. | Ο Attorneys' fees for | 300.517(c)(2)(ii). | Ο During discipline appeal process | 300.532(c)(3). | Ο During resolution process (see § 300.510(b)(3), (c)(3)) | Ο Enforcement of agreement (see §§ 300.506(b)(7), 300.510(d)(2), 300.537) | DIVIDED STATE AGENCY RESPONSIBILITY (Adult prisons) | 300.607. | DIVORCE—SEPARATION (Authority to review records) | 300.613(c). | DROPOUT RATES (Performance indicators) | 300.157(a)(3). | DUE PROCESS HEARING(S) AND REVIEWS (A-E) | • Agency responsible for conducting hearing | 300.511(b). | • Appeal of decisions; impartial review | 300.514(b). | • Attorneys' fees | 300.517(a). | • Basic requirements (see §§ 300.507 through 300.514) | • Child's status during proceedings (Pendency) | 300.518. | Ο Parent request for hearing (Discipline) | 300.532(a). | • Civil action | 300.516(a). | • Evaluations disclosed at least 5 business days before hearing | 300.512(a)(3). | • Expedited due process hearings (Discipline) | 300.532(c). | DUE PROCESS HEARING(S) AND REVIEWS (F-I) | • Failure to implement a due process hearing decision | 300.152(c)(3). | • Finality of decision; appeal; impartial review | 300.514. | • Findings of fact and decisions (see § 300.512(a)(5), (c)(3)): | Ο To State advisory panel (see §§ 300.513(d), 300.514(c)) | • Hearing rights | 300.512(a). | • Impartial hearing officer | 300.511(c). | Ο See “Hearing officer(s)” | DUE PROCESS HEARING(S) AND REVIEWS (J-Z) | • Parental rights at hearings | 300.512(c). | • Party notice to other party | 300.508(c). | Ο Model form to assist parents | 300.509. | • Party request for hearing (Discipline) | 300.532(a). | • Pendency (Stay put) | 300.518. | • Prohibit evidence not introduced 5 business days before hearing | 300.512(a)(3). | • Record of hearing | 300.512(c)(3). | • See “Civil action—proceedings,” “Court(s)” “Procedural safeguards,” “Timelines” | • Timelines and convenience of hearings—reviews (see §§ 300.506(b)(5), 300.511(e), 300.516(b)) | EARLY IDENTIFICATION AND ASSESSMENT (Definition) | 300.34(c)(3). | EARLY INTERVENING SERVICES | 300.226. | • Adjustment to local fiscal efforts | 300.205(d). | • Do not limit/create right to FAPE | 300.226(c). | • For children not currently identified as needing special education or related services | 300.226(a). | • Permissive use of funds | 300.208(a)(2). | • Scientifically based literacy instruction | 300.226(b). | • Use of funds: | Ο By LEA | 300.226(a). | Ο By Secretary of the Interior | 300.711. | EDUCATION RECORDS (Definition) | 300.611(b). | EDUCATIONAL PLACEMENTS (LRE) | 300.114. | EDUCATIONAL SERVICE AGENCY (ESA) | • Definition | 300.12. | • In definition of “LEA” | 300.28(b)(1). | • Joint establishment of eligibility (Regarding ESAs) | 300.224(b). | Ο Additional requirements (Regarding LRE) | 300.224(c). | ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (ESEA) | • Coordination of early intervening services | 300.226(e). | • Excess cost requirement | 300.202(b). | • Schoolwide programs | 300.206(a). | ELIGIBILITY (CHILD—STUDENT) (A-G) | • Additional eligibility requirements (see §§ 300.121 through 300.124, 300.307 through 300.311) | • Children with disabilities in adult prisons | 300.324(d). | • Children with specific learning disabilities (Documentation of eligibility determination) | 300.311(a). | • Determinant factor for | 300.306(b)(1). | • Determination of eligibility | 300.306. | • Developmental delay (Non-use of term by LEA if not adopted by State) | 300.111(b)(iv). | • Documentation of eligibility (To parent) | 300.306(a)(2). | • Graduation with regular diploma: termination (see §§ 300.102(a)(3), 300.305(e)(2)). | ELIGIBILITY (CHILD—STUDENT) (H-Z) | • Lack of instruction in reading or math | 300.306(b). | • Limited English proficiency | 300.306(b). | • Public benefits or insurance (Risk loss of eligibility) | § 300.154(d)(2) (iii). | • Termination of eligibility (see §§ 300.204(c), 300.305(e)(2)) | • Transfer of rights (Special rule) | 300.520(b). | ELIGIBILITY (PUBLIC AGENCIES) | • Hearings related to (See “Hearings—Hearing procedures”) | • Joint establishment of (see §§ 300.202(b)(3), 300.223(a), 300.224(a)) | • LEA (See “LEA eligibility”) Secretary of the Interior | 300.712(e). | • State (See “State eligibility”) | • State agency eligibility | 300.228. | Ο See “State agencies” | EMOTIONAL DISTURBANCE (Definition) | 300.8(c)(4). | ENFORCEMENT | • Department procedures (see §§ 300.600, 300.604, 300.605) | • Referral to law enforcement authorities | 300.535. | • State policies and procedures: | Ο Enforcement mechanisms | 300.537. | Ο LEA not meeting requirements | 300.608. | Ο Regarding confidentiality | 300.626. | EPILEPSY | 300.8(c)(9)(i). | EQUIPMENT | • Acquisition of | 300.718(a). | • Definition | 300.14. | • Exception to maintenance of effort | 300.204(d). | • Placement in private school | 300.144. | EVALUATION (A-G) | • Assessments in (see §§ 300.304(b), (c) 300.305(c)). | • Basic requirements (see §§ 300.301, 300.303, 300.324) | • Comprehensive (Identify all special education needs) | 300.304(c)(6). | • Definition of | 300.15. | • Evaluation procedures | 300.304. | • Evaluation report to parents | 300.306(a)(2). | • Existing evaluation data (Review of) | 300.305(a)(1). | • Graduation (Evaluation not required for) | 300.305(e)(2). | EVALUATION (H-Z) | • Independent educational evaluation (IEE) | 300.502. | • Initial evaluation (see §§ 300.301, 300.305) | • Observation in determining SLD | 300.310. | • Parent consent | 300.300. | • Parent right to evaluation at public expense | 300.502(b). | • Reevaluation | 300.303. | EXCEPTION | • Charter schools exception (Joint eligibility) | 300.223(b). | • For prior local policies and procedures | 300.220. | • For prior State policies and procedures | 300.176(a). | • To FAPE: | Ο For certain ages | 300.102. | Ο For graduating with a regular diploma | 300.102(a)(3)(i). | Ο For children in adult prisons (see §§ 300.102(a)(2), 300.324(d)). | • To maintenance of effort | 300.204. | • To reimbursement for parental placement | 300.148(e). | EXCESS COSTS | • Calculation of (see appendix A—Excess Costs Calculation) | • Definition | 300.16. | • Excess cost requirement | 300.202(b) | • Joint establishment of eligibility | 300.202(b)(3) | • LEA requirement | 300.202(b) | • Limitation on use of Part B funds | 300.202(b) | • Meeting the excess cost requirement | 300.202(b)(2) | • See also §§ 300.163(a), 300.175(b), 300.202(a), 300.227(a)(2)(ii) | EXISTING EVALUATION DATA (Review of) | 300.305(a)(1). | EXPEDITED DUE PROCESS HEARINGS | 300.532(c). | • Authority of hearing officer | 300.532(b). | • Party appeal (Hearing requested by parents) | 300.532(a). | EXPULSION (See “Suspension and expulsion”) | EXTENDED SCHOOL YEAR SERVICES | 300.106. | EXTRACURRICULAR | • IEP content | 300.320(a)(4)(ii). | • In supplementary aids and services | 300.42. | • Nonacademic services | 300.107. | • Nonacademic settings | 300.117. | FACILITIES | • Alteration of | 300.718. | • Children in private schools or facilities (see §§ 300.130, 300.142(a), 300.144(b), (c), 