20 U.S.C. 1411-1420, unless otherwise noted.
57 FR 44798, Sept. 29, 1992, unless otherwise noted.
The purpose of this part is—
(a) To ensure that all children with disabilities have available to them a free appropriate public education that includes special education and related services to meet their unique needs;
(b) To ensure that the rights of children with disabilities and their parents are protected;
(c) To assist States and localities to provide for the education of all children with disabilities; and
(d) To assess and ensure the effectiveness of efforts to educate those children.
(a)
(b)
(1) The State educational agency;
(2) Local educational agencies and intermediate educational units;
(3) Other State agencies and schools (such as Departments of Mental Health and Welfare and State schools for students with deafness or students with blindness); and
(4) State correctional facilities.
(c)
The requirements of this part are binding on each public agency that has direct or delegated authority to provide special education and related services in a State that receives funds under Part B of the Act, regardless of whether that agency is receiving funds under Part B.
The following regulations apply to this program:
(a) 34 CFR part 76 (State-Administered Programs) except for §§ 76.780-76.782.
(b) 34 CFR part 77 (Definitions).
(c) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities).
(d) 34 CFR part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments).
(e) 34 CFR part 81 (General Education Provisions Act— Enforcement).
(f) 34 CFR part 82 (New Restrictions on Lobbying).
(g) 34 CFR part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)).
(h) 34 CFR part 86 (Drug-Free Schools and Campuses).
(i) The regulations in this part—34 CFR part 300 (Assistance to States for Education of Children with Disabilities).
1: Definitions of terms that are used throughout these regulations are included in
2: Below are abbreviations for selected terms that are used throughout these regulations:
As appropriate, each abbreviation is used interchangeably with its nonabbreviated term.
As used in this part, “Act” means the Individuals with Disabilities Education Act, formerly the Education of the Handicapped Act.
As used in this part, “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of children with disabilities.
As used in this part, “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes —
(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;
(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;
(c) Selecting, designing, fitting, customizing, adapting, applying, retaining, repairing, or replacing assistive technology devices;
(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(e) Training or technical assistance for a child with a disability or, if appropriate, that child's family; and
(f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of children with disabilities.
The definitions of “assistive technology device” and “assistive technology service” used in this part are taken directly from section 602(a)(25)-(26) of the Act, but in accordance with Part B, the statutory reference to “individual with a disability” has been replaced with “child with a disability.” The Act's definitions of “assistive technology device” and “assistive technology service” incorporate verbatim the definitions of these terms used in the Technology-
(a)(1) As used in this part, the term “children with disabilities” means those children evaluated in accordance with §§ 300.530-300.534 as having mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning disabilities, deaf-blindness, or multiple disabilities, and who because of those impairments need special education and related services.
(2) The term “children with disabilities” for children aged 3 through 5 may, at a State's discretion, include children—
(i) Who are experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and
(ii) Who, for that reason, need special education and related services.
(b) The terms used in this definition are defined as follows:
(1) “Autism” means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age 3, that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term does not apply if a child's educational performance is adversely affected primarily because the child has a serious emotional disturbance, as defined in paragraph (b)(9) of this section.
(2) “Deaf-blindness” means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.
(3) “Deafness” means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.
(4) “Hearing impairment” means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of deafness in this section.
(5) “Mental retardation” means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a child's educational performance.
(6) “Multiple disabilities” means concomitant impairments (such as mental retardation-blindness, mental retardation-orthopedic impairment, etc.), the combination of which causes such severe educational problems that they cannot be accommodated in special education programs solely for one of the impairments. The term does not include deaf-blindness.
(7) “Orthopedic impairment” means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by congenital anomaly (e.g., clubfoot, absence of some member, etc.), impairments caused by disease (e.g., poliomyelitis, bone tuberculosis, etc.), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).
(8) “Other health impairment” means having limited strength, vitality or alertness, due to chronic or acute health problems such as a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, or diabetes that adversely affects a child's educational performance.
(9) “Serious emotional disturbance” is defined as follows:
(i) The term means a condition exhibiting one or more of the following
(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors;
(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
(C) Inappropriate types of behavior or feelings under normal circumstances;
(D) A general pervasive mood of unhappiness or depression; or
(E) A tendency to develop physical symptoms or fears associated with personal or school problems.
(ii) The term includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have a serious emotional disturbance.
(10) “Specific learning disability” means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not apply to children who have learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.
(11) “Speech or language impairment” means a communication disorder such as stuttering, impaired articulation, a language impairment, or a voice impairment that adversely affects a child's educational performance.
(12) “Traumatic brain injury” means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.
(13) “Visual impairment including blindness” means an impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness.
If a child manifests characteristics of the disability category “autism” after age 3, that child still could be diagnosed as having “autism” if the criteria in paragraph (b)(1) of this section are satisfied.
As used in this part, the term “free appropriate public education” means special education and related services that—
(a) Are provided at public expense, under public supervision and direction, and without charge;
(b) Meet the standards of the SEA, including the requirements of this part;
(c) Include preschool, elementary school, or secondary school education in the State involved; and
(d) Are provided in conformity with an IEP that meets the requirements of §§ 300.340-300.350.
As used in this part, the term “include” means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.
As used in this part, the term “intermediate educational unit” means any public authority, other than an LEA, that—
(a) Is under the general supervision of an SEA;
(b) Is established by State law for the purpose of providing free public education on a regional basis; and
(c) Provides special education and related services to children with disabilities within that State.
(a) [Reserved]
(b) For the purposes of this part, the term “local educational agency” also includes intermediate educational units.
As used in this part, the term “native language” has the meaning given that term by section 703(a)(2) of the Bilingual Education Act, which provides as follows:
The term “native language,” when used with reference to an individual of limited English proficiency, means the language normally used by that individual, or in the case of a child, the language normally used by the parents of the child.
Section 602(a)(22) of the Act states that the term “native language” has the same meaning as the definition from section 703(a)(2) of the Bilingual Education Act. (The term is used in the prior notice and evaluation sections under § 300.505(b)(2) and § 300.532(a)(1).) In using the term, the Act does not prevent the following means of communication:
(1) In all direct contact with a child (including evaluation of the child), communication would be in the language normally used by the child and not that of the parents, if there is a difference between the two.
(2) For individuals with deafness or blindness, or for individuals with no written language, the mode of communication would be that normally used by the individual (such as sign language, braille, or oral communication).
As used in this part, the term “parent” means a parent, a guardian, a person acting as a parent of a child, or a surrogate parent who has been appointed in accordance with § 300.514. The term does not include the State if the child is a ward of the State.
The term “parent” is defined to include persons acting in the place of a parent, such as a grandmother or stepparent with whom a child lives, as well as persons who are legally responsible for a child's welfare.
As used in this part, the term “public agency” includes the SEA, LEAs, IEUs, and any other political subdivisions of the State that are responsible for providing education to children with disabilities.
As used in this part, the term “qualified” means that a person has met SEA approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which he or she is providing special education or related services.
(a) As used in this part, the term “related services” means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech pathology and audiology, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, and medical services for diagnostic or evaluation purposes. The term also includes school health services, social work services in schools, and parent counseling and training.
(b) The terms used in this definition are defined as follows:
(1) “Audiology” includes—
(i) Identification of children with hearing loss;
(ii) Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;
(iii) Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation;
(iv) Creation and administration of programs for prevention of hearing loss;
(v) Counseling and guidance of pupils, parents, and teachers regarding hearing loss; and
(vi) Determination of the child's need for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.
(2) “Counseling services” means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.
(3) “Early identification and assessment of disabilities in children” means the implementation of a formal plan for identifying a disability as early as possible in a child's life.
(4) “Medical services” means services provided by a licensed physician to determine a child's medically related disability that results in the child's need for special education and related services.
(5) “Occupational therapy” includes—
(i) Improving, developing or restoring functions impaired or lost through illness, injury, or deprivation;
(ii) Improving ability to perform tasks for independent functioning when functions are impaired or lost; and
(iii) Preventing, through early intervention, initial or further impairment or loss of function.
(6) “Parent counseling and training” means assisting parents in understanding the special needs of their child and providing parents with information about child development.
(7) “Physical therapy” means services provided by a qualified physical therapist.
(8) “Psychological services” includes—
(i) Administering psychological and educational tests, and other assessment procedures;
(ii) Interpreting assessment results;
(iii) Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning.
(iv) Consulting with other staff members in planning school programs to meet the special needs of children as indicated by psychological tests, interviews, and behavioral evaluations; and
(v) Planning and managing a program of psychological services, including psychological counseling for children and parents.
(9) “Recreation” includes—
(i) Assessment of leisure function;
(ii) Therapeutic recreation services;
(iii) Recreation programs in schools and community agencies; and
(iv) Leisure education.
(10) “Rehabilitation counseling services” means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to students with disabilities by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended.
(11) “School health services” means services provided by a qualified school nurse or other qualified person.
(12) “Social work services in schools” includes—
(i) Preparing a social or developmental history on a child with a disability;
(ii) Group and individual counseling with the child and family;
(iii) Working with those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school; and
(iv) Mobilizing school and community resources to enable the child to learn as effectively as possible in his or her educational program.
(13) “Speech pathology” includes—
(i) Identification of children with speech or language impairments;
(ii) Diagnosis and appraisal of specific speech or language impairments;
(iii) Referral for medical or other professional attention necessary for the habilitation of speech or language impairments;
(iv) Provision of speech and language services for the habilitation or prevention of communicative impairments; and
(v) Counseling and guidance of parents, children, and teachers regarding speech and language impairments.
(14) “Transportation” includes—
(i) Travel to and from school and between schools;
(ii) Travel in and around school buildings; and
(iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.
With respect to related services, the Senate Report states:
The Committee bill provides a definition of related services, making clear that all such related services may not be required for each individual child and that such term includes early identification and assessment of handicapping conditions and the provision of services to minimize the effects of such conditions.
The list of related services is not exhaustive and may include other developmental, corrective, or supportive services (such as artistic and cultural programs, and art, music, and dance therapy), if they are required to assist a child with a disability to benefit from special education.
There are certain kinds of services that might be provided by persons from varying professional backgrounds and with a variety of operational titles, depending upon requirements in individual States. For example, counseling services might be provided by social workers, psychologists, or guidance counselors, and psychological testing might be done by qualified psychological examiners, psychometrists, or psychologists, depending upon State standards.
Each related service defined under this part may include appropriate administrative and supervisory activities that are necessary for program planning, management, and evaluation.
(a)(1) As used in this part, the term “special education” means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including—
(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(ii) Instruction in physical education.
(2) The term includes speech pathology, or any other related service, if the service consists of specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, and is considered special education rather than a related service under State standards.
(3) The term also includes vocational education if it consists of specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability.
(b) The terms in this definition are defined as follows:
(1) “At no cost” means that all specially designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.
(2) “Physical education” is defined as follows:
(i) The term means the development of—
(A) Physical and motor fitness;
(B) Fundamental motor skills and patterns; and
(C) Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports).
(ii) The term includes special physical education, adaptive physical education, movement education, and motor development.
(3)
1: The definition of special education is a particularly important one under these regulations, since a child does not have a disability under this part unless he or she needs special education. (See the definition of children with disabilities in § 300.7.) The definition of related services (§ 300.16) also depends on this definition, since a related service must be necessary for a child to benefit from special education. Therefore, if a child does not need special education, there can be no related services, and the child is not a child
2: The above definition of vocational education is taken from the Vocational Education Act of 1963, as amended by Public Law 94-482. Under that Act, “vocational education” includes industrial arts and consumer and homemaking education programs.
