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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of February 4, 2010
TITLE 34--Education
Subtitle B--REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
Subpart A--GENERAL
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| Applicability of this part to State and local agencies. |
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| Assistive technology device. |
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| Assistive technology service. |
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| Day; business day; school day. |
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| Educational service agency. |
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| Free appropriate public education. |
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| Highly qualified special education teachers. |
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| Individualized education program. |
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| Individualized education program team. |
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| Individualized family service plan. |
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| Infant or toddler with a disability. |
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| Institution of higher education. |
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| Limited English proficient. |
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| Local educational agency. |
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| Parent training and information center. |
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| Scientifically based research. |
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| State educational agency. |
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| Supplementary aids and services. |
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Subpart B--STATE ELIGIBILITY
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| Eligibility for assistance. |
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| Free appropriate public education (FAPE). |
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| Limitation--exception to FAPE for certain ages. |
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| FAPE--methods and payments. |
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| Extended school year services. |
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| Full educational opportunity goal (FEOG). |
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| Individualized education programs (IEP). |
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| Routine checking of hearing aids and external components of surgically implanted medical devices. |
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| Continuum of alternative placements. |
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| Children in public or private institutions. |
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| Technical assistance and training activities. |
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| Confidentiality of personally identifiable information. |
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| Transition of children from the Part C program to preschool programs. |
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| State responsibility regarding children in private schools. |
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| Definition of parentally-placed private school children with disabilities. |
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| Child find for parentally-placed private school children with disabilities. |
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| Provision of services for parentally-placed private school children with disabilities--basic requirement. |
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| Equitable services determined. |
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| Equitable services provided. |
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| Location of services and transportation. |
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| Due process complaints and State complaints. |
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| Requirement that funds not benefit a private school. |
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| Separate classes prohibited. |
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| Property, equipment, and supplies. |
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| Applicability of 300.146 through 300.147. |
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| Placement of children by parents when FAPE is at issue. |
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| SEA responsibility for general supervision. |
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| SEA implementation of procedural safeguards. |
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| Adoption of State complaint procedures. |
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| Minimum State complaint procedures. |
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| Methods of ensuring services. |
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| Hearings relating to LEA eligibility. |
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| Personnel qualifications. |
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| Performance goals and indicators. |
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| Participation in assessments. |
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| Supplementation of State, local, and other Federal funds. |
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| Maintenance of State financial support. |
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| Waiver of requirement regarding supplementing and not supplanting with Part B funds. |
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| Suspension and expulsion rates. |
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| Annual description of use of Part B funds. |
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| Access to instructional materials. |
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| Overidentification and disproportionality. |
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| Prohibition on mandatory medication. |
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| SEA as provider of FAPE or direct services. |
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| Exception for prior State plans. |
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| States' sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities. |
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| Determination by the Secretary that a State is eligible to receive a grant. |
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| Notice and hearing before determining that a State is not eligible to receive a grant. |
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| Hearing official or panel. |
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| Initial decision; final decision. |
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| Assistance under other Federal programs. |
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| Provisions for services under a by-pass. |
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| Notice of intent to implement a by-pass. |
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| Continuation of a by-pass. |
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Subpart C--LOCAL EDUCATIONAL AGENCY ELIGIBILITY
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| Consistency with State policies. |
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| Exception to maintenance of effort. |
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| Adjustment to local fiscal efforts in certain fiscal years. |
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| Schoolwide programs under title I of the ESEA. |
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| Treatment of charter schools and their students. |
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| Purchase of instructional materials. |
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| Records regarding migratory children with disabilities. |
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| Exception for prior local plans. |
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| Notification of LEA or State agency in case of ineligibility. |
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| LEA and State agency compliance. |
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| Joint establishment of eligibility. |
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| Requirements for establishing eligibility. |
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| Early intervening services. |
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| Direct services by the SEA. |
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| State agency eligibility. |
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| Disciplinary information. |
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Subpart D--EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS
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| Screening for instructional purposes is not evaluation. |
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| Additional requirements for evaluations and reevaluations. |
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| Determination of eligibility. |
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| Specific learning disabilities. |
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| Additional group members. |
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| Determining the existence of a specific learning disability. |
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| Specific documentation for the eligibility determination. |
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| Definition of individualized education program. |
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| When IEPs must be in effect. |
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| Development, review, and revision of IEP. |
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| Private school placements by public agencies. |
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| Alternative means of meeting participation. |
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Subpart E--PROCEDURAL SAFEGUARDS DUE PROCESS PROCEDURES FOR PARENTS AND CHILDREN
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| Responsibility of SEA and other public agencies. |
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| Opportunity to examine records; parent participation in meetings. |
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| Independent educational evaluation. |
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| Prior notice by the public agency; content of notice. |
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| Procedural safeguards notice. |
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| Filing a due process complaint. |
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| Impartial due process hearing. |
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| Finality of decision; appeal; impartial review. |
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| Timelines and convenience of hearings and reviews. |
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| Child's status during proceedings. |
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| Transfer of parental rights at age of majority. |
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| Authority of school personnel. |
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| Determination of setting. |
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| Placement during appeals. |
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| Protections for children not determined eligible for special education and related services. |
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| Referral to and action by law enforcement and judicial authorities. |
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| Change of placement because of disciplinary removals. |
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| State enforcement mechanisms. |
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Subpart F--MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION
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| State monitoring and enforcement. |
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| State performance plans and data collection. |
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| State use of targets and reporting. |
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| Secretary's review and determination regarding State performance. |
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| Divided State agency responsibility. |
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| Records on more than one child. |
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| List of types and locations of information. |
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| Amendment of records at parent's request. |
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| Opportunity for a hearing. |
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| Destruction of information. |
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| Department use of personally identifiable information. |
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| Annual report of children served--report requirement. |
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| Annual report of children served--information required in the report. |
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| Annual report of children served--certification. |
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| Annual report of children served--criteria for counting children. |
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| Annual report of children served--other responsibilities of the SEA. |
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Subpart G--AUTHORIZATION, ALLOTMENT, USE OF FUNDS, AND AUTHORIZATION OF APPROPRIATIONS
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| Outlying areas, freely associated States, and the Secretary of the Interior. |
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| Use of amounts by Secretary of the Interior. |
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| Submission of information. |
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| Use of funds under Part B of the Act. |
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| Early intervening services. |
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| Payments for education and services for Indian children with disabilities aged three through five. |
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| Plan for coordination of services. |
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| Establishment of advisory board. |
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| Definitions applicable to allotments, grants, and use of funds. |
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| Acquisition of equipment and construction or alteration of facilities. |
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Subpart H--PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES
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| Eligibility for financial assistance. |
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| Reservation for State activities. |
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| Other State-level activities. |
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| Reallocation of LEA funds. |
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| Part C of the Act inapplicable. |
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