300.147(c)) | • Construction of | 300.718. | • Physical education (In separate facilities) | 300.108(d). | • Private schools and facilities | 300.2(c). | • See also “Correctional facilities” | • Termination of expenses for construction of | 300.204(d). | FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) (See “Confidentiality”) | FAPE (A-G) | • Definition | 300.17. | • Documentation of exceptions | 300.102(b). | • Exception to FAPE: | Ο For certain ages | 300.102(a). | Ο For children receiving early intervention services | 300.102(a)(4). | Ο For children graduating with a regular diploma | 300.102(a)(3). | Ο For children in adult correctional facilities | 300.102(a)(2). | • For children: | Ο Advancing from grade to grade | 300.101(c). | Ο Beginning at age 3 | 300.101(b). | Ο On Indian reservations | 300.707(c). | Ο Suspended or expelled from school | 300.101(a). | • General requirement | 300.101(a). | FAPE (H-Z) | • Methods and payments | 300.103. | • Private school children with disabilities: | Ο Placed by parents when FAPE is at issue | 300.148. | Ο Placed in or referred by public agencies (see §§ 300.145 through 300.147) | • Reallocation of LEA funds (FAPE adequately provided) | 300.705(c). | • Services (and placement) for FAPE: | Ο Based on child's needs (Not disability category) | 300.304(c)(6). | • State eligibility condition | 300.100. | FAS (Freely associated States) | 300.717(a). | FAX (FACSIMILE TRANSMISSION) | • Department procedures (see §§ 300.183, 300.196(a) through (e)) | FERPA (Family Educational Rights and Privacy Act) (See “Confidentiality”) | FILING A CLAIM (Private insurance) | 300.154(e). | FILING A COMPLAINT (State complaint procedures) | 300.153. | FILING REQUIREMENTS | • By-pass (Regarding private school children) | 300.196. | • Department procedures | 300.183. | • See §§ 300.178 through 300.186. | FINALITY OF DECISION | 300.514. | FORMULA | • Allocations to LEAs | 300.705(b). | • Allocations to States | 300.703. | • Allocation to States when by-pass is implemented | 300.191. | • Allocation to States regarding section 619 (see §§ 300.807, 300.810). | • Parentally-placed private school children | 300.133. | • SEA set aside funds | 300.704(b). | • See also § 300.171(a). | FOSTER PARENT | 300.30(a)(2). | • See also § 300.45(b). | FREELY ASSOCIATED STATES AND OUTLYING AREAS | • Funding for | 300.701(a). | • Purpose of grants | 300.700(a). | FULL EDUCATIONAL OPPORTUNITY GOAL | 300.109. | FUNCTIONAL BEHAVIORAL ASSESSMENT (see § 300.530(d)(1)(ii), (f)(1)(i)) | FUNDING MECHANISM: LRE | 300.114(b). | FUNDS (See “Use of funds”) | GENERAL CURRICULUM | • Discipline (Continue participating in) | 300.530(d)(1)(i). | • Evaluation procedures: | Ο Be involved and progress in | 300.304(b)(1)(ii). | Ο Review of existing evaluation data | 300.305(a)(1). | • IEPs: | Ο Measurable annual goals | 300.320(a)(2)(i). | Ο Present levels of educational performance | 300.320(a)(1). | Ο Review and revision of IEPs | 300.324(b)(1)(ii). | Ο Special education and related services | 300.320(a)(4)(ii). | • IEP Team | 300.321(a)(4)(ii). | • Specially designed instruction (Definition) | 300.39(b)(3). | GOALS | Annual goals (See “IEP” and “Annual goals”). | • Performance goals and indicators | 300.157. | Ο State and local activities to meet | 300.814(c). | Ο Use of State-level funds to meet | 300.704(b)(4)(x). | GOVERNOR (Adult prisons) | 300.149(d). | • See also “Chief executive officer”. | GRADUATION | • Evaluation not required for | 300.305(e)(2). | • Exception to FAPE | 300.102(a)(3)(i). | • Graduation rates as performance indicators | 300.157(a)(3). | • Written prior notice required | 300.102(a)(3)(iii). | GRANDPARENT OR STEPPARENT (In definition of “Parent”) | 300.30(a)(4). | GRANTS | • Grants to States: | 300.700. | Ο Maximum amount | 300.700(b). | Ο Purpose of | 300.700(a). | • See “Subgrants”. | GUARDIAN (In definition of “Parent”) | 300.30(a)(3). | GUARDIANSHIP, SEPARATION, AND DIVORCE (Regarding parent's authority to review records) | 300.613(c). | HEALTH AND HUMAN SERVICES (Secretary of) | 300.708(i)(1). | HEARING AIDS: Proper functioning of | 300.113(a). | HEARING IMPAIRMENT | • Definition | 300.8(c)(5). | • Related services, audiology | 300.34(c)(1). | HEARING OFFICER(S) (A-B) | • Additional disclosure of information requirement | 300.512(b). | • Attorneys' fees | 300.517(c)(2)(i). | • Authority of (Discipline) | 300.532(b). | Ο Basis of decisions | 300.513(a). | HEARING OFFICER(S) (C-Z) | • Change of placement: | Ο Hearing officer decision agrees with parents | 300.518(d). | Ο Hearing officer may order | 300.532(b)(2)(ii). | • Expedited due process hearing (Discipline) | 300.532(c). | • Impartial hearing officer | 300.511(c). | • Parent appeal (Discipline) | 300.532(a). | • Placement during appeals | 300.533. | • Private school placement when FAPE is at issue | 300.148(b). | • Reimbursement for private school placement by parents | 300.148(c). | • Requests for evaluations by | 300.502(d). | HEARING RIGHTS | 300.512. | HEARINGS—HEARING PROCEDURES | • Due process (See “Due process hearings”). | • Public hearings on policies and procedures | 300.165(a). | • State and local eligibility: | Ο LEA eligibility | 300.155. | Ο Notification in case of LEA or State ineligibility | 300.221. | Ο State eligibility (Notice and hearing) (see §§ 300.178, 300.179, 300.181). | HEART CONDITION | 300.8(c)(9)(i). | HEIGHTENED ALERTNESS TO ENVIRONMENTAL STIMULI (In “Other health impairment”) | 300.8(c)(9). | HIGH COST FUND (LEA) | 300.704(c). | HIGHLY MOBILE CHILDREN (e.g., homeless and migrant children) | 300.111(c)(2). | HIGHLY QUALIFIED TEACHER (A-Q) | • Alternative route to certification | 300.18(b)(2). | • Definition of | 300.18. | • Private school teachers | 300.18(h). | HIGHLY QUALIFIED TEACHER (R-Z) | • Requirements for in general | 300.18(b). | • Requirements for teaching to alternate academic achievement standards | 300.18(c). | • Requirements for teaching multiple subjects | 300.18(d). | • Personnel qualifications | 300.156(c). | HIGH NEED CHILD | 300.704(c)(3)(i). | HOMELESS CHILDREN | • Child find | 300.111(a)(1)(i). | • Definition of | 300.19. | • McKinney-Vento Homeless Assistance Act (see §§ 300.19, 300.149(a)(3), 300.153(b)(4)(iii), 300.168(a)(5), 300.508(b)(4)). | • Surrogate parents for | 300.519(a)(4). | HYPERACTIVITY (Attention deficit hyperactivity disorder) | 300.8(c)(9)(i). | INAPPLICABILITY (Of requirements that prohibit commingling and supplanting of funds) | 300.704(d). | IEE (See “Independent educational evaluation”) | IEP (A-I) | • Agency responsibilities for transition services | 300.324(c)(1). | • Basic requirements (see §§ 300.320 through 300.324). | • Child participation when considering transition | 300.321(b)(1). | • Consideration of special factors | 300.324(a)(2). | • Consolidation of IEP Team meetings | 300.324(a)(5). | • Content of IEPs | 300.320(a). | • Definition (see §§ 300.22, 300.320). | • Development, review, and revision of | 300.324. | • IEP or IFSP for children aged 3 through 