(a) As used in this part, “transition services” means a coordinated set of activities for a student, designed within an outcome-oriented process, that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation.
(b) The coordinated set of activities described in paragraph (a) of this section must—
(1) Be based on the individual student's needs, taking into account the student's preferences and interests; and
(2) Include—
(i) Instruction;
(ii) Community experiences;
(iii) The development of employment and other post-school adult living objectives; and
(iv) If appropriate, acquisition of daily living skills and functional vocational evaluation.
Transition services for students with disabilities may be special education, if they are provided as specially designed instruction, or related services, if they are required to assist a student with a disability to benefit from special education. The list of activities in paragraph (b) is not intended to be exhaustive.
In order to receive funds under part B of the Act for any fiscal year, a State must submit a State plan to the Secretary through its SEA, which plan shall be effective for a period of 3 fiscal years.
Each State plan must contain the provisions required in §§ 300.121-300.154.
(a) Each State plan must include information that shows that the State has in effect a policy that ensures that all children with disabilities have the right to FAPE within the age ranges and timelines under § 300.122.
(b) The information must include a copy of each State statute, court order, State Attorney General opinion, and other State documents that show the source of the policy.
(c) The information must show that the policy—
(1) Applies to all public agencies in the State;
(2) Applies to all children with disabilities;
(3) Implements the priorities established under §§ 300.320-300.324; and
(4) Establishes timelines for implementing the policy, in accordance with § 300.122.
(a)
(b)
(c)
(d)
(1) Describe in detail the extent that the exception in paragraph (c) of this section applies to the State; and
(2) Include a copy of each State law, court order, and other documents that provide a basis for the exception.
Each State plan must include in detail the policies and procedures that the State will undertake, or has undertaken, in order to ensure that the State has a goal of providing full educational opportunity to all children with disabilities aged birth through 21.
Each State plan must contain a detailed timetable for accomplishing the goal of providing full educational opportunity for all children with disabilities.
Each State plan must include a description of the kind and number of facilities, personnel, and services necessary throughout the State to meet the goal of providing full educational opportunity for all children with disabilities.
Each State plan must include information that shows that —
(a) The State has established priorities that meet the requirements of §§ 300.320-300.324;
(b) The State priorities meet the timelines under § 300.122; and
(c) The State has made progress in meeting those timelines.
(a)
(1) All children with disabilities, regardless of the severity of their disability, and who are in need of special education and related services are identified, located, and evaluated; and
(2) A practical method is developed and implemented to determine which children are currently receiving needed special education and related services and which children are not currently receiving needed special education and related services.
(b)
(1) Designate the State agency (if other than the SEA) responsible for coordinating the planning and implementation of the policies and procedures under paragraph (a) of this section.
(2) Name each agency that participates in the planning and implementation and describe the nature and extent of its participation.
(3) Describe the extent that—
(i) The activities described in paragraph (a) of this section have been achieved under the current State plan; and
(ii) The resources named for these activities in that plan have been used.
(4) Describe each type of activity to be carried out during the next school year, including the role of the agency named under paragraph (b)(1) of this section, timelines for completing those activities, resources that will be used, and expected outcomes.
(5) Describe how the policies and procedures under paragraph (a) of this section will be monitored to ensure that the SEA obtains—
(i) The number of children with disabilities within each disability category that have been identified, located, and evaluated; and
(ii) Information adequate to evaluate the effectiveness of those policies and procedures.
(6) Describe the method the State uses to determine which children are currently receiving special education and related services and which children are not receiving special education and related services.
1: The State is responsible for ensuring that all children with disabilities are identified, located, and evaluated, including children in all public and private agencies and institutions in the State. Collection and use of data are subject to the confidentiality requirements of §§ 300.560-300.576.
2: Under both Parts B and H of the Act, States are responsible for identifying, locating, and evaluating infants and toddlers from birth through 2 years of age who have disabilities or who are suspected of having disabilities. In States where the SEA and the State's lead agency for the Part H program are different and the Part H lead agency will be participating in the child find activities described in paragraph (a) of this section, the nature and extent of the Part H lead agency's participation must, under paragraph (b)(2) of this section, be included in the State plan. With the SEA's agreement, the Part H lead agency's participation may include the actual implementation of child find activities for infants and toddlers. The use of an interagency agreement or other mechanism for providing for the Part H lead agency's participation would not alter or diminish the responsibility of the SEA to ensure compliance with all child find requirements, including the requirement in paragraph (a)(1) of this section that all children with disabilities who are in need of special education and related services are evaluated.
(a) Each State plan must include in detail the policies and procedures that
(b) The Secretary shall use the criteria in §§ 300.560-300.576 to evaluate the policies and procedures of the State under paragraph (a) of this section.
The confidentiality regulations were published in the
(a) Each State plan must include information that shows that each public agency in the State maintains records of the IEP for each child with disabilities, and each public agency establishes, reviews, and revises each program as provided in §§ 300.340-300.350.
(b) Each State plan must include—
(1) A copy of each State statute, policy, and standard that regulates the manner in which IEPs are developed, implemented, reviewed, and revised; and
(2) The procedures that the SEA follows in monitoring and evaluating those programs.
Each State plan must include procedural safeguards that ensure that the requirements of §§ 300.500-300.514 are met.
(a) Each State plan must include procedures that ensure that the requirements of §§ 300.550-300.556 are met.
(b) Each State plan must include the following information:
(1) The number of children with disabilities in the State, within each disability category, who are participating in regular education programs, consistent with §§ 300.550-300.556.
(2) The number of children with disabilities who are in separate classes or separate school facilities, or who are otherwise removed from the regular education environment.
Each State plan must include procedures that ensure that the requirements of §§ 300.530-300.534 are met.
(a) Each State plan must include information that shows that the requirements of § 300.600 are met.
(b) The information under paragraph (a) of this section must include a copy of each State statute, State regulation, signed agreement between respective
Each State plan must describe the procedures the SEA follows to inform each public agency of its responsibility for ensuring effective implementation of procedural safeguards for the children with disabilities served by that public agency.
Each State plan must include an assurance that in carrying out the requirements of section 612 of the Act, procedures are established for consultation with individuals involved in or concerned with the education of children with disabilities, including individuals with disabilities and parents of children with disabilities.
Each State plan must provide that programs and procedures are established to ensure that funds received by the State or any public agency in the State under any other Federal program, including subpart 2 of part D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965, under which there is specific authority for assistance for the education of children with disabilities, are used by the State, or any public agency in the State, only in a manner consistent with the goal of providing FAPE for all children with disabilities, except that nothing in this section limits the specific requirements of the laws governing those Federal programs.
Each State plan must include the procedures required under §§ 300.380-300.383.
Each State plan must include policies and procedures that ensure that the requirements of §§ 300.400-300.403 and §§ 300.450-300.452 are met.
Each State plan must include policies and procedures that ensure that the State seeks to recover any funds provided under part B of the Act for services to a child who is determined to be erroneously classified as eligible to be counted under section 611(a) or (d) of the Act.
Each State plan must include procedures to ensure that the SEA does not take any final action with respect to an application submitted by an LEA
Each State plan must provide assurance satisfactory to the Secretary that funds provided under part B of the Act are not commingled with State funds.
This assurance is satisfied by the use of a separate accounting system that includes an audit trail of the expenditure of the part B funds. Separate bank accounts are not required. (See 34 CFR 76.702 (Fiscal control and fund accounting procedures).)
Each State plan must include procedures for evaluation at least annually of the effectiveness of programs in meeting the educational needs of children with disabilities, including evaluation of IEPs.
Each State plan must provide that the requirements of §§ 300.650-300.653 are met.
Each State plan must set forth policies and procedures designed to ensure that funds paid to the State under part B of the Act are spent in accordance with the provisions of part B, with particular attention given to sections 611(b), 611(c), 611(d), 612(2), and 612(3) of the Act.
(a)
(1) A list of administrative positions, and a description of duties for each person whose salary is paid in whole or in part with those funds.
(2) For each position, the percentage of salary paid with those funds.
(3) A description of each administrative activity the SEA will carry out during the next school year with those funds.
(4) A description of each direct service and each support service that the SEA will provide during the next period covered by the State plan with those funds, and the activities the State advisory panel will undertake during that period with those funds.
(b)
(1) An estimate of the number and percent of LEAs in the State that will receive an allocation under this part (other than LEAs that submit a consolidated application);
(2) An estimate of the number of LEAs that will receive an allocation under a consolidated application;
(3) An estimate of the number of consolidated applications and the average number of LEAs per application; and
(4) A description of direct services that the SEA will provide under § 300.360.
Each State plan must provide assurance satisfactory to the Secretary that funds provided under this part will be
This requirement is distinct from the LEA nonsupplanting provision already contained in these regulations at § 300.230. Under this State-level provision, the State must assure that part B funds distributed to LEAs and IEUs will be used to supplement and not supplant other Federal, State, and local funds (including funds not under the control of educational agencies) that would have been expended for special education and related services provided to children with disabilities in the absence of the part B funds. The portion of part B funds that are not distributed to LEAs or IEUs under the statutory formula (20 U.S.C. 1411(d)) are not subject to this nonsupplanting provision. See 20 U.S.C. 1411(c)(3). States may not permit LEAs or IEUs to use part B funds to satisfy a financial commitment for services that would have been paid for by a health or other agency pursuant to policy or practice but for the fact that these services are now included in the IEPs of children with disabilities.
If an SEA provides FAPE for children with disabilities or provides them with direct services, its State plan must include the information required under §§ 300.226, 300.227, 300.231, and 300.235.
(a) Each State plan must set forth policies and procedures for developing and implementing interagency agreements between—
(1) The SEA; and
(2) All other State and local agencies that provide or pay for services required under this part for children with disabilities.
(b) The policies and procedures referred to in paragraph (a) of this section must—
(1) Describe the role that each of those agencies plays in providing or paying for services required under this part for children with disabilities; and
(2) Provide for the development and implementation of interagency agreements that—
(i) Define the financial responsibility of each agency for providing children with disabilities with FAPE;
(ii) Establish procedures for resolving interagency disputes among agencies that are parties to the agreements; and
(iii) Establish procedures under which LEAs may initiate proceedings in order to secure reimbursement from agencies that are parties to the agreements or otherwise implement the provisions of the agreements.
(a) As used in this part:
(1)
(i) Are based on the highest requirements in the State applicable to the profession or discipline in which a person is providing special education or related services; and
(ii) Establish suitable qualifications for personnel providing special education and related services under this part to children and youth with disabilities who are served by State, local, and private agencies (see § 300.2).
(2)
(3)
(i) Provides special education and related services to children with disabilities under this part;
(ii) Has been established or designated by the State; and
(iii) Has a required scope of responsibility and degree of supervision.
(4)
(b)(1) Each State plan must include policies and procedures relating to the establishment and maintenance of standards to ensure that personnel necessary to carry out the purposes of this part are appropriately and adequately prepared and trained.
(2) The policies and procedures required in paragraph (b)(1) of this section must provide for the establishment and maintenance of standards that are consistent with any State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the profession or discipline in which a person is providing special education or related services.
(c) To the extent that a State's standards for a profession or discipline, including standards for temporary or emergency certification, are not based on the highest requirements in the State applicable to a specific profession or discipline, the State plan must include the steps the State is taking and the procedures for notifying public agencies and personnel of those steps and the timelines it has established for the retraining or hiring of personnel to meet appropriate professional requirements in the State.
(d)(1) In meeting the requirements in paragraphs (b) and (c) of this section, a determination must be made about the status of personnel standards in the State. That determination must be based on current information that accurately describes, for each profession or discipline in which personnel are providing special education or related services, whether the applicable standards are consistent with the highest requirements in the State for that profession or discipline.