5 | 300.323(b). | • IEP Team | 300.321. | IEP (J-Z) | • Modifications of IEP or placement (FAPE for children in adult prisons) | 300.324(d)(2)(i). | • Modify/Amend without convening meeting (see § 300.324(a)(4), (a)(6)). | • Parent participation | 300.322. | • Alternative means | 300.328. | • Part C coordinator involvement | 300.321(f). | • Private school placements by public agencies | 300.325(a)(1). | • Regular education teacher (See “IEP Team”). | • Review and revision of IEPs | 300.324(b). | • SEA responsibility regarding private school | 300.325(c). | • State eligibility requirement | 300.112. | • Transition services | 300.320(b). | • When IEPs must be in effect | 300.323. | IEP TEAM | 300.321. | • Alternative educational setting (Determined by) | 300.531. | • Consideration of special factors | 300.324(a)(2). | Ο Assistive technology | 300.324(a)(2)(v). | Ο Behavioral interventions | 300.324(a)(2)(i). | Ο Braille needs | 300.324(a)(2)(iii). | Ο Communication needs (Deafness and other needs) | 300.324(a)(2)(iv). | Ο Limited English proficiency | 300.324(a)(2)(ii). | • Determination of knowledge or special expertise | 300.321(c). | • Discipline procedures (see §§ 300.530(e), 300.531). | • Manifestation determination | 300.530(e). | • Other individuals who have knowledge or special expertise (At parent or agency discretion) | 300.321(a)(6). | • Participation by private school (public agency placement) | 300.325(a). | • Regular education teacher (see §§ 300.321(a)(2), 300.324(a)(3)). | IFSP (INDIVIDUALIZED FAMILY SERVICE PLAN) | • Definition | 300.24. | • Transition from Part C | 300.124. | • IFSP vs. IEP | 300.323(b). | ILLEGAL DRUG (Definition—discipline) | 300.530(i)(2). | IMPARTIAL DUE PROCESS HEARING | 300.511. | • See “Due process hearings and reviews”. | IMPARTIAL HEARING OFFICER | 300.511(c). | IMPARTIALITY OF MEDIATOR | 300.506(b)(1). | INCIDENTAL BENEFITS (Permissive use of funds) | 300.208. | INCIDENTAL FEES (In definition of “at no cost” under “Special education”) | 300.39(b)(1). | INCLUDE (Definition) | 300.20. | INDEPENDENT EDUCATIONAL EVALUATION (IEE) | 300.502. | • Agency criteria (see § 300.502(a)(2), (b)(2)(ii), (c)(1), (e)). | • Definition | 300.502(a)(3)(i). | • Parent-initiated evaluations | 300.502(c). | • Parent right to | 300.502(a)(1). | • Procedural safeguards notice | 300.504(c)(1). | • Public expense (Definition under IEE) | 300.502(a)(3)(ii). | • Request by hearing officers | 300.502(d). | • Use as evidence at hearing | 300.502(c)(2). | INDIAN; INDIAN CHILDREN | • Child find for Indian children aged 3 through 5 | 300.712(d). | • Definition of “Indian” | 300.21(a). | • Definition of “Indian tribe” | 300.21(b). | • Early intervening services | 300.711. | • Payments and use of amounts for: | Ο Education and services for children aged 3 through 5 | 300.712(a). | Ο Education of Indian children | 300.707. | • Plan for coordination of services | 300.713. | • Submission of information by Secretary of Interior | 300.708. | INDICATORS | 300.157(b). | • See “Performance goals and indicators”. | INDIVIDUALIZED EDUCATION PROGRAM (See “IEP”) | INDIVIDUALIZED FAMILY SERVICE PLAN (See “IFSP”) | INFORMED CONSENT (See “Consent”) | INITIAL EVALUATION | 300.301. | • Consent before conducting | 300.300(a)(1)(i). | Ο For ward of State | 300.300(a)(2). | Ο Not construed as consent for initial placement | 300.300(a)(1)(ii). | Ο When not required | 300.300(a)(2). | • Review of existing evaluation data | 300.305(a). | INSTITUTION OF HIGHER EDUCATION | • Definition | 300.26. | INSTRUCTIONAL MATERIALS | • Access to | 300.172. | • Audio-visual materials | 300.14(b). | • LEA purchase of | 300.210. | • NIMAC: | Ο SEA coordination with | 300.172(c). | Ο SEA rights and responsibilities if not coordinating | 300.172(b). | INSURANCE | • Community-based waivers (see § 300.154(d)(2)(iii)(D)). | • Financial costs | 300.154(f)(2). | • Financial responsibility of LEA/SEA | 300.154(a)(1). | • Out-of-pocket expense | 300.154(d)(2)(ii). | • Private insurance | 300.154(e). | • Public benefits or insurance | 300.154(d). | • Risk of loss of eligibility (see § 300.154(d)(2)(iii)(D)). | INTELLECTUAL DISABILITY (Definition) | 300.8(c)(6). | INTERAGENCY AGREEMENTS | • FAPE methods and payments (Joint agreements) | 300.103(a). | • LRE (Children in public/private institutions) | 300.114(a)(2)(i). | • Methods of ensuring services | 300.154(a). | • SEA responsibility for general supervision | 300.149. | • Secretary of Interior—with Health and Human Services Secretary | 300.708(i)(1). | Ο Cooperative agreements (BIA and other agencies) | 300.712(d). | INTERAGENCY COORDINATION (See “Coordination of services,” “Interagency agreements”) | INTERAGENCY DISPUTES | 300.154(a)(3). | INTERAGENCY RESPONSIBILITIES (Transition services) | 300.320(b). | INTERIM ALTERNATIVE EDUCATIONAL SETTING (See §§ 300.530(b), 300.531, 300.532(b)(2)(ii), 300.533) | INTERPRETING SERVICES | • As a related service | 300.34(a). | • Definition | 300.34(c)(4). | JOINT ESTABLISHMENT OF ELIGIBILITY (LEAs) | 300.223. | • See also §§ 300.202(b)(3), 300.224. | JUDICIAL | • Authorities (Referral to) | 300.535. | • Finding of unreasonableness | 300.148(d)(3). | • Proceeding (During pendency) | 300.518(a). | • Review | 300.197. | • See also: | Ο Civil action (see §§ 300.504(c)(12), 300.514(d), 300.516) | Ο Court(s) (see §§ 300.102(a)(1), 300.184, 300.148(c), (d)(3), 300.197, 300.516(a), (c), (d), 300.517(a), (c)) | JUVENILE-ADULT CORRECTIONS FACILITIES (See “Correctional facilities”) | LAW ENFORCEMENT AND JUDICIAL AUTHORITIES | • Referral to | 300.535. | LEA (LOCAL EDUCATIONAL AGENCY) (A-C) | • Allocations to LEAs | 300.705(b). | Ο Reallocation of funds (If LEA is adequately providing FAPE) | 300.705(c). | • Charter schools and LEAs (See “Charter schools”). | • Child count—LEAs: | Ο Parentally-placed private school children with disabilities | 300.133(c). | Ο Procedures for counting all children served (Annual report) | 300.645. | Ο See also “Child count”. | • Child find—LEAs: | Ο Parentally-placed private school children with disabilities | 300.131. | Ο See also “Child find” | • Compliance (LEA and State agency) | 300.222. | • Consistency of LEA policies with State policies | 300.201. | LEA (D-G) | • Definition of LEA | 300.28. | • Developmental delay: Use of term by LEAs (see § 300.111(b)(2) through (b)(4)). | • Direct services by SEA (If LEA is unable or unwilling to serve CWDs, etc.) | 300.227. | • Discipline and LEAs (See “Discipline”). | • Eligibility of LEA: | Ο Condition of assistance (see §§ 300.200 through 300.213) | Ο Exception for prior local plans. | 300.220. | Ο Ineligibility of LEA (Notice by SEA) | 300.221. | Ο SEA hearings on LEA eligibility | 300.155. | • Excess cost requirement—LEA: | 300.202(b). | Ο Use of amounts for excess costs | 300.202(a)(2). | Ο See also “Excess costs”. | LEA (H-L) | • Hearings relating to LEA eligibility | 300.155. | • Information for SEA | 300.211. | • Instructional materials (Purchase of) | 300.210. | • Joint establishment of