(2) The information required in paragraph (d)(1) of this section must be on file in the SEA, and available to the public.
(e) In identifying the highest requirements in the State for purposes of this section, the requirements of all State statutes and the rules of all State agencies applicable to serving children and youth with disabilities must be considered.
The regulations require that the State use its own existing highest requirements to determine the standards appropriate to personnel who provide special education and related services under this part. The regulations do not require States to set any specified training standard, such as a master's degree, for employment of personnel who provide services under this part. In some instances, States will be required to show that they are taking steps to retrain or to hire personnel to meet the standards adopted by the SEA that are based on requirements for practice in a specific profession or discipline that were established by other State agencies. States in this position need not, however, require personnel providing services under this part to apply for and obtain the license, registration, or other comparable credential required by other agencies of individuals in that profession or discipline. The regulations permit each State to determine the specific occupational categories required to provide special education and related services and to revise or expand these categories as needed. The professions or disciplines defined by the State need not be limited to traditional occupational categories.
Each State plan must set forth policies and procedures relating to the smooth transition for those individuals participating in the early intervention program under part H of the Act who will participate in preschool programs assisted under this part, including a method of ensuring that when a child turns age 3 an IEP, or, if consistent with sections 614(a)(5) and 677(d) of the Act, an individualized family service
In order to receive payments under part B of the Act for any fiscal year, an LEA must submit an application to the SEA.
An LEA may only use funds under part B of the Act for the excess costs of providing special education and related services for children with disabilities.
(a) An LEA meets the excess cost requirement if it has on the average spent at least the amount determined under § 300.184 for the education of each of its children with disabilities. This amount may not include capital outlay or debt service.
The minimum amount that must be spent for the education of children with disabilities is computed under a statutory formula. Section 300.184 implements this formula and gives a step-by-step method to determine the minimum amount. Excess costs are those costs of special education and related services that exceed the minimum amount. Therefore, if an LEA can show that it has (on the average) spent the minimum amount for the education of each of its children with disabilities, it has met the excess cost requirement, and all additional costs are excess costs. Part B funds can then be used to pay for these additional costs, subject to the other requirements of part B (priorities, etc.). In the Note under § 300.184, there is an example of how the minimum amount is computed.
The minimum average amount that an LEA must spend under § 300.183 for the education of each of its children with disabilities is computed as follows:
(a) Add all expenditures of the LEA in the preceding school year, except capital outlay and debt service—
(1) For elementary school students, if the child with a disability is an elementary school student; or
(2) For secondary school students, if the child with a disability is a secondary school student.
(b) From this amount, subtract the total of the following amounts spent for elementary school students or for secondary school students, as the case may be—
(1) Amounts the agency spent in the preceding school year from funds awarded under part B of the Act and titles I and VII of the Elementary and Secondary Education Act of 1965; and
(2) Amounts from State and local funds that the agency spent in the preceding school year for—
(i) Programs for children with disabilities;
(ii) Programs to meet the special educational needs of educationally deprived children; and
(iii) Programs of bilingual education for limited English proficient children.
(c) Divide the result under paragraph (b) of this section by the average number of students enrolled in the agency in the preceding school year—
(1) In its elementary schools, if the child with a disability is an elementary school student; or
(2) In its secondary schools, if the child with a disability is a secondary school student.
The following is an example of how an LEA might compute the average minimum amount it must spend for the education of each of its children with disabilities, under § 300.183. This example follows the formula in § 300.184. Under the statute
a. First, the LEA must determine its total amount of 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 service are excluded.
An LEA spent the following amounts last year for elementary school students (including its elementary school students with disabilities):
b. Next, the LEA must subtract amounts spent for:
(1) Programs for children with disabilities;
(2) Programs to meet the special educational needs of educationally deprived children; and
(3) Programs of bilingual education for limited English proficient children.
These are funds that the LEA actually spent, not funds received last year but carried over for the current school year.
The LEA spent the following amounts for elementary school students last year:
(An LEA would also include any other funds it spent from Federal, State, or local sources for the three basic purposes: Children with disabilities, educationally deprived children, and bilingual education for limited English proficient children.)
This amount is subtracted from the LEA's total expenditure for elementary school students computed above:
c. The LEA next must divide by the average number of students enrolled in the elementary schools of the agency last year (including its students with disabilities).
Last year, an average of 7,000 students were enrolled in the agency's elementary schools. This must be divided into the amount computed under the above paragraph: $8,400,000/7,000 students = $1,200/student.
This figure is in the minimum amount the LEA must spend (on the average) for the education of each of its students with disabilities. Funds under part B may be used only for costs over and above this minimum. In this example, if the LEA has 100 elementary school students with disabilities, it must keep records adequate to show that it has spent at least $120,000 for the education of those students (100 students times $1,200/student), not including capital outlay and debt service.
This $120,000 may come from any funds except funds under part B, subject to any legal requirements that govern the use of those other funds.
If the LEA has secondary school students with disabilities, it must do the same computation for them. However the amounts used in the computation would be those the LEA spent last year for the education of secondary school students, rather than for elementary school students.
The minimum average amount under § 300.183, if two or more LEAs submit a consolidated application, is the average of the combined minimum average amounts determined under § 300.184 in those agencies for elementary or secondary school students, as the case may be.
(a) The excess cost requirement prevents an LEA from using funds provided under part B of the Act to pay for all of the costs directly attributable to the education of a child with a disability, subject to paragraph (b) of this section.
(b) The excess cost requirement does not prevent an LEA from using part B funds to pay for all of the costs directly attributable to the education of a child with a disability in any of the age ranges three, four, five, eighteen, nineteen, twenty, or twenty-one, if no local or State funds are available for nondisabled children in that age range. However, the LEA must comply with the nonsupplanting and other requirements of this part in providing the education and services.
(a) [Reserved]
(b)
(1) The agency's entitlement is less than the $7,500 minimum required by section 611(c)(4)(A)(i) of the Act (§ 300.360(a)(1)); or
(2) The agency is unable to establish and maintain programs of sufficient size and scope to effectively meet the educational needs of children with disabilities.
(c)
(a) The SEA shall issue regulations with respect to consolidated applications submitted under this part.
(b) The SEA's regulations must—
(1) Be consistent with sections 612(1)-(7) and 613(a) of the Act; and
(2) Provide participating LEAs with joint responsibilities for implementing programs receiving payments under this part.
(c) If an IEU is required by State law to carry out this part, the joint responsibilities given to LEAs under paragraph (b)(2) of this section do not apply to the administration and disbursement of any payments received by the IEU. Those administrative responsibilities must be carried out exclusively by the IEU.
(a)-(b) [Reserved]
(c) In carrying out its functions under this section, each SEA shall consider any decision resulting from a hearing under §§ 300.506-300.513 that is adverse to the LEA involved in the decision.
(a) If an SEA, after giving reasonable notice and an opportunity for a hearing to an LEA, decides that the LEA in the administration of an application approved by the SEA has failed to comply with any requirement in the application, the SEA, after giving notice to the LEA, shall—
(1) Make no further payments to the LEA until the SEA is satisfied that there is no longer any failure to comply with the requirement; or
(2) Consider its decision in its review of any application made by the LEA under § 300.180; or
(3) Both.
(b) [Reserved]
Each application must include procedures that ensure that all children residing within the jurisdiction of the LEA who have disabilities, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated, including a practical method for determining which children are currently receiving needed special education and related services and which children are not currently receiving needed special education and related services.
The LEA is responsible for ensuring that all children with disabilities within its jurisdiction are identified, located, and evaluated, including children in all public and private agencies and institutions within that jurisdiction. Collection and use of data are subject to the confidentiality requirements of §§ 300.560-300.576.
Each application must include policies and procedures that ensure that the criteria in §§ 300.560-300.574 are met.
Each application must—
(a) Include a goal of providing full educational opportunity to all children with disabilities, aged birth through 21; and
(b) Include a detailed timetable for accomplishing the goal.
Each application must provide a description of the kind and number of facilities, personnel, and services necessary to meet the goal in § 300.222.
Each application must include procedures for the implementation and use of the comprehensive system of personnel development established by the SEA under § 300.139.
Each application must include priorities that meet the requirements of §§ 300.320-300.324.
Each application must include procedures to ensure that, in meeting the goal under § 300.222, the LEA makes provision for participation of and consultation with parents or guardians of children with disabilities.
(a) Each application must include procedures to ensure that to the maximum extent practicable, and consistent with §§ 300.550-300.553, the LEA provides special services to enable children with disabilities to participate in regular educational programs.
(b) Each application must describe—
(1) The types of alternative placements that are available for children with disabilities; and
(2) The number of children with disabilities within each disability category who are served in each type of placement.
Each application must provide assurance satisfactory to the SEA that the LEA uses funds provided under part B of the Act only for costs that exceed the amount computed under § 300.184 and that are directly attributable to the education of children with disabilities.
(a) Each application must provide assurance satisfactory to the SEA that the LEA uses funds provided under part B of the Act to supplement and, to the extent practicable, increase the level of State and local funds expended for the education of children with disabilities, and in no case to supplant those State and local funds.
(b) To meet the requirement in paragraph (a) of this section, the total amount or average per capita amount of State and local school funds budgeted by the LEA for expenditures in the current fiscal year for the education of children with disabilities must be at least equal to the total amount or average per capita amount of State and local school funds actually expended for the education of children with disabilities in the most recent preceding fiscal year for which the information is available. Allowance may be made for—
(1) Decreases in enrollment of children with disabilities; and
(2) Unusually large amounts of funds expended for such long-term purposes as the acquisition of equipment and the construction of school facilities.
(a) Each application must provide assurance satisfactory to the SEA that the LEA meets the requirements of this section.
(b) An LEA may not use funds under part B of the Act to provide services to children with disabilities unless the LEA uses State and local funds to provide services to those children that, taken as a whole, are at least comparable to services provided to other children with disabilities in that LEA.
(c) Each LEA shall maintain records that show that the LEA meets the requirement in paragraph (b) of this section.
Under the “comparability” requirement, if State and local funds are used to provide certain services, those services must be provided with State and local funds to all children with disabilities in the LEA who need them. Part B funds may then be used to supplement existing services, or to provide additional services to meet special needs. This, of course, is subject to the other requirements of the Act, including the priorities under §§ 300.320-300.324.
Each application must include procedures to assure that the LEA complies with §§ 300.340-300.350.
Each application must provide assurance satisfactory to the SEA that the LEA has procedural safeguards that meet the requirements of §§ 300.500-300.515.
Each application must describe how the LEA will use the funds under part B of the Act during the next school year.
Each local application must include additional procedures and information that the SEA may require in order to meet the State plan requirements of §§ 300.121-300.153.
(a) In order to receive a grant under this part, the Secretary of the Interior shall submit an application that—
(1) Meets the requirements of section 612(1), 612(2)(C)-(E), 612(4), 612(5), 612(6), and 612(7) of the Act (including monitoring and evaluation activities);
(2) Meets the requirements of section 613(a), (2), (3), (4)(B), (5), (6), (7), (10), (11), (12), (13), (14), and (15), 613(b), and 613(e) of the Act;
(3) Meets the requirements of section 614(a)(1)(A)-(B), (2)(A), (C), (3), (4), (5), and (7) of the Act;
(4) Meets the requirements of this part that implement the sections of the Act listed in paragraphs (a)(1)-(3) of this section.