eligibility (By two or more LEAs) | 300.202(b)(3). | Ο See also §§ 300.223, 300.224 | • LEA and State agency compliance | 300.222. | • LEA policies (Modification of) | 300.220(b). | Ο See “LEA eligibility,” “Eligibility of LEA”. | LEA (M-P) | • Maintenance of effort regarding LEAs (See “Maintenance of effort”). | • Methods of ensuring services—LEAs (see § 300.154(a)(1) through (a)(4), (b)). | • Migratory children with disabilities (Linkage with records under ESEA) | 300.213. | • Modification of policies by LEA | 300.220(b). | • Noncompliance of LEA (SEA determination) | 300.222(a). | • Notice requirement (On LEA) | 300.222(b). | • Purchase of instructional materials | 300.210. | • Personnel shortages (Use of funds to assist LEAs in meeting) | 300.704(b)(4)(vii). | • Public information (By LEA) | 300.212. | LEA (R-T) | • Reallocation of LEA funds (If LEA is adequately providing FAPE) | 300.705(c). | • Reimbursement of LEAs by other agencies (See “Methods of ensuring services,” § 300.154(a)(2) through (a)(3), (b)(2)). | • Review and revision of policies | 300.170(b). | • SEA reduction in payments to LEA | 300.222(a). | • SEA use of LEA allocations for direct services | 300.227. | • Show cause hearing (By-pass requirement) | 300.194. | • State-level nonsupplanting | 300.162(c). | • Subgrants to LEAs | 300.705(a). | • Suspension and expulsion rates—LEAs | 300.170(a)(1). | • Transition planning conferences (Part C to B) | 300.124(c). | LEA (U-Z) | • Use of amounts (by LEA) | 300.202. | Ο (See “Permissive use of funds”). | • Use of SEA allocations (Regarding LEAs) | 300.704. | Ο For capacity-building, etc. (see § 300.704(b)(4)(viii)). | Ο To assist in meeting personnel shortages (see § 300.704(b)(4)(vii)). | LEA ELIGIBILITY (A-I) | • Adjustment to local fiscal efforts in certain fiscal years | 300.205. | • Charter schools—public: | Ο Rights of children with disabilities who attend public charter schools | 300.209(a). | Ο That are public schools of the LEA | 300.209(b). | Ο That are LEAs | 300.209(c). | Ο That are not an LEA or a school that is part of an LEA | 300.209(d). | Ο Treatment of charter schools and their students | 300.209. | Ο See also “Charter schools”. | • Condition of assistance | 300.200. | Ο See §§ 300.201 through 300.213. | • Consistency with State policies | 300.201. | • Information for SEA | 300.211. | LEA ELIGIBILITY (M-Z) | • Maintenance of effort | 300.203. | Ο Exception to | 300.204. | • Migratory children with disabilities—records regarding | 300.213. | • Permissive use of funds | 300.208. | Ο Administrative case management | 300.208(b). | Ο Early intervening services | 300.208(a)(2). | Ο High cost special education and related services | 300.208(a)(3). | Ο Services and aids that also benefit nondisabled children | 300.208(a)(1). | • Personnel development | 300.207. | • Records regarding migratory children with disabilities | 300.213. | • State prohibition (If LEA is unable to establish/maintain programs of FAPE) | 300.205(c). | • Treatment of charter schools and their students | 300.209. | LEAD POISONING (Other health impairment) | 300.8(c)(9)(i). | LEAST RESTRICTIVE ENVIRONMENT (LRE) | • Children in public or private institutions | 300.118. | • Continuum of alternative placements | 300.115. | • Educational service agency (Additional requirement regarding LRE) | 300.224(c). | • Monitoring activities | 300.120. | • Nonacademic settings | 300.117. | • Placements | 300.116. | • State eligibility requirements | 300.114. | • Additional requirement: State funding mechanism | 300.114(b). | • Technical assistance and training | 300.119. | LEISURE EDUCATION (Recreation) | 300.34(c)(11)(iv). | LEP (See “Limited English proficient”) | LEUKEMIA (Other health impairment) | 300.8(c)(9)(i). | LIMITED ENGLISH PROFICIENT (LEP) | • Definition of | 300.27. | • Determinant factor in eligibility determination | 300.306(b)(1)(iii). | • In development, review, and revision of IEP | 300.324(a)(2)(ii). | • In “native language” (Definition) | 300.29(a). | • Special rule—LEP not determinant factor | 300.306(b)(1)(iii). | LOCAL EDUCATIONAL AGENCY (See “LEA”) | LRE (See “Least restrictive environment”) | MAINTENANCE OF EFFORT (MOE-LEA) (A-R) | • Amounts in excess (Reduce level) | 300.205(a). | • Exception to | 300.204. | • Maintenance of effort and early intervening services (see appendix D) | • Maintenance of effort—LEA | 300.203. | • Non-reduction of (State enforcement) | 300.608. | • Public benefits or insurance proceeds are not MOE | 300.154(g)(2). | Ο See “Methods of ensuring services”. | MAINTENANCE OF EFFORT (MOE-LEA) (S-Z) | • SEA flexibility | 300.230(a). | • State enforcement (SEA must prohibit LEA from reducing MOE) | 300.608. | MAINTENANCE OF STATE FINANCIAL SUPPORT | 300.163. | • Reduction of funds for failure to maintain support | 300.163(b). | • Subsequent years (Regarding a waiver) | 300.163(d). | • Waivers: Exceptional or uncontrollable circumstances | 300.163(c). | MANIFESTATION DETERMINATION (See “Discipline”) | 300.530(e). | McKINNEY-VENTO HOMELESS ASSISTANCE ACT | • In definition of “Homeless children” | 300.19. | • In filing a State complaint | 300.153(b)(4)(iii). | • SEA responsibility for general supervision (Regarding homeless children) | 300.149(a)(3). | • State advisory panel (Membership) | 300.168(a)(5). | • Surrogate parents (Homeless child's rights protected | 300.519(a)(4). | MEDIATION (A-O) | • Benefits of (Meeting to explain) | 300.506(b)(2)(ii). | • Confidential discussions | 300.506(b)(6)(i). | • Cost of (Borne by State) | 300.506(b)(4). | • Disinterested party (To meet with parents and schools | 300.506(b)(2). | • Disputes (Resolve through mediation) | 300.506(a). | • Legally binding agreement | 300.506(b)(6). | • Mediation procedures (By public agency to allow parties to resolve disputes) | 300.506(a). | • Mediators: | Ο Impartiality of | 300.506(c). | Ο List of | 300.506(b)(3)(i). | Ο Qualified and impartial (see § 300.506(b)(1)(iii)). | • Meeting to explain benefits of | 300.506(b)(2)(ii). | • Not used as evidence in hearing | 300.506(b)(8). | • Not used to deny/delay right to hearing | 300.506(b)(1)(ii), | • Opportunity to meet | 30.506(b)(2). | MEDIATION (P-Z) | • Parent training and information center | 300.506(b)(2)(i). | • Procedural safeguards notice | 300.504(c)(6). | • Random selection of mediators | 300.506(b)(3)(ii). | • Use of SEA allocations to establish | 300.704(b)(3)(ii). | • Voluntary | 300.506(b)(1)(i). | • Written mediation agreement | 300.506(b)(7). | MEDICAID | • Children covered by public benefits or insurance | 300.154(d)(1). | • Construction (Nothing alters requirements imposed under Titles XIX or XXI) | 300.154(h). | • Financial responsibility of each non-educational public agency (e.g., State Medicaid) | 300.154(a)(1). | • LEA high cost fund (Disbursements not medical assistance under State Medicaid) | 300.704(c)(8). | • Medicaid reimbursement not disqualified because service in school context | 300.154(b)(1)(ii). | • Methods of ensuring services (see § 