(5) Includes a description of how the Secretary of the Interior will coordinate the provision of services under this part with LEAs, tribes and tribal organizations, and other private and Federal service providers;
(6) Includes an assurance that there are public hearings, adequate notice of such hearings, and an opportunity for comment afforded to members of tribes, tribal governing bodies, and affected local school boards before the adoption of the policies, programs, and procedures required under paragraphs (a)(1)-(3) of this section;
(7) Includes an assurance that the Secretary of the Interior will provide such information as the Secretary may require to comply with section 618(b)(1) of the Act, including data on the number of children and youth with disabilities served and the types and amounts of services provided and needed;
(8) Includes an assurance that, by October 1, 1992, the Secretaries of the Interior and Health and Human Services will enter into a memorandum of agreement, to be provided to the Secretary, for the coordination of services, resources, and personnel between their respective Federal, State, and local offices and with SEAs and LEAs and other entities to facilitate the provision of services to Indian children with disabilities residing on or near reservations. That agreement must provide for
(9) Includes an assurance that the Department of the Interior will cooperate with the Department of Education in the latter's exercise of monitoring and oversight of this application, and any agreements entered into between the Secretary of the Interior and other entities under the Act and will fulfill its duties under the Act.
(b) Sections 300.581-300.585 apply to grants available to the Secretary of the Interior under this part.
In the development of the application for the Department of the Interior, the Secretary of the Interior shall provide for public participation consistent with §§ 300.280-300.284.
(a)(1) The Department of the Interior may use five percent of its payment under § 300.709 in any fiscal year, or $350,000, whichever is greater, for administrative costs in carrying out the provisions of this part.
(2) The remainder of the payments to the Secretary of the Interior under § 300.709 in any fiscal year must be used in accordance with the priorities under §§ 300.320-300.324.
(b) Payments to the Secretary of the Interior under § 300.710 must be used in accordance with that section.
The Secretary of the Interior shall comply with the requirements of §§ 300.301-300.303, §§ 300.305-300.307, and §§ 300.340-300.347, § 300.350, §§ 300.360-300.383, §§ 300.400-300.402, §§ 300.500-300.585, §§ 300.600-300.621, and §§ 300.660-300.662.
Prior to its adoption of a State plan, the SEA shall—
(a) Make the plan available to the general public;
(b) Hold public hearings; and
(c) Provide an opportunity for comment by the general public on the plan.
(a) The SEA shall provide notice to the general public of the public hearings.
(b) The notice must be in sufficient detail to inform the general public about—
(1) The purpose and scope of the State plan and its relation to part B of the Act;
(2) The availability of the State plan;
(3) The date, time, and location of each public hearing;
(4) The procedures for submitting written comments about the plan; and
(5) The timetable for developing the final plan and submitting it to the Secretary for approval.
(c) The notice must be published or announced—
(1) In newspapers or other media, or both, with circulation adequate to notify the general public about the hearings; and
(2) Enough in advance of the date of the hearings to afford interested parties throughout the State a reasonable opportunity to participate.
(a) The SEA shall conduct the public hearings at times and places that afford interested parties throughout the
(b) The plan must be available for comment for a period of at least 30 days following the date of the notice under § 300.281.
Before adopting its State plan, the SEA shall—
(a) Review and consider all public comments; and
(b) Make any necessary modifications in the plan.
After the Secretary approves a State plan, the SEA shall give notice in newspapers or other media, or both, that the plan is approved. The notice must name places throughout the State where the plan is available for access by any interested person.
(a)
(b)
(1) If State law or a court order requires the State to provide education for children with disabilities in any disability category in any of these age groups, the State must make FAPE available to all children with disabilities of the same age who have that disability.
(2) If a public agency provides education to nondisabled children in any of these age groups, it must make FAPE available to at least a proportionate number of children with disabilities of the same age.
(3) If a public agency provides education to 50 percent or more of its children with disabilities in any disability category in any of these age groups, it must make FAPE available to all its children with disabilities of the same age who have that disability. This provision does not apply to children aged 3 through 5 for any fiscal year for which the State receives a grant under section 619(a)(1) of the Act.
(4) If a public agency provides education to a child with a disability in any of these age groups, it must make FAPE available to that child and provide that child and his or her parents all of the rights under part B of the Act and this part.
(5) A State is not required to make FAPE available to a child with a disability in one of these age groups if—
(i) State law expressly prohibits, or does not authorize, the expenditure of public funds to provide education to nondisabled children in that age group; or
(ii) The requirement is inconsistent with a court order that governs the provision of free public education to children with disabilities in that State.
(c)
1: The requirement to make FAPE available applies to all children with disabilities within the State who are in the age ranges required under § 300.300 and who need special education and related services. This includes children with disabilities already in school and children with less severe disabilities, who are not covered under the priorities under § 300.321.
2: In order to be in compliance with § 300.300, each State must ensure that the requirement to identify, locate, and evaluate all children with disabilities is fully implemented by public agencies throughout the State. This means that before September 1, 1978, every child who has been referred or is on a waiting list for evaluation (including children in school as well as those not receiving an education) must be evaluated in accordance with §§ 300.530-300.533. If, as a result of the evaluation, it is determined that a child needs special education and related services, an IEP must be developed for the child by September 1, 1978, and all other applicable requirements of this part must be met.
3: The requirement to identify, locate, and evaluate children with disabilities (commonly referred to as the “child find system”) was enacted on August 21, 1974, under Pub. L. 93-380. While each State needed time to establish and implement its child find system, the four year period between August 21, 1974, and September 1, 1978, is considered to be sufficient to ensure that the system is fully operational and effective on a State-wide basis.
Under the statute, the age range for the child find requirement (0-21) is greater than the mandated age range for providing FAPE. One reason for the broader age requirement under “child find” is to enable States to be aware of and plan for younger children who will require special education and related services. It also ties in with the full educational opportunity goal requirement that has the same age range as child find. Moreover, while a State is not required to provide FAPE to children with disabilities below the age ranges mandated under § 300.300, the State may, at its discretion, extend services to those children, subject to the priority requirements of §§ 300.320-300.324.
(a) Each State may use whatever State, local, Federal, and private sources of support are available in the State to meet the requirements of this part. For example, when it is necessary to place a child with a disability in a residential facility, a State could use joint agreements between the agencies involved for sharing the cost of that placement.
(b) Nothing in this part relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a child with a disability.
If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, must be at no cost to the parents of the child.
This requirement applies to placements that are made by public agencies for educational purposes, and includes placements in State-operated schools for children with disabilities, such as a State school for students with deafness or students with blindness.
Each public agency shall ensure that the hearing aids worn by children with hearing impairments including deafness in school are functioning properly.
The report of the House of Representatives on the 1978 appropriation bill includes the following statement regarding hearing aids:
In its report on the 1976 appropriation bill the Committee expressed concern about the condition of hearing aids worn by children in public schools. A study done at the Committee's direction by the Bureau of Education for the Handicapped reveals that up to one-third of the hearing aids are malfunctioning. Obviously, the Committee expects the Office of Education will ensure that hearing impaired school children are receiving adequate professional assessment, follow-up and services.
(a) Each SEA shall ensure that each public agency establishes and implements a goal of providing full educational opportunity to all children with disabilities in the area served by the public agency.
(b) Subject to the priority requirements of §§ 300.320-300.324, an SEA or LEA may use part B funds to provide facilities, personnel, and services necessary to meet the full educational opportunity goal.
In meeting the full educational opportunity goal, the Congress also encouraged
The use of the arts as a teaching tool for the handicapped has long been recognized as a viable, effective way not only of teaching special skills, but also of reaching youngsters who had otherwise been unteachable. The Committee envisions that programs under this bill could well include an arts component and, indeed, urges that local educational agencies include the arts in programs for the handicapped funded under this Act. Such a program could cover both appreciation of the arts by the handicapped youngsters, and the utilization of the arts as a teaching tool per se.
Museum settings have often been another effective tool in the teaching of handicapped children. For example, the Brooklyn Museum has been a leader in developing exhibits utilizing the heightened tactile sensory skill of the blind. Therefore, in light of the national policy concerning the use of museums in federally supported education programs enunciated in the Education Amendments of 1974, the Committee also urges local educational agencies to include museums in programs for the handicapped funded under this Act.
Each public agency shall take steps to ensure that its children with disabilities have available to them the variety of educational programs and services available to nondisabled children in the area served by the agency, including art, music, industrial arts, consumer and homemaking education, and vocational education.
The above list of program options is not exhaustive, and could include any program or activity in which nondisabled students participate.
(a) Each public agency shall take steps to provide nonacademic and extracurricular services and activities in such manner as is necessary to afford children with disabilities an equal opportunity for participation in those services and activities.
(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.
(a)
(b)
(1) The child is enrolled full time in a separate facility; or
(2) The child needs specially designed physical education, as prescribed in the child's IEP.
(c)
(d)
The Report of the House of Representatives on Public Law 94-142 includes the following statement regarding physical education:
Special education as set forth in the Committee bill includes instruction in physical education, which is provided as a matter of course to all non-handicapped children enrolled in public elementary and secondary schools. The Committee is concerned that although these services are available to and required of all children in our school systems,
The Committee expects the Commissioner of Education to take whatever action is necessary to assure that physical education services are available to all handicapped children, and has specifically included physical education within the definition of special education to make clear that the Committee expects such services, specially designed where necessary, to be provided as an integral part of the educational program of every handicapped child.
Each public agency shall ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in §§ 300.5-300.6, are made available to a child with a disability if required as a part of the child's—
(a) Special education under § 300.17;
(b) Related services under § 300.16; or
(c) Supplementary aids and services under § 300.550(b)(2).
For the purposes of §§ 300.321-300.324, the term:
(a)
(1) Are in an age group for which the State must make FAPE available under § 300.300; and
(2) Are not receiving any education.
(b)
1: After September 1, 1978, there should be no second priority children, since States must ensure, as a condition of receiving part B funds for fiscal year 1979, that all children with disabilities will have FAPE available by that date.
2: The term
(a) Each SEA and LEA shall use funds provided under part B of the Act in the following order of priorities:
(1) To provide FAPE to first priority children, including the identification, location, and evaluation of first priority children.
(2) To provide FAPE to second priority children, including the identification, location, and evaluation of second priority children.
(3) To meet the other requirements of this part.
(b) The requirements of paragraph (a) of this section do not apply to funds that the State uses for administration under § 300.620.
SEAs as well as LEAs must use part B funds (except the portion used for State administration) for the priorities. A State may have to set aside a portion of its part B allotment to be able to serve newly identified first priority children.
After September 1, 1978, part B funds may be used—
(1) To continue supporting child identification, location, and evaluation activities;
(2) To provide FAPE to newly identified first priority children;
(3) To meet the full educational opportunity goal required under § 300.304, including employing additional personnel and providing inservice training, in order to increase the level, intensity and quality of services provided to individual children with disabilities; and
(4) To meet the other requirements of part B.
If a State or an LEA is providing FAPE to all of its first priority children, that State or LEA may use funds provided under part B of the Act—
(a) To provide FAPE to children with disabilities who are not receiving any education and who are in the age groups not covered under § 300.300 in that State; or
(b) To provide FAPE to second priority children; or
(c) Both.
An LEA may use funds provided under part B of the Act for second priority children, if it provides assurance satisfactory to the SEA in its application (or an amendment to its application)—
(a) That all first priority children have FAPE available to them;
(b) That the LEA has a system for the identification, location, and evaluation of children with disabilities, as described in its application; and
(c) That whenever a first priority child is identified, located, and evaluated, the LEA makes FAPE available to the child.
(a) As used in this part, the term
(b) As used in §§ 300.346 and 300.347,
(a)
(b)
(1) Is placed in or referred to a private school or facility by a public agency; or
(2) Is enrolled in a parochial school or other private school and receives special education or related services from a public agency.