300.154(a)(1), (b)(1)(ii), (d), (g)(2), (h)) | • Proceeds from public or private insurance | 300.154(g)(1). | • Public agency may use Medicaid | 300.154(a)(1). | • State Medicaid, etc., must precede financial responsibility of LEA | 300.154(a)(1). | MEDICAL (A-L) | • Assistance under other Federal programs | 300.186. | • Assistive technology device (Does not include a surgically implanted medical device) | 300.5. | • LEA high cost fund (Disbursements not medical assistance under State Medicaid) | 300.704(c)(8). | MEDICAL (M-Q) | • Medical services in (“Related services”): | Ο Audiology (Referral for) | 300.34(c)(1)(ii). | Ο Definition of | 300.34(c)(5). | Ο For diagnostic purposes | 300.34(a). | Ο Speech-language pathology (Referral for) | 300.34(c)(15)(iii). | • Medical supplies, etc. (Memo of agreement between HHS and Interior) | 300.708(i)(2). | • Non-medical (Residential placement) | 300.104. | MEDICAL (R-Z) | • Referral for medical services: | Ο Audiology | 300.34(c)(1)(ii). | Ο Speech-language pathology services | 300.34(c)(15)(iii). | • Related services: Exception; surgically implanted devices (“Cochlear implants”) | 300.34(b). | • Routine checking of hearing aids and other devices | 300.113. | • SLD: Educationally relevant medical findings, if any | 300.311(a)(4). | MEDICATION | • Prohibition on mandatory medication | 300.174. | MEETING(S) | • Alternative means of meeting participation | 300.328. | • Consolidation of IEP Team meetings | 300.324(a)(5). | • Equitable services determined (Parentally-placed private school CWDs) | 300.137. | • IEP Team meetings (See “IEP”). | • Mediation (Opportunity to meet) | 300.506(b)(2). | • Opportunity to examine records; participation in IEP Team meetings | 300.501. | • Parent participation in meetings (see § 300.506(b)(2), (b)(4)). | • Private school placements by public agencies | 300.325. | • Reviewing and revising IEPs (Private school placements) | 300.325(b). | • Services plan for private school children (Meetings) | 300.137(c)(1). | METHODS OF ENSURING SERVICES | 300.154. | MIGRANT CHILDREN | • Child find | 300.111(c)(2). | • Records regarding migratory children (Linkage with ESEA) | 300.213. | MINIMUM STATE COMPLAINT PROCEDURES | 300.152. | • See “Complaints,” “State complaint procedures”. | MONITOR; MONITORING ACTIVITIES (A-N) | • Allowable costs for monitoring | 300.704(b)(3)(i). | • Children placed in private schools by public agencies | 300.147(a). | • Implementation by SEA | 300.147(a). | • LRE (SEA monitoring activities) | 300.120. | • Monitoring activities (LRE) | 300.120. | • Monitoring—Enforcement (Subpart F) | 300.600. | Ο Rule of construction (Use any authority under GEPA to monitor) | 300.609. | Ο Secretary's review and determination regarding State performance | 300.603(b)(1). | Ο State exercise of general supervision | 300.600(d)(2). | Ο State use of targets and reporting | 300.602(a), (b)(1). | MONITOR; MONITORING ACTIVITIES (O-Z) | • Outlying areas, etc. (see § 300.701(a)(1)(ii)). | • Private school children: SEA monitoring | 300.147(a). | • SEA responsibility for general supervision | 300.149(b). | • Secretary of the Interior | 300.708. | • State advisory panel functions (Advise SEA on corrective action plans) | 300.169(d). | • Use of SEA allocations for monitoring | 300.704(b)(3)(i). | • Waiver (State's procedures for monitoring) | 300.164(c)(2)(ii)(B). | Ο Summary of monitoring reports | 300.164(c)(3). | MULTIPLE DISABILITIES (Definition) | 300.8(c)(7). | NATIONAL INSTRUCTIONAL MATERIALS ACCESS CENTER (NIMAC) | 300.172(e)(1)(ii). | NATIONAL INSTRUCTIONAL MATERIALS ACCESSIBILITY STANDARDS (NIMAS) | 300.172(e)(1)(iii). | • See also appendix C. | NATIVE LANGUAGE | • Confidentiality (Notice to parents) | 300.612(a)(1). | • Definition | 300.29. | • Definition of “Consent” | 300.9. | • Evaluation procedures (Tests in native language) | 300.304(c)(1)(ii). | • Notice to parents: Confidentiality (In native language) | 300.612(a)(1). | • Prior notice: | Ο Notice in native language | 300.503(c)(1)(ii). | Ο Notice translated orally | 300.503(c)(2)(i). | Ο Steps if not a written language | 300.503(c)(2). | NATURE/LOCATION OF SERVICES (Direct services by SEA) | 300.227. | NEPHRITIS (In “Other health impairment”) | 300.8(c)(9)(i). | NIMAC (See “National Instructional Materials Access Center”) | NIMAS (See “National Instructional Materials Accessibility Standard”) | NONACADEMIC | • Activities: Participate in (IEP content) | 300.320(a)(4)(ii). | • Services and extracurricular activities (Equal opportunity to participate in) | 300.107(a). | • Settings | 300.117. | NONCOMMINGLING | 300.162(b). | NONDISABLED (Children; students) (A-P) | • At no cost (In definition of “special education”) | 300.39(b)(1). | • Disciplinary information | 300.229(a). | • Excess cost requirement | 300.202(b). | • IEP (definition) (see § 300.320(a)(1)(i), (a)(4)(iii), (a)(5)) | • LRE (General requirement) | 300.114. | • Nonacademic settings | 300.117. | • Placement | 300.116. | • Program options | 300.110. | NONDISABLED (Children; students) (R-Z) | • Regular physical education | 300.108(b). | • Services and aids that also benefit nondisabled children | 300.208(a)(1). | • Special education (Definition: In definition of “at no cost”) | 300.39(b)(1). | • Supplementary aids and services | 300.42. | • Suspension and expulsion rates | 300.170(a)(2). | NONEDUCATIONAL (Public agency) | • Medicaid service (May not be disqualified because in school context) | 300.154(b)(1)(ii). | • Methods of ensuring services (see § 300.154(a), (b)) | • Obligation of | 300.154(b). | • Reimbursement for services by | 300.154(b)(2). | NON-MEDICAL CARE (Residential placement) | 300.104. | NONSUPPLANTING | • Excess cost requirement (Regarding children aged 3 through 5 and 18 through 21) | 300.202(b)(1)(ii). | • LEA nonsupplanting | 300.202(b)(1)(ii). | • SEA flexibility | 300.230(a). | • State-level activities (Inapplicability of certain provisions) | 300.704(d). | • State-level nonsupplanting | 300.162(c). | • Waiver of requirement | 300.164. | NOTICES: By parents or parties | • Attorneys' fees: When court reduces fee award regarding due process request notice | 300.517(c)(4)(iv). | • Children enrolled by parents in private schools when FAPE is at issue | 300.148(d)(1)(i). | • Due process complaint (Notice before a hearing on a complaint) | 300.508(c). | • Private school placement by parents (When FAPE is at issue) | 300.148(d)(1)(i). | NOTICES: Public agency (A-M) | • By-pass (Judicial review) | 300.197. | • Children's rights (Transfer of rights) | 300.625(c). | • Confidentiality (Notice to parents) | 300.612. | • Department procedures (Notice to States) | 300.179. | Ο See “Judicial review” | 300.184. | • Discipline (Notification) | 300.530(h). | • Exception to FAPE (Graduation) | 300.102(a)(3). | • Hearings relating to LEA eligibility | 300.155. | • IEP meetings (Parent participation) | 300.322(b). | • Judicial review: If State dissatisfied with eligibility determination | 300.184. | • LEA and State agency