This section applies to all public agencies, including other State agencies (e.g., departments of mental health and welfare) that provide special education to a child with a disability either directly, by contract or through other arrangements. Thus, if a State welfare agency contracts with a private school or facility to provide special education to a child with a disability, that agency would be responsible for ensuring that an IEP is developed for the child.
(a) At the beginning of each school year, each public agency shall have in effect an IEP for every child with a disability who is receiving special education from that agency.
(b) An IEP must—
(1) Be in effect before special education and related services are provided to a child; and
(2) Be implemented as soon as possible following the meetings under § 300.343.
Under paragraph (b)(2) of this section, it is expected that the IEP of a child with a disability will be implemented immediately following the meetings under § 300.343. An exception to this would be (1) when the meetings occur during the summer or a vacation period, or (2) where there are circumstances that require a short delay (e.g., working out transportation arrangements). However, there can be no undue delay in providing special education and related services to the child.
(a)
(b) [Reserved]
(c)
(d)
The date on which agencies must have IEPs in effect is specified in § 300.342 (the beginning of each school year). However, except for new children with disabilities (i.e., those evaluated and determined to need special education and related services for the first time), the timing of meetings to develop, review, and revise IEPs is left to the discretion of each agency.
In order to have IEPs in effect at the beginning of the school year, agencies could hold meetings either at the end of the preceding school year or during the summer prior to the next school year. Meetings may be held any time throughout the year, as long as IEPs are in effect at the beginning of each school year.
The statute requires agencies to hold a meeting at least once each year in order to review and, if appropriate, revise each child's IEP. The timing of those meetings could be on the anniversary date of the child's last IEP meeting, but this is left to the discretion of the agency.
(a)
(1) A representative of the public agency, other than the child's teacher, who is qualified to provide, or supervise the provision of, special education.
(2) The child's teacher.
(3) One or both of the child's parents, subject to § 300.345.
(4) The child, if appropriate.
(5) Other individuals at the discretion of the parent or agency.
(b)
(1) That a member of the evaluation team participates in the meeting; or
(2) That the representative of the public agency, the child's teacher, or some other person is present at the meeting, who is knowledgeable about the evaluation procedures used with the child and is familiar with the results of the evaluation.
(c)
(i) The student; and
(ii) A representative of any other agency that is likely to be responsible for providing or paying for transition services.
(2) If the student does not attend, the public agency shall take other steps to ensure that the student's preferences and interests are considered; and
(3) If an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain the participation of the other agency in the planning of any transition services.
1: In deciding which teacher will participate in meetings on a child's IEP, the agency may wish to consider the following possibilities:
(a) For a child with a disability who is receiving special education, the teacher could be the child's special education teacher. If the child's disability is a speech impairment, the teacher could be the speech-language pathologist.
(b) For a child with a disability who is being considered for placement in special education, the teacher could be the child's regular teacher, or a teacher qualified to
(c) If the child is not in school or has more than one teacher, the agency may designate which teacher will participate in the meeting.
Either the teacher or the agency representative should be qualified in the area of the child's suspected disability.
For a child whose primary disability is a speech or language impairment, the evaluation personnel participating under paragraph (b)(1) of this section would normally be the speech-language pathologist.
2: Under paragraph (c) of this section, the public agency is required to invite each student to participate in his or her IEP meeting, if a purpose of the meeting is the consideration of transition services for the student. For all students who are 16 years of age or older, one of the purposes of the annual meeting will always be the planning of transition services, since transition services are a required component of the IEP for these students.
For a student younger than age 16, if transition services are initially discussed at a meeting that does not include the student, the public agency is responsible for ensuring that, before a decision about transition services for the student is made, a subsequent IEP meeting is conducted for that purpose, and the student is invited to the meeting.
(a) Each public agency shall take steps to ensure that one or both of the parents of the child with a disability are present at each meeting or are afforded the opportunity to participate, including—
(1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
(2) Scheduling the meeting at a mutually agreed on time and place.
(b)(1) The notice under paragraph (a)(1) of this section must indicate the purpose, time, and location of the meeting and who will be in attendance;
(2) If a purpose of the meeting is the consideration of transition services for a student, the notice must also—
(i) Indicate this purpose;
(ii) Indicate that the agency will invite the student; and
(iii) Identify any other agency that will be invited to send a representative.
(c) If neither parent can attend, the public agency shall use other methods to ensure parent participation, including individual or conference telephone calls.
(d) A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case the public agency must have a record of its attempts to arrange a mutually agreed on time and place such as—
(1) Detailed records of telephone calls made or attempted and the results of those calls;
(2) Copies of correspondence sent to the parents and any responses received; and
(3) Detailed records of visits made to the parent's home or place of employment and the results of those visits.
(e) The public agency shall take whatever action is necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.
(f) The public agency shall give the parent, on request, a copy of the IEP.
The notice in paragraph (a) of this section could also inform parents that they may bring other people to the meeting. As indicated in paragraph (c) of this section, the procedure used to notify parents (whether oral or written or both) is left to the discretion of the agency, but the agency must keep a record of its efforts to contact parents.
(a)
(1) A statement of the child's present levels of educational performance;
(2) A statement of annual goals, including short-term instructional objectives;
(3) A statement of the specific special education and related services to be provided to the child and the extent that the child will be able to participate in regular educational programs;
(4) The projected dates for initiation of services and the anticipated duration of the services; and
(5) Appropriate objective criteria and evaluation procedures and schedules for determining, on at least an annual basis, whether the short term instructional objectives are being achieved.
(b)
(2) If the IEP team determines that services are not needed in one or more of the areas specified in § 300.18 (b)(2)(i) through (b)(2)(iii), the IEP must include a statement to that effect and the basis upon which the determination was made.
1: The legislative history of the transition services provisions of the Act suggests that the statement of needed transition services referred to in paragraph (b) of this section should include a commitment by any participating agency to meet any financial responsibility it may have in the provision of transition services. See House Report No. 101-544, p. 11 (1990).
2: With respect to the provisions of paragraph (b) of this section, it is generally expected that the statement of needed transition services will include the areas listed in § 300.18 (b)(2)(i) through (b)(2)(iii). If the IEP team determines that services are not needed in one of those areas, the public agency must implement the requirements in paragraph (b)(2) of this section. Since it is a part of the IEP, the IEP team must reconsider its determination at least annually.
3: Section 602(a)(20) of the Act provides that IEPs must include a statement of needed transition services for students beginning no later than age 16, but permits transition services to students below age 16 (i.e., “* * * and, when determined appropriate for the individual, beginning at age 14 or younger.”). Although the statute does not mandate transition services for all students beginning at age 14 or younger, the provision of these services could have a significantly positive effect on the employment and independent living outcomes for many of these students in the future, especially for students who are likely to drop out before age 16. With respect to the provision of transition services to students below age 16, the Report of the House Committee on Education and Labor on Public Law 101-476 includes the following statement:
Although this language leaves the final determination of when to initiate transition services for students under age 16 to the IEP process, it nevertheless makes clear that Congress expects consideration to be given to the need for transition services for some students by age 14 or younger. The Committee encourages that approach because of their concern that age 16 may be too late for many students, particularly those at risk of dropping out of school and those with the most severe disabilities. Even for those students who stay in school until age 18, many will need more than two years of transitional services. Students with disabilities are now dropping out of school before age 16, feeling that the education system has little to offer them. Initiating services at a younger age will be critical. (House Report No. 101-544, 10 (1990).)
(a) If a participating agency fails to provide agreed-upon transition services contained in the IEP of a student with a disability, the public agency responsible for the student's education shall, as soon as possible, initiate a meeting for the purpose of identifying alternative strategies to meet the transition objectives and, if necessary, revising the student's IEP.
(b) Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.
(a)
(2) The agency shall ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency shall use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.
(3) [Reserved]
(b)
(2) If the private school or facility initiates and conducts these meetings, the public agency shall ensure that the parents and an agency representative:
(i) Are involved in any decision about the child's IEP; and
(ii) Agree to any proposed changes in the program before those changes are implemented.
(c)
If a child with a disability is enrolled in a parochial or other private school and receives special education or related services from a public agency, the public agency shall—
(a) Initiate and conduct meetings to develop, review, and revise an IEP for the child, in accordance with § 300.343; and
(b) Ensure that a representative of the parochial or other private school attends each meeting. If the representative cannot attend, the agency shall use other methods to ensure participation by the private school, including individual or conference telephone calls.
Each public agency must provide special education and related services to a child with a disability in accordance with an IEP. However, part B of the Act does not require that any agency, teacher, or other person be held accountable if a child does not achieve the growth projected in the annual goals and objectives.
This section is intended to relieve concerns that the IEP constitutes a guarantee by the public agency and the teacher that a child will progress at a specified rate. However, this section does not relieve agencies and teachers from making good faith efforts to assist the child in achieving the goals and objectives listed in the IEP. Further, the section does not limit a parent's right to complain and ask for revisions of the child's program, or to invoke due process procedures, if the parent feels that these efforts are not being made.
(a) An SEA may not distribute funds to an LEA, and shall use those funds to ensure the provision of FAPE to children with disabilities residing in the area served by the LEA, if the LEA, in any fiscal year—
(1) Is entitled to less than $7,500 for that fiscal year (beginning with fiscal year 1979);
(2) Does not submit an application that meets the requirements of §§ 300.220-300.240;
(3) Is unable or unwilling to establish and maintain programs of FAPE;
(4) Is unable or unwilling to be consolidated with other LEAs in order to
(5) Has one or more children with disabilities who can best be served by a regional or State center designed to meet the needs of those children.
(b) In meeting the requirements in paragraph (a) of this section, the SEA may provide special education and related services directly, by contract, or through other arrangements.
(c) The excess cost requirements of §§ 300.182-300.186 do not apply to the SEA.
Section 300.360 is a combination of three provisions in the statute (Sections 611(c)(4), 613(b), and 614(d)). This section focuses mainly on the State's administration and use of local entitlements under part B.
The SEA, as a recipient of part B funds, is responsible for ensuring that all public agencies in the State comply with the provisions of the Act, regardless of whether they receive part B funds. If an LEA elects not to apply for its part B entitlement, the State would be required to use those funds to ensure that FAPE is made available to children residing in the area served by that local agency. However, if the local entitlement is not sufficient for this purpose, additional State or local funds would have to be expended in order to ensure that FAPE and the other requirements of the Act are met.
Moreover, if the LEA is the recipient of any other Federal funds, it would have to be in compliance with 34 CFR §§ 104.31-104.39 of the regulations implementing section 504 of the Rehabilitation Act of 1973. It should be noted that the term “FAPE” has different meanings under part B and section 504. For example, under part B, FAPE is a statutory term that requires special education and related services to be provided in accordance with an IEP. However, under section 504, each recipient must provide an education that includes services that are “designed to meet individual educational needs of handicapped persons as adequately as the needs of nonhandicapped persons are met * * *” Those regulations state that implementation of an IEP, in accordance with part B, is one means of meeting the FAPE requirement.
The SEA may provide special education and related services under § 300.360(a) in the manner and at the location it considers appropriate. However, the manner in which the education and services are provided must be consistent with the requirements of this part (including the LRE provisions of §§ 300.550-300.556).
(a) The State may use the portion of its allocation that it does not use for administration under §§ 300.620-300.621—
(1) For support services and direct services in accordance with the priority requirements of §§ 300.320-300.324; and
(2) For the administrative costs of the State's monitoring activities and complaint investigations, to the extent that these costs exceed the administrative costs for monitoring and complaint investigations incurred during fiscal year 1985.
(b) For the purposes of paragraph (a) of this section—
(1)
(2) “Support services” includes implementing the comprehensive system of personnel development of §§ 300.380-300.383, recruitment and training of hearing officers and surrogate parents, and public information and parent training activities relating to FAPE for children with disabilities.
Beginning with the period July 1, 1978-June 30, 1979, and for each following fiscal year, the funds that a State uses for direct and support services under § 300.370 must be matched on a program basis by the State from funds other than Federal funds. This requirement does not apply to funds that the State uses under § 300.360.
The requirement in § 300.371 would be satisfied if the State can document that the amount of State funds expended for each major program area (e.g., the comprehensive system of personnel development) is at least equal to the expenditure of Federal funds in that program area.
Beginning with funds appropriated for fiscal year 1979 and for each following fiscal year, the requirement in section 613(a)(9) of the Act, which prohibits supplanting with Federal funds, does not apply to funds that the State uses from its allocation under § 300.706(a) for administration, direct services, or support services.
Each State shall—
(a) Develop and implement a comprehensive system of personnel development that—
(1) Is consistent with the purposes of the Act and with the comprehensive system of personnel development described in 34 CFR § 303.360;
(2) Meets the requirements in §§ 300.381-300.383; and
(3) Is consistent with the provisions on personnel standards in § 300.153; and
(b) Include in its State plan a description of the personnel development system required in paragraph (a)(1) of this section.
Each State plan must include a description of the procedures and activities the State will undertake to ensure an adequate supply of qualified personnel (as the term
(a) Addresses current and projected special education and related services personnel needs, including the need for leadership personnel; and
(b) Coordinates and facilitates efforts among SEA and LEAs, institutions of higher education, and professional associations to recruit, prepare, and retain qualified personnel, including personnel from minority backgrounds, and personnel with disabilities.
Each State plan must include a description of the procedures and activities the State will undertake to ensure that all personnel necessary to carry out this part are appropriately and adequately prepared. The procedures and activities must include—
(a) A system for the continuing education of regular and special education and related services personnel to enable these personnel to meet the needs of children with disabilities under this part;
(b) Procedures for acquiring and disseminating to teachers, administrators, and related services personnel significant knowledge derived from education research and other sources; and
(c) Procedures for adopting, if appropriate, promising practices, materials, and technology, proven effective through research and demonstration.
(a)
(b)
(i) The number and type of personnel, including leadership personnel, employed in the provision of special education and related services, by profession or discipline;
(ii) The number and type of personnel who are employed with emergency, provisional, or temporary certification in each profession or discipline who do not hold appropriate State certification, licensure, or other credentials comparable to certification or licensure for that profession or discipline; and
(iii) The number and type of personnel, including leadership personnel, in each profession or discipline needed, and a projection of the numbers of those personnel that will be needed in five years, based on projections of individuals to be served, retirement and other departures of personnel from the field, and other relevant factors.
(2) The data on special education and related services personnel required in paragraph (b)(1) of this section must include audiologists, counselors, diagnostic and evaluation personnel, home-hospital teachers, interpreters for students with hearing impairments including deafness, occupational therapists, physical education teachers, physical therapists, psychologists, rehabilitation counselors, social workers, speech-language pathologists, teacher aides, recreation and therapeutic recreation specialists, vocational education teachers, work-study coordinators, and other instructional and noninstructional staff.
(3) The data on leadership personnel required by paragraph (b)(1) of this section must include administrators and supervisors of State or local agencies who are involved in the provision or supervision of services or activities necessary to carry out the purposes of this part.
(c)
(1) The numbers of students enrolled in programs for the preparation of special education and related services personnel administered by these institutions of higher education; and
(2) The numbers of students who graduated during the past year with certification or licensure, or with credentials to qualify for certification or licensure, from programs for the preparation of special education and related services personnel administered by institutions of higher education.
Sections 300.401-300.402 apply only to children with disabilities who are or have been placed in or referred to a private school or facility by a public agency as a means of providing special education and related services.
Each SEA shall ensure that a child with a disability who is placed in or referred to a private school or facility by a public agency:
(a) Is provided special education and related services—
(1) In conformance with an IEP that meets the requirements of §§ 300.340-300.350;
(2) At no cost to the parents; and
(3) At a school or facility that meets the standards that apply to the SEA and LEAs (including the requirements of this part); and
(b) Has all of the rights of a child with a disability who is served by a public agency.
In implementing § 300.401, the SEA shall—
(a) Monitor compliance through procedures such as written reports, on-site visits, and parent questionnaires;
(b) Disseminate copies of applicable standards to each private school and facility to which a public agency has referred or placed a child with a disability; and
(c) Provide an opportunity for those private schools and facilities to participate in the development and revision of State standards that apply to them.
(a) If a child with a disability has FAPE available and the parents choose to place the child in a private school or facility, the public agency is not required by this part to pay for the child's education at the private school or facility. However, the public agency shall make services available to the child as provided under §§ 300.450-300.452.
(b) Disagreements between a parent and a public agency regarding the availability of a program appropriate for the child, and the question of financial responsibility, are subject to the due process procedures of §§ 300.500-300.515.
As used in this part,
The SEA shall ensure that—
(a) To the extent consistent with their number and location in the State, provision is made for the participation of private school children with disabilities in the program assisted or carried out under this part by providing them with special education and related services; and
(b) The requirements of 34 CFR 76.651-76.662 are met.
Each LEA shall provide special education and related services designed to meet the needs of private school children with disabilities residing in the jurisdiction of the agency.
(a) The Secretary implements a by-pass if an SEA is, and was on December 2, 1983, prohibited by law from providing for the participation of private school children with disabilities in the program assisted or carried out under this part, as required by section 613(a)(4)(A) of the Act and by §§ 300.451-300.452.
(b) The Secretary waives the requirement of section 613(a)(4)(A) of the Act and of §§ 300.451-300.452 if the Secretary implements a by-pass.
(a) Before implementing a by-pass, the Secretary consults with appropriate public and private school officials, including SEA officials, in the affected State to consider matters such as—
(1) The prohibition imposed by State law that results in the need for a by-pass;
(2) The scope and nature of the services required by private school children with disabilities in the State, and the number of children to be served under the by-pass; and
(3) The establishment of policies and procedures to ensure that private school children with disabilities receive services consistent with the requirements of section 613(a)(4)(A) of the Act, §§ 300.451-300.452, and 34 CFR §§ 76.651-76.662.
(b) After determining that a by-pass is required, the Secretary arranges for the provision of services to private school children with disabilities in the State in a manner consistent with the requirements of section 613(a)(4)(A) of the Act and §§ 300.451-300.452 by providing services through one or more agreements with appropriate parties.
(c) For any fiscal year that a by-pass is implemented, the Secretary determines the maximum amount to be paid to the providers of services by multiplying—
(1) A per child amount that may not exceed the amount per child provided by the Secretary under this part for all children with disabilities in the State for the preceding fiscal year; by
(2) The number of private school children with disabilities (as defined by §§ 300.7(a) and 300.450) in the State, as determined by the Secretary on the basis of the most recent satisfactory data available, which may include an estimate of the number of those children with disabilities.
(d) The Secretary deducts from the State's allocation under this part the amount the Secretary determines is necessary to implement a by-pass and pays that amount to the provider of services. The Secretary may withhold this amount from the State's allocation pending final resolution of any investigation or complaint that could result in a determination that a by-pass must be implemented.
Sections 300.482 through 300.486 appear at 49 FR 48526, Dec. 12, 1984, unless otherwise noted.
(a) Before taking any final action to implement a by-pass, the Secretary provides the affected SEA with written notice.
(b) In the written notice, the Secretary—
(1) States the reasons for the proposed by-pass in sufficient detail to allow the SEA to respond; and
(2) Advises the SEA that it has a specific period of time (at least 45 days) from receipt of the written notice to submit written objections to the proposed by-pass and that it may request in writing the opportunity for a hearing to show cause why a by-pass should not be implemented.
(c) The Secretary sends the notice to the SEA by certified mail with return receipt requested.
An SEA seeking an opportunity to show cause why a by-pass should not be implemented shall submit a written request for a show cause hearing to the Secretary.
(a) If a show cause hearing is requested, the Secretary—
(1) Notifies the SEA and other appropriate public and private school officials of the time and place for the hearing; and
(2) Designates a person to conduct the show cause hearing. The designee must not have had any responsibility for the matter brought for a hearing.
(b) At the show cause hearing, the designee considers matters such as—
(1) The necessity for implementing a by-pass;
(2) Possible factual errors in the written notice of intent to implement a by-pass; and
(3) The objections raised by public and private school representatives.
(c) The designee may regulate the course of the proceedings and the conduct of parties during the pendency of the proceedings. The designee takes all steps necessary to conduct a fair and impartial proceeding, to avoid delay, and to maintain order.
(d) The designee may interpret applicable statutes and regulations, but may not waive them or rule on their validity.
(e) The designee arranges for the preparation, retention, and, if appropriate, dissemination of the record of the hearing.
(a) The designee who conducts the show cause hearing—
(1) Issues a written decision that includes a statement of findings; and
(2) Submits a copy of the decision to the Secretary and sends a copy to each party by certified mail with return receipt requested.
(b) Each party may submit comments and recommendations on the designee's decision to the Secretary within 15 days of the date the party receives the designee's decision.
(c) The Secretary adopts, reverses, or modifies the designee's decision and notifies the SEA of the Secretary's final action. That notice is sent by certified mail with return receipt requested.
(a) Any written submission under § 300.482-300.485 must be filed by hand-delivery, by mail, or by facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages.
(b) The filing date under paragraph (a) of this section is the date the document is—
(1) Hand-delivered;
(2) Mailed; or
(3) Sent by facsimile transmission.
(c) A party filing by facsimile transmission is responsible for confirming that a complete and legible copy of the document was received by the Department.
(d) If a document is filed by facsimile transmission, the Secretary or the hearing officer, as applicable, may require the filing of a follow-up hard copy by hand-delivery or by mail within a reasonable period of time.
(e) If agreed upon by the parties, service of a document may be made upon the other party by facsimile transmission.
If dissatisfied with the Secretary's final action, the SEA may, within 60 days after notice of that action, file a petition for review with the United States court of appeals for the circuit in which the State is located. The procedures for judicial review are described in section 613(d)(3)(B)-(D) of the Act.
(a) As used in this part:
(1) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;
(2) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and
(3) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.
(b)
(c)
(1) The name of the child, the child's parent, or other family member;
(2) The address of the child;
(3) A personal identifier, such as the child's social security number or student number; or
(4) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.
Each SEA shall ensure that each public agency establishes and implements procedural safeguards that meet the requirements of §§ 300.500-300.515.
The parents of a child with a disability shall be afforded, in accordance with the procedures of §§ 300.562-300.569, an opportunity to inspect and review all education records with respect to—
(a) The identification, evaluation, and educational placement of the child; and
(b) The provision of FAPE to the child.
(a)
(2) Each public agency shall provide to parents, on request, information about where an independent educational evaluation may be obtained.
(3) For the purposes of this part:
(i)
(ii)
(b)
(c)
(1) Must be considered by the public agency in any decision made with respect to the provision of FAPE to the child; and
(2) May be presented as evidence at a hearing under this subpart regarding that child.
(d)
(e)
(a)
(1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or
(2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.
(b)
(i) Conducting a preplacement evaluation; and
(ii) Initial placement of a child with a disability in a program providing special education and related services.
(2) If State law requires parental consent before a child with a disability is evaluated or initially provided special education and related services, State procedures govern the public agency in overriding a parent's refusal to consent.