compliance | 300.222. | Ο Notification in case of ineligibility | 300.221(b). | NOTICES: Public agency (N-P) | • Notice before a hearing on a due process complaint | 300.508(c). | • Notice and hearing before State ineligible | 300.179. | • Notice in understandable language | 300.503(c). | • Notification of LEA in case of ineligibility | 300.221(b). | • Parent participation in meetings | 300.501(b)(2). | • Prior notice by public agency | 300.503. | • Private school placement by parents when FAPE is at issue (Public agency notice) | 300.148(d)(2). | • Procedural safeguards notice | 300.504. | • Public attention | 300.606. | • Public participation (Notice of hearings) | 300.165(a). | NOTICES: Public agency (Q-Z) | • Secretary of the Interior (Submission of information) | 300.708(g). | • Secretary's review and determination of State performance | 300.603(b)(2). | • Transfer of parental rights | 300.520(a)(1)(i). | • Use of electronic mail | 300.505. | • Withholding funds | 300.605. | OCCUPATIONAL THERAPY | 300.34(c)(6). | OPPORTUNITY TO EXAMINE RECORDS | 300.501. | ORIENTATION AND MOBILITY SERVICES | 300.34(c)(7). | ORTHOPEDIC IMPAIRMENT | 300.8(c)(8). | OTHER HEALTH IMPAIRMENT | 300.8(c)(9). | OTHER INDIVIDUALS ON IEP TEAM | 300.321(a)(6). | OUTLYING AREAS—FREELY ASSOCIATED STATES | • Allocations to States (General) | 300.703(a). | • Annual description of use of funds | 300.171(c). | • Definitions applicable to allotments, grants and use of funds: | Ο Freely associated States | 300.717(a). | Ο Outlying areas | 300.717(b). | • Definition of “State” (Includes “Outlying areas”) | 300.40. | • Outlying areas and freely associated States | 300.701. | • Purpose of grants | 300.700(a). | OUT-OF-POCKET EXPENSE (Public benefits or insurance) | 300.154(d)(2)(ii). | PARAPROFESSIONALS | In “Personnel qualifications” | 300.156(b). | PARENT (Definition) | 300.30. | PARENT: RIGHTS AND PROTECTIONS (A-G) | • Appeal (Manifestation determination) | 300.532. | • Confidentiality (Authority to inspect and review records) | 300.613(c). | • Consent (See “Consent”) | • Counseling and training (Definition) | 300.34(c)(8). | • Definition of “Parent” | 300.30. | Ο Foster parent | 300.30(a)(2). | Ο Grandparent or stepparent | 300.30(a)(4). | Ο Guardian | 300.30(a)(3). | PARENT: RIGHTS AND PROTECTIONS (H-N) | • Independent educational evaluation | 300.502. | Ο Parent-initiated evaluations | 300.502(c). | Ο Parent right to evaluation at public expense | 300.502(b). | • IEP and parent involvement: | Ο Copy of child's IEP | 300.322(f). | Ο Informed of child's progress | 300.320(a)(3)(ii). | Ο Option to invite other individuals | 300.321(a)(6). | Ο Participation in meetings | 300.322. | Ο Team member | 300.321(a)(1). | • Informed consent (Accessing private insurance) | 300.154(e)(1). | • Involvement in placement decisions | 300.501(c). | • Meetings (Participation in) | 300.501(b). | • Notice to public agency: | Ο Before a hearing on a due process complaint | 300.508(c). | Ο Before removing child from public school | 300.148(d)(1)(ii). | Ο Timeline for requesting a hearing | 300.511(e). | • Exceptions to timeline | 300.511(f). | Ο Opportunity to examine records | 300.501(a). | PARENT: RIGHTS AND PROTECTIONS (O-Z) | • Parent counseling and training | 300.34(c)(8). | • Placement decisions (Involvement in) | 300.501(c). | • Request for hearing (Discipline) | 300.532(a). | • Right to an independent educational evaluation | 300.502(b). | PARENTAL CONSENT (See “Consent”) | PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (A-E) | • Annual count of the number of | 300.133(c). | • Bypass (see §§ 300.190 through 300.198) | • Child find for | 300.131. | • Calculating proportionate amount | 300.133(b). | • Compliance | 300.136. | • Consultation with private schools | 300.134. | • Written affirmation | 300.135. | • Definition of | 300.130. | • Due process complaints and State complaints | 300.140. | • Equitable services determined | 300.137. | Ο Equitable services provided | 300.138. | • Expenditures | 300.133. | Ο Formula | 300.133(a). | PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (F-R) | • No individual right to special education and related services | 300.137(a). | • Property, equipment, and supplies | 300.144. | • Proportionate share of funds | 300.134(b). | Ο See “Appendix B—Proportionate Share Calculation” | • Provision of equitable services | 300.138(c). | • Religious schools (see §§ 300.131(a), 300.137(c), 300.139(a)) | • Requirement that funds not benefit a private school | 300.141. | PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (S-T) | • Separate classes prohibited | 300.143. | • Services on private school premises | 300.139(a). | • Services plan (Definition) | 300.37. | Ο For each child served under §§ 300.130 through 300.144 | 300.137(c). | Ο See also §§ 300.132(b), 300.138(b), 300.140(a) | • State eligibility requirement | 300.129. | • Transportation (Cost of) | 300.139(b)(2). | PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (U-Z) | • Use of personnel: | Ο Private school personnel | 300.142(b). | Ο Public school personnel | 300.142(a). | • Written affirmation | 300.135. | • Written explanation by LEA regarding services | 300.134(e). | PARTICIPATING AGENCY | • Confidentiality provisions: | Ο Definition of participating agency | 300.611(c). | Ο See also §§ 300.613(c), 300.614, 300.616, 300.618, 300.623 | • IEP requirements (Transition services) | 300.324(c). | PENDENCY (Stay put) | • Child's status during due process proceedings | 300.518. | • Placement during appeals (Discipline) | 300.533. | • Procedural safeguards notice | 300.504(c)(7). | PERFORMANCE GOALS AND INDICATORS | • Assess progress toward achieving goals | 300.157(c). | • Establishment of goals | 300.157. | • Other State level activities | 300.814(c). | • Performance goals and indicators | 300.157. | • State monitoring and enforcement | 300.600(c). | • State performance plans and data collection | 300.601. | PERFORMANCE; PERFORMANCE PLANS (STATE) | • Enforcement | 300.604. | • Public reporting and privacy | 300.602(b). | • Secretary's review and determination regarding State performance | 300.603. | • State performance plans and data collection | 300.601. | • State performance report | 300.602(b)(2). | • State use of targets and reporting | 300.602. | Ο Public reporting | 300.602(b)(1). | Ο State performance report | 300.602(b)(2). | PERMISSIVE USE OF FUNDS (LEAs) | • Administrative case management | 300.208(b). | • Early intervening services | 300.208(a)(2). | • High cost education and related services | 300.208(a)(3). | • Permissive use of funds | 300.208. | • Services and aids that also benefit nondisabled children | 300.208(a)(1). | PERSONALLY IDENTIFIABLE (PI) INFORMATION (A-H) | • Confidentiality of (State eligibility requirement) | 300.123. | • Consent (confidentiality) | 300.622(a). | • Data collection (State performance plans) | 300.601(b)(3). | • Definition of “personally identifiable” | 300.32. | • Department use of information | 300.627. | • Destruction: | Ο Definition of | 300.611(a). | Ο Destruction of information | 300.624. | • Hearing decisions to advisory panel and the public | 300.513(d). | PERSONALLY IDENTIFIABLE (PI) INFORMATION (I-Z) | • Notice to parents (Confidentiality): | Ο Children on whom PI information is maintained | 300.612(a)(2). | Ο Policies and procedures regarding disclosure to third parties, etc. | 300.612(a)(3). | • Participating agency (Definition) | 300.611(c). | • Protection of PI information | 300.642(a). | • See also § 300.610 | • Safeguards (Protect PI information) | 300.623. | PERSONNEL QUALIFICATIONS | 300.156. | PERSONNEL SHORTAGES | • Use of SEA allocations to meet | 300.704(b)(4)(vii). | PHYSICAL EDUCATION | • Definition | 300.39(b)(2). | • State eligibility requirement | 300.108. | PHYSICAL THERAPY (Definition) | 300.34(c)(9). | PLACEMENT(S) (A-Co) | • Adult prisons (CWDs in): | Ο Last educational placement before incarceration | 300.102(a)(2)(i). | Ο Modifications to IEPs and placements | 300.324(d)(2). | • Alternative means of meeting participation (Regarding “Placement meetings”) | 300.328. | • Change in placement: Graduation | 300.102(a)(3)(iii). | • Child's placement during pendency of any complaint | 300.504(c)(7). | Ο See also “Pendency” (Child's status during proceedings) | 300.518. | • Children with disabilities in adult prisons: Placements regarding (see §§ 300.102(a)(2)(i), 300.324(d)(2)) | • Continuum of alternative placements (Continuum—LRE) | 300.115. | PLACEMENT(S) (Cu-L) | • Current placement (see § 300.530(b)((2), (d)) | • Current “Educational placement:” | Ο Change of placements because of disciplinary removals | 300.536. | Ο Child's status during proceedings | 300.518(a). | • Disciplinary changes in placement | 300.530(c). | • Discipline procedures and placements (see §§ 300.530 through 300.536) | • Educational placements (Parents in any group that makes placement decisions) | 300.327. | • Graduation: A change in placement (Exception to FAPE) | 300.102(a)(3)(iii). | • Last educational placement (Before incarceration) | 300.102(a)(2)(i). | • Least restrictive environment (LRE) (see §§ 300.114 through 300.120) | • Notification: LEA must notify parents of decision to change placement | 300.530(h). | PLACEMENT(S) (O-Z) | • Pendency (Child's status during proceedings) | 300.518. | Placement of children by parents if FAPE is at issue | 300.148. | • Placements (LRE) | 300.116. | • Requirements for unilateral placement by parents of CWDs in private schools (In “Procedural safeguards notice”) | 300.504(c)(9). | • State funding mechanism (Must not result in placements that violate LRE) | 300.114(b)(1). | POLICY: POLICIES AND PROCEDURES | • Condition of assistance (LEA eligibility) | 300.200. | Ο Consistency with State policies | 300.201. | Ο See also §§ 300.200 through 300.213 | • Eligibility for assistance (State) | 300.100. | • Exception for prior policies on file: | Ο With the SEA | 300.220. | Ο With the Secretary | 300.176(a). | • FAPE policy | 300.101(a). | • Joint establishment of eligibility (Requirements) | 300.223. | • Modifications of: | Ο LEA or State agency policies | 300.220(b). | Ο Required by Secretary | 300.176(c). | Ο State policies (By a State) | 300.176(b). | • Public participation | 300.165. | • Secretary of the Interior | 300.708. | Ο Public participation | 300.709. | Ο Submission of information | 300.708. | PREPONDERANCE OF EVIDENCE | • Civil action | 300.516(c)(3). | PRESCHOOL GRANTS | • Allocations to LEAs | 300.816. | Ο Subgrants to LEAs | 300.815. | • Other State-level activities | 300.814. | Ο Provide early intervention services in accordance with Part C of the Act | 300.814(e). | Ο Service coordination or case management | 300.814(f). | • State administration | 300.813. | • Use of funds for administration of Part C | 300.813(b). | PRIOR NOTICE | • By public agency | 300.503. | • Notice required before a hearing on a due process complaint | 300.508(c). | • Procedural safeguards notice | 300.504. | PRISONS (See “Adult prisons”) | PRIVATE INSURANCE | • Children with disabilities who are covered by | 300.154(e). | Ο Proceeds from public benefits or insurance or private insurance | 300.154(g). | Ο Use of Part B funds | 300.154(f). | PRIVATE SCHOOLS AND FACILITIES | • Applicability of this part to State and local agencies: | Ο CWDs placed in private schools by parents under § 300.148 | 300.2(c)(2). | Ο CWDs referred to or placed in private schools by public agency | 300.2(c)(1). | PRIVATE SCHOOL CHILDREN ENROLLED BY THEIR PARENTS | • Placement of children by parents when FAPE is at issue | 300.148. | • See “Parentally-placed private school children with disabilities” | PRIVATE SCHOOL PLACEMENTS BY PUBLIC AGENCIES (A-D) | • Applicability of this part to private schools | 300.2(c)(1). | • Applicable standards (SEA to disseminate to private schools involved) | 300.147(b). | PRIVATE SCHOOL PLACEMENTS BY PUBLIC AGENCIES (E-Z) | • Implementation by SEA (Must monitor, provide standards, etc.) | 300.147. | • Monitor compliance | 300.147(a). | • Input by private schools (Provide for) | 300.147(c). | • Responsibility of SEA | 300.146. | PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (A-C) | • Additional disclosure of information (5 business days before hearing) | 300.512(b). | • Agency responsible for conducting hearing | 300.511(b). | • Appeal of hearing decisions; impartial review | 300.514(b). | • Attorneys' fees | 300.517. | • Child's status during proceedings | 300.518. | • Civil action | 300.516. | • Consent (Definition) | 300.9. | • Court (See “Court(s)”) | PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (D-H) | • Electronic mail (Parent may elect to receive notices by) | 300.505. | • Evaluation (Definition) | 300.15. | • Evaluations: Hearing officer requests for | 300.502(d). | • Finality of decision; appeal; impartial review | 300.514. | • Findings and decision to advisory panel and public | 300.513(d). | • Hearing rights | 300.512. | PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (I-Pa) | • Impartial due process hearing | 300.511. | • Impartial hearing officer | 300.511(c). | • Impartiality of mediator | 300.506(c). | • Independent educational evaluation | 300.502. | Ο Definition | 300.502(a)(3)(i). | • Jurisdiction of district courts | 300.516(d). | Ο See “Court(s)” | • Mediation | 300.506. | Ο Opportunity to meet with a disinterested party | 300.506(b)(2). | • Model form to assist parties in filing a due process or State complaint | 300.509. | • Notice required before a hearing on a due process complaint | 300.508(c). | • Opportunity to examine records | 300.501(a). | • Parental consent | 300.300. | • Parent-initiated evaluations | 300.502(c). | • Parent involvement in placement decisions | 300.501(c). | • Parent participation in meetings | 300.501(b). | • Parental rights at hearings | 300.512(c). | • Parent right to evaluation at public expense | 300.502(b). | Ο Public expense (Definition) | 300.502(a)(3)(ii). | PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (Pe-Z) | • Pendency | 300.518. | • Personally identifiable (Definition) | 300.32. | • Prior notice by public agency | 300.503. | • Procedural safeguards notice | 300.504. | • Prohibition on introduction of undisclosed evidence 5 business days before hearing | 300.512(a)(3). | • Record of hearing | 300.512(a)(4). | • Resolution process | 300.510. | • SEA implementation of | 300.150. | • See “Civil Action Proceedings,” “Court(s),” “Hearing Officer(s),” “Timelines” | • Surrogate parents | 300.519. | • Timelines and convenience of hearings | 300.515. | • Transfer of parental rights at age of majority | 300.520. | PROCEDURAL SAFEGUARDS NOTICE | 300.504. | • Internet Web site (Notice on) | 300.504(b). | PROCEEDS FROM PUBLIC BENEFITS OR INSURANCE OR PRIVATE INSURANCE | 300.154(g). | PROGRAM INCOME (Not treated as proceeds from insurance) | 300.154(g.) | PROGRAM MODIFICATIONS OR SUPPORTS (IEP content) | 300.320(a)(4). | PROPORTIONATE SHARE CALCULATION (See appendix B) | PROTECTIONS FOR CHILDREN NOT DETERMINED ELIGIBLE (Discipline) | 300.534. | PSYCHOLOGICAL SERVICES (Definition) | 300.34(c)(10). | PUBLIC AGENCY (Definition) | 300.33. | PUBLIC BENEFITS OR INSURANCE | 300.154(d). | PUBLIC BENEFITS OR INSURANCE OR PRIVATE INSURANCE (Proceeds from) | 300.154(g). | PUBLIC CHARTER SCHOOLS (See “Charter schools”) | PUBLIC EXPENSE (Definition under IEE) | 300.502(a)(3)(ii). | PUBLIC HEARINGS (On policies) | • State eligibility | 300.165(a). | • Secretary of the Interior | 300.708(g). | PUBLIC INFORMATION (LEA) | 300.212. | PUBLIC NOTICE | • LEA and State agency compliance | 300.222(b). | • Public attention (If State has received a notice under § 300.603) | 300.606. | PURPOSES (Of this Part 300) | 300.1. | QUALIFIED PERSONNEL | 300.156. | • Related services definitions (see § 300.34(c)(2), (c)(5), (c)(6), (c)(7), (c)(9), (c)(12), (c)(13)). | RATE OF INFLATION (In the Consumer Price Index for All Urban Consumers) (see §§ 300.702(b), 300.704(a)(2)(ii), 300.704(b)(2), 300.812(b)(2)). | REALLOCATION OF LEA FUNDS (If SEA determines LEA adequately providing FAPE) (see §§ 300.705(c), 300.817)). | RECORDS (A-D) | • Access rights (Parents' right to inspect) | 300.613. | Ο Fees for records | 300.617. | Ο Records on more than one child | 300.615. | • Civil action (Court shall receive records) | 300.516(c)(1). | • Conducting IEP Team meetings without parents (Records of attempts to convince parents) | 300.322(d). | Confidentiality (See “Confidentiality”) | • Consent to release records | 300.622(b). | Disciplinary records: | Ο Determination that behavior not manifestation | 300.530(e). | Ο Disciplinary information | 300.229(c). | Ο Referral to and action by law enforcement and judicial authorities | 300.535. | RECORDS (E-Z) | • Education records (Definition) | 300.611(b). | • Of parentally-placed private school CWDs (LEA to SEA) | 300.132(c). | • Opportunity to examine records | 300.501(a). | • Procedural safeguards notice (Access to education records) | 300.504(c)(4). | • Record of access | 300.614. | • See also “Transfer during academic year” | RECREATION (Definition) | 300.34(c)(11). | REDUCTION OF FUNDS FOR FAILURE TO MAINTAIN SUPPORT | 300.163(b). | REEVALUATION | • Frequency of occurrence | 300.303(b). | • Parental consent required before conducting | 300.300(c)(1). | Ο If parent fails to consent | 300.300(c)(1)(ii). | • Parental consent not required for: | Ο Administering a test that all children take | 300.300(d)(1)(ii). | Ο Reviewing existing data | 300.300(d)(1)(i). | • Parent refusal to consent | 300.300(c)(1)(ii). | • Review of existing evaluation data | 300.305(a). | • Revision of IEP (To address reevaluation) | 300.324(b)(1)(ii). | REFERRAL (A-M) | • Discipline: | Ο Referral to and action by law enforcement and judicial authorities | 300.535. | Ο Protections for children not determined eligible | 300.534. | • Enforcement (Referral for) | 300.604(b)(2)(vi). | • Indian children (Referral for services or further diagnosis) | 300.712(d)(2). | • Medical attention (Referral for): | Ο Audiology | 300.34(c)(1)(ii). | Ο Speech-language pathology services | 300.34(c)(15)(iii). | REFERRAL (N-Z) | • Nonacademic and extracurricular services (Referral to agencies regarding assistance to individuals with disabilities) | 300.107(b). | • Prior notice (If not initial referral for evaluation) | 300.503(b)(4). | • Private school placement when FAPE is at issue (Reimbursement when no referral by public agency) | 300.148(c). | • Procedural safeguards notice (Upon initial referral for evaluation) | 300.504(a)(1). | • Referral to and action by law enforcement and judicial authorities | 300.535. | REGULAR EDUCATION TEACHER | • Access to IEP | 300.323(d). | • IEP Team member | 300.321(a)(2). | • Participate in IEP development | 300.324(a)(3). | Ο Behavioral interventions | 300.324(a)(3)(i). | Ο Supplementary aids and services | 300.324(a)(3)(ii). | REGULATIONS | • Applicable regulations (Secretary of the Interior) | 300.716. | • Applicability of this part to State, local, and private agencies | 300.2. | REHABILITATION | • Assistive technology service (see § 300.6(d), (f)) | • Rehabilitation Act of 1973 (see §§ 300.34(c)(12), 300.516(e)) | • Rehabilitation counseling services: | Ο Definition | 300.34(c)(12). | Ο In vocational rehabilitation (VR) programs | 300.34(c)(12). | • Transition services (State VR agency responsibility) | 300.324(c)(2). | REHABILITATION COUNSELING SERVICES | 300.34(c)(12). | REIMBURSEMENT | • Methods of ensuring services (see § 300.154(a)(3), (b)(1)(ii), (b)(2), (g)(2)) | • Private school placement when FAPE is at issue: | Ο Limitation on reimbursement | 300.148(d). | Ο Reimbursement for private school placement | 300.148(c). | Ο Subject to due process procedures | 300.148(b). | • Reimbursement by non-educational public agency | 300.154(b)(2). | • Reimbursement by SEA to LEA | 300.704(c)(7). | RELATED SERVICES | • Definition | 300.34. | • Observations by teachers and related services providers regarding existing evaluation data | 300.305(a)(1)(iii). | RELATION OF PART B TO OTHER FEDERAL PROGRAMS | 300.186. | RELIGIOUS SCHOOLS | • Child find for parentally-placed private school children | 300.131(a). | • Child find for out-of-State children | 300.131(f). | • Formula for LEA expenditures on | 300.133(a). | • See “Parentally-placed private school children with disabilities” | • Services plan for each child served | 300.137(c). | • Services provided on-site | 300.139(a). | REMEDIES FOR DENIAL OF APPROPRIATE SERVICES | 300.151(b). | REPORTS (A-C) | • Annual report of children served | 300.640. | Ο See also §§ 300.641 through 300.646 | • Annual report to Secretary of Interior by advisory board on Indian children | 300.715(a). | • Biennial report (Indian tribes) | 300.712(e). | • Child count (Annual report of children served) | 300.641. | REPORTS (D-Z) | • Evaluation reports to parents | 300.306(a)(2). | • Monitoring compliance of publicly placed children in private schools ( | 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. |