(3) If there is no State law requiring consent before a child with a disability is evaluated or initially provided special education and related services, the public agency may use the hearing procedures in §§ 300.506-300.508 to determine if the child may be evaluated or initially provided special education and related services without parental consent. If it does so and the hearing officer upholds the agency, the agency may evaluate or initially provide special education and related services to the child without the parent's consent, subject to the parent's rights under §§ 300.510-300.513.
(c)
(d)
1: Any changes in a child's special education program after the initial placement are not subject to the parental consent requirements in paragraph (b)(1) of this section, but are subject to the prior notice requirement in paragraph (a) of this section and the IEP requirements of §§ 300.340-300.350.
2: Paragraph (b)(2) of this section means that if State law requires parental consent before evaluation or before special education and related services are initially provided, and the parent refuses (or otherwise withholds) consent, State procedures, such as obtaining a court order authorizing the public agency to conduct the evaluation or provide the education and related services, must be followed.
If, however, there is no legal requirement for consent outside of these regulations, the public agency may use the due process procedures of §§ 300.506-300.508 to obtain a decision to allow the evaluation or services without parental consent. The agency must notify the parent of its actions, and the parent has appeal rights as well as rights at the hearing itself.
3: If a State adopts a consent requirement in addition to those described in paragraph (b) of this section and consent is refused, paragraph (d) of this section requires that the public agency must nevertheless provide the services and activities that are not in dispute. For example, if a State requires parental consent to the provision of all services identified in an IEP and the parent refuses to consent to physical therapy services included in the IEP, the agency is not relieved of its obligation to implement those portions of the IEP to which the parent consents.
If the parent refuses to consent and the public agency determines that the service or activity in dispute is necessary to provide FAPE to the child, paragraph (c) of this section requires that the agency must implement its procedures to override the refusal. This section does not preclude the agency from reconsidering its proposal if it believes that circumstances warrant.
(a) The notice under § 300.504 must include—
(1) A full explanation of all of the procedural safeguards available to the parents under § 300.500, §§ 300.502-300.515, and §§ 300.562-300.569;
(2) A description of the action proposed or refused by the agency, an explanation of why the agency proposes or refuses to take the action, and a description of any options the agency considered and the reasons why those options were rejected;
(3) A description of each evaluation procedure, test, record, or report the agency uses as a basis for the proposal or refusal; and
(4) A description of any other factors that are relevant to the agency's proposal or refusal.
(b) The notice must be—
(1) Written in language understandable to the general public; and
(2) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
(c) If the native language or other mode of communication of the parent is not a written language, the SEA or LEA shall take steps to ensure—
(1) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;
(2) That the parent understands the content of the notice; and
(3) That there is written evidence that the requirements in paragraphs (c)(1) and (2) of this section have been met.
(a) A parent or a public educational agency may initiate a hearing on any of the matters described in § 300.504(a)(1) and (2).
(b) The hearing must be conducted by the SEA or the public agency directly responsible for the education of the child, as determined under State statute, State regulation, or a written policy of the SEA.
(c) The public agency shall inform the parent of any free or low-cost legal and other relevant services available in the area if—
(1) The parent requests the information; or
(2) The parent or the agency initiates a hearing under this section.
Many States have pointed to the success of using mediation as an intervening step prior to conducting a formal due process hearing. Although the process of mediation is not required by the statute or these regulations, an agency may wish to suggest mediation in disputes concerning the identification, evaluation, and educational placement of children with disabilities, and the provision of FAPE to those children. Mediations have been conducted by members of SEAs or LEA personnel who were not previously involved in the particular case. In many cases, mediation leads to resolution of differences between parents and agencies without the development of an adversarial relationship and with minimal emotional stress. However, mediation may not be used to deny or delay a parent's rights under §§ 300.500-300.515.
(a) A hearing may not be conducted—
(1) By a person who is an employee of a public agency that is involved in the education or care of the child; or
(2) By any person having a personal or professional interest that would conflict with his or her objectivity in the hearing.
(b) A person who otherwise qualifies to conduct a hearing under paragraph (a) of this section is not an employee of the agency solely because he or she is paid by the agency to serve as a hearing officer.
(c) Each public agency shall keep a list of the persons who serve as hearing officers. The list must include a statement of the qualifications of each of those persons.
(a) Any party to a hearing has the right to:
(1) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities.
(2) Present evidence and confront, cross-examine, and compel the attendance of witnesses.
(3) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five days before the hearing.
(4) Obtain a written or electronic verbatim record of the hearing.
(5) Obtain written findings of fact and decisions. The public agency, after
(i) Transmit those findings and decisions to the State advisory panel established under § 300.650; and
(ii) Make those findings and decisions available to the public.
(b) Parents involved in hearings must be given the right to—
(1) Have the child who is the subject of the hearing present; and
(2) Open the hearing to the public.
A decision made in a hearing conducted under § 300.506 is final, unless a party to the hearing appeals the decision under § 300.510 or § 300.511.
(a) If the hearing is conducted by a public agency other than the SEA, any party aggrieved by the findings and decision in the hearing may appeal to the SEA.
(b) If there is an appeal, the SEA shall conduct an impartial review of the hearing. The official conducting the review shall:
(1) Examine the entire hearing record.
(2) Ensure that the procedures at the hearing were consistent with the requirements of due process.
(3) Seek additional evidence if necessary. If a hearing is held to receive additional evidence, the rights in 300.508 apply.
(4) Afford the parties an opportunity for oral or written argument, or both, at the discretion of the reviewing official.
(5) Make an independent decision on completion of the review.
(6) Give a copy of written findings and the decision to the parties.
(c) The SEA, after deleting any personally identifiable information, shall—
(1) Transmit the findings and decisions referred to in paragraph (b)(6) of this section to the State advisory panel established under § 300.650; and
(2) Make those findings and decisions available to the public.
(d) The decision made by the reviewing official is final unless a party brings a civil action under § 300.511.
1: The SEA may conduct its review either directly or through another State agency acting on its behalf. However, the SEA remains responsible for the final decision on review.
2: All parties have the right to continue to be represented by counsel at the State administrative review level, whether or not the reviewing official determines that a further hearing is necessary. If the reviewing official decides to hold a hearing to receive additional evidence, the other rights in § 300.508 relating to hearings also apply.
Any party aggrieved by the findings and decision made in a hearing who does not have the right to appeal under § 300.510, and any party aggrieved by the decision of a reviewing officer under § 300.510, has the right to bring a civil action under section 615(e)(2) of the Act.
(a) The public agency shall ensure that not later than 45 days after the receipt of a request for a hearing—
(1) A final decision is reached in the hearing; and
(2) A copy of the decision is mailed to each of the parties.
(b) The SEA shall ensure that not later than 30 days after the receipt of a request for a review—
(1) A final decision is reached in the review; and
(2) A copy of the decision is mailed to each of the parties.
(c) A hearing or reviewing officer may grant specific extensions of time beyond the periods set out in paragraphs (a) and (b) of this section at the request of either party.
(d) Each hearing and each review involving oral arguments must be conducted at a time and place that is reasonably convenient to the parents and child involved.
(a) During the pendency of any administrative or judicial proceeding regarding a complaint, unless the public agency and the parents of the child agree otherwise, the child involved in the complaint must remain in his or her present educational placement.
(b) If the complaint involves an application for initial admission to public school, the child, with the consent of the parents, must be placed in the public school program until the completion of all the proceedings.
Section 300.513 does not permit a child's placement to be changed during a complaint proceeding, unless the parents and agency agree otherwise. While the placement may not be changed, this does not preclude the agency from using its normal procedures for dealing with children who are endangering themselves or others.
(a)
(1) No parent (as defined in § 300.13) can be identified;
(2) The public agency, after reasonable efforts, cannot discover the whereabouts of a parent; or
(3) The child is a ward of the State under the laws of that State.
(b)
(c)
(2) Public agencies shall ensure that a person selected as a surrogate—
(i) Has no interest that conflicts with the interest of the child he or she represents; and
(ii) Has knowledge and skills that ensure adequate representation of the child.
(d)
(2) A person who otherwise qualifies to be a surrogate parent under paragraphs (c) and (d)(1) of this section, is not an employee of the agency solely because he or she is paid by the agency to serve as a surrogate parent.
(e)
(1) The identification, evaluation, and educational placement of the child; and
(2) The provision of FAPE to the child.
Each public agency shall inform parents that in any action or proceeding under section 615 of the Act, courts may award parents reasonable attorneys’ fees under the circumstances described in section 615(e)(4) of the Act.
(a) Each SEA shall ensure that each public agency establishes and implements procedures that meet the requirements of §§ 300.530-300.534.
(b) Testing and evaluation materials and procedures used for the purposes of evaluation and placement of children with disabilities must be selected and administered so as not to be racially or culturally discriminatory.
Before any action is taken with respect to the initial placement of a child with a disability in a program providing special education and related services, a full and individual evaluation of the child's educational needs must be conducted in accordance with the requirements of § 300.532.
State educational agencies and LEAs shall ensure, at a minimum, that:
(a) Tests and other evaluation materials—
(1) Are provided and administered in the child's native language or other mode of communication, unless it is clearly not feasible to do so;
(2) Have been validated for the specific purpose for which they are used; and
(3) Are administered by trained personnel in conformance with the instructions provided by their producer.
(b) Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.
(c) Tests are selected and administered so as best to ensure that when a test is administered to a child with impaired sensory, manual, or speaking skills, the test results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).
(d) No single procedure is used as the sole criterion for determining an appropriate educational program for a child.
(e) The evaluation is made by a multidisciplinary team or group of persons, including at least one teacher or other specialist with knowledge in the area of suspected disability.
(f) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.
Children who have a speech or language impairment as their primary disability may not need a complete battery of assessments (e.g., psychological, physical, or adaptive behavior). However, a qualified speech-language pathologist would: (1) Evaluate each child with a speech or language impairment using procedures that are appropriate for the diagnosis and appraisal of speech and language impairments, and (2) if necessary, make referrals for additional assessments needed to make an appropriate placement decision.
(a) In interpreting evaluation data and in making placement decisions, each public agency shall—
(1) Draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior;
(2) Ensure that information obtained from all of these sources is documented and carefully considered;
(3) Ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and
(4) Ensure that the placement decision is made in conformity with the LRE rules in §§ 300.550-300.554.
(b) If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with §§ 300.340-300.350.
Paragraph (a)(1) of this section includes a list of examples of sources that may be used by a public agency in making placement decisions. The agency would not have to use all the sources in every instance. The point of the requirement is to ensure that more than one source is used in interpreting evaluation data and in making placement decisions. For example, while all of the named sources would have to be used for a
Each SEA and LEA shall ensure—
(a) That the IEP of each child with a disability is reviewed in accordance with §§ 300.340-300.350; and
(b) That an evaluation of the child, based on procedures that meet the requirements of § 300.532, is conducted every three years, or more frequently if conditions warrant, or if the child's parent or teacher requests an evaluation.
In evaluating a child suspected of having a specific learning disability, in addition to the requirements of § 300.532, each public agency shall include on the multidisciplinary evaluation team—
(a)(1) The child's regular teacher; or
(2) If the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of his or her age; or
(3) For a child of less than school age, an individual qualified by the SEA to teach a child of his or her age; and
(b) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher.
(a) A team may determine that a child has a specific learning disability if—
(1) The child does not achieve commensurate with his or her age and ability levels in one or more of the areas listed in paragraph (a)(2) of this section, when provided with learning experiences appropriate for the child's age and ability levels; and
(2) The team finds that a child has a severe discrepancy between achievement and intellectual ability in one or more of the following areas—
(i) Oral expression;
(ii) Listening comprehension;
(iii) Written expression;
(iv) Basic reading skill;
(v) Reading comprehension;
(vi) Mathematics calculation; or
(vii) Mathematics reasoning.
(b) The team may not identify a child as having a specific learning disability if the severe discrepancy between ability and achievement is primarily the result of—
(1) A visual, hearing, or motor impairment;
(2) Mental retardation;
(3) Emotional disturbance; or
(4) Environmental, cultural or economic disadvantage.
(a) At least one team member other than the child's regular teacher shall observe the child's academic performance in the regular classroom setting.
(b) In the case of a child of less than school age or out of school, a team member shall observe the child in an environment appropriate for a child of that age.
(a) The team shall prepare a written report of the results of the evaluation.
(b) The report must include a statement of—
(1) Whether the child has a specific learning disability;
(2) The basis for making the determination;
(3) The relevant behavior noted during the observation of the child;
(4) The relationship of that behavior to the child's academic functioning;
(5) The educationally relevant medical findings, if any;
(6) Whether there is a severe discrepancy between achievement and ability that is not correctable without special education and related services; and
(7) The determination of the team concerning the effects of environmental, cultural, or economic disadvantage.
(c) Each team member shall certify in writing whether the report reflects his or her conclusion. If it does not reflect his or her conclusion, the team member must submit a separate statement presenting his or her conclusions.
(a) Each SEA shall ensure that each public agency establishes and implements procedures that meet the requirements of §§ 300.550-300.556.
(b) Each public agency shall ensure—
(1) That to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and
(2) That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
(a) Each public agency shall ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.
(b) The continuum required in paragraph (a) of this section must—
(1) Include the alternative placements listed in the definition of special education under § 300.17 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and
(2) Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.
Each public agency shall ensure that:
(a) The educational placement of each child with a disability—
(1) Is determined at least annually;
(2) Is based on his or her IEP; and
(3) Is as close as possible to the child's home.
(b) The various alternative placements included at § 300.551 are available to the extent necessary to implement the IEP for each child with a disability.
(c) Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled.
(d) In selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs.
Section 300.552 includes some of the main factors that must be considered in determining the extent to which a child with a disability can be educated with children who are nondisabled. The overriding rule in this section is that placement decisions must be made on an individual basis. The section also requires each agency to have various alternative placements available in order to ensure that each child with a disability receives an education that is appropriate to his or her individual needs.
The requirements of § 300.552, as well as the other requirements of §§ 300.550-300.556, apply to all preschool children with disabilities who are entitled to receive FAPE. Public agencies that provide preschool programs for nondisabled preschool children must ensure that the requirements of § 300.552(c) are met.
(1) Providing opportunities for the participation (even part-time) of preschool children with disabilities in other preschool programs operated by public agencies (such as Head Start);
(2) Placing children with disabilities in private school programs for nondisabled preschool children or private school preschool programs that integrate children with disabilities and nondisabled children; and
(3) Locating classes for preschool children with disabilities in regular elementary schools.
In each case the public agency must ensure that each child's placement is in the LRE in which the unique needs of that child can be met, based upon the child's IEP, and meets all of the other requirements of §§ 300.340-300.350 and §§ 300.550-300.556.
The analysis of the regulations for section 504 of the Rehabilitation Act of 1973 (34 CFR part 104—Appendix, Paragraph 24) includes several points regarding educational placements of children with disabilities that are pertinent to this section:
1. With respect to determining proper placements, the analysis states: “* * * it should be stressed that, where a handicapped child is so disruptive in a regular classroom that the education of other students is significantly impaired, the needs of the handicapped child cannot be met in that environment. Therefore regular placement would not be appropriate to his or her needs * * *.”
2. With respect to placing a child with a disability in an alternate setting, the analysis states that among the factors to be considered in placing a child is the need to place the child as close to home as possible. Recipients are required to take this factor into account in making placement decisions. The parents’ right to challenge the placement of their child extends not only to placement in special classes or separate schools, but also to placement in a distant school, particularly in a residential program. An equally appropriate education program may exist closer to home; and this issue may be raised by the parent under the due process provisions of this subpart.
In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in § 300.306, each public agency shall ensure that each child with a disability participates with nondisabled children in those services and activities to the maximum extent appropriate to the needs of that child.
Section 300.553 is taken from a requirement in the final regulations for section 504 of the Rehabilitation Act of 1973. With respect to this requirement, the analysis of the section 504 regulations includes the following statement: “[This paragraph] specifies that handicapped children must also be provided nonacademic services in as integrated a setting as possible. This requirement is especially important for children whose educational needs necessitate their being solely with other handicapped children during most of each day. To the maximum extent appropriate, children in residential settings are also to be provided opportunities for participation with other children.” (34 CFR part 104—Appendix, Paragraph 24.)
Each SEA shall make arrangements with public and private institutions (such as a memorandum of agreement or special implementation procedures) as may be necessary to ensure that § 300.550 is effectively implemented.
Under section 612(5)(B) of the statute, the requirement to educate children with disabilities with nondisabled children also applies to children in public and private institutions or other care facilities. Each SEA must ensure that each applicable agency and institution in the State implements this requirement. Regardless of other reasons for institutional placement, no child in an institution who is capable of education in a regular public school setting may be denied access to an education in that setting.
Each SEA shall carry out activities to ensure that teachers and administrators in all public agencies—
(a) Are fully informed about their responsibilities for implementing § 300.550; and
(b) Are provided with technical assistance and training necessary to assist them in this effort.
(a) The SEA shall carry out activities to ensure that § 300.550 is implemented by each public agency.
(b) If there is evidence that a public agency makes placements that are inconsistent with § 300.550, the SEA shall—
(1) Review the public agency's justification for its actions; and
(2) Assist in planning and implementing any necessary corrective action.
As used in §§ 300.560-300.576—
(a) The SEA shall give notice that is adequate to fully inform parents about the requirements of § 300.128, including—
(1) A description of the extent that the notice is given in the native languages of the various population groups in the State;
(2) A description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the State intends to use in gathering the information (including the sources from whom information is gathered), and the uses to be made of the information;
(3) A summary of the policies and procedures that participating agencies must follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information; and
(4) A description of all of the rights of parents and children regarding this information, including the rights under the Family Educational Rights and Privacy Act of 1974 and implementing regulations in part 99 of this title.
(b) Before any major identification, location, or evaluation activity, the notice must be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the State of the activity.
(a) Each participating agency shall permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under this part. The agency shall comply with a request without unnecessary delay and before any meeting regarding an IEP or any hearing relating to the identification, evaluation, or educational placement of the child, or the provision of FAPE to the child, and in no case more than 45 days after the request has been made.
(b) The right to inspect and review education records under this section includes—
(1) The right to a response from the participating agency to reasonable requests for explanations and interpretations of the records;
(2) The right to request that the agency provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and
(3) The right to have a representative of the parent inspect and review the records.
(c) An agency may presume that the parent has authority to inspect and review records relating to his or her child unless the agency has been advised that the parent does not have the authority under applicable State law governing such matters as guardianship, separation, and divorce.
Each participating agency shall keep a record of parties obtaining access to education records collected, maintained, or used under this part (except access by parents and authorized employees of the participating agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.
If any education record includes information on more than one child, the parents of those children shall have the right to inspect and review only the information relating to their child or to be informed of that specific information.
Each participating agency shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the agency.
(a) Each participating agency may charge a fee for copies of records that are made for parents under this part if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.
(b) A participating agency may not charge a fee to search for or to retrieve information under this part.
(a) A parent who believes that information in the education records collected, maintained, or used under this part is inaccurate or misleading or violates the privacy or other rights of the child may request the participating agency that maintains the information to amend the information.
(b) The agency shall decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.
(c) If the agency decides to refuse to amend the information in accordance with the request, it shall inform the parent of the refusal, and advise the parent of the right to a hearing under § 300.568.
The agency shall, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.
(a) If, as a result of the hearing, the agency decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the child, it shall amend the information accordingly and so inform the parent in writing.
(b) If, as a result of the hearing, the agency decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy of
(c) Any explanation placed in the records of the child under this section must—
(1) Be maintained by the agency as part of the records of the child as long as the record or contested portion is maintained by the agency; and
(2) If the records of the child or the contested portion is disclosed by the agency to any party, the explanation must also be disclosed to the party.
A hearing held under § 300.568 must be conducted according to the procedures under § 99.22 of this title.
(a) Parental consent must be obtained before personally identifiable information is—
(1) Disclosed to anyone other than officials of participating agencies collecting or using the information under this part, subject to paragraph (b) of this section; or
(2) Used for any purpose other than meeting a requirement of this part.
(b) An educational agency or institution subject to part 99 of this title may not release information from education records to participating agencies without parental consent unless authorized to do so under part 99 of this title.
(c) The SEA shall include policies and procedures in its State plan that are used in the event that a parent refuses to provide consent under this section.
(a) Each participating agency shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.
(b) One official at each participating agency shall assume responsibility for ensuring the confidentiality of any personally identifiable information.
(c) All persons collecting or using personally identifiable information must receive training or instruction regarding the State's policies and procedures under § 300.129 and part 99 of this title.
(d) Each participating agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.
(a) The public agency shall inform parents when personally identifiable information collected, maintained, or used under this part is no longer needed to provide educational services to the child.
(b) The information must be destroyed at the request of the parents. However, a permanent record of a student's name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.
Under § 300.573, the personally identifiable information on a child with a disability may be retained permanently unless the
The SEA shall include policies and procedures in its State plan regarding the extent to which children are afforded rights of privacy similar to those afforded to parents, taking into consideration the age of the child and type or severity of disability.
Under the regulations for the Family Educational Rights and Privacy Act of 1974 (34 CFR 99.5(a)), the rights of parents regarding education records are transferred to the student at age 18.
The SEA shall describe in its State plan the policies and procedures, including sanctions, that the State uses to ensure that its policies and procedures are followed and that the requirements of the Act and the regulations in this part are met.
If the Department or its authorized representatives collect any personally identifiable information regarding children with disabilities that is not subject to 5 U.S.C. 552a (The Privacy Act of 1974), the Secretary shall apply the requirements of 5 U.S.C. 552a (b)(1)-(2), (4)-(11); (c); (d); (e)(1); (2); (3)(A), (B), and (D), (5)-(10); (h); (m); and (n), and the regulations implementing those provisions in part 5b of this title.
Before disapproving a State plan, the Secretary gives the SEA written notice and an opportunity for a hearing.
(a) In the written notice, the Secretary—
(1) States the basis on which the Secretary proposes to disapprove the State plan;
(2) May describe possible options for resolving the issues;
(3) Advises the SEA that it may request a hearing and that the request for a hearing must be made not later than 30 calendar days after it receives the notice of proposed disapproval; and
(4) Provides information about the procedures followed for a hearing.
(b) The Secretary sends the written notice to the SEA by certified mail with return receipt requested.
(a) If the SEA requests a hearing, the Secretary designates one or more individuals, either from the Department or elsewhere, not responsible for or connected with the administration of this program, to conduct a hearing.
(b) If more than one individual is designated, the Secretary designates one of those individuals as the Chief Hearing Official of the Hearing Panel. If one individual is designated, that individual is the Hearing Official.
(a) As used in §§ 300.581-300.586 the term
(1) An SEA that requests a hearing regarding the proposed disapproval of its State plan under this part.
(2) The Department of Education official who administers the program of financial assistance under this part.
(3) A person, group or agency with an interest in and having relevant information about the case that has applied for and been granted leave to intervene by the Hearing Official or Panel.
(b) Within 15 calendar days after receiving a request for a hearing, the Secretary designates a Hearing Official or Panel and notifies the parties.
(c) The Hearing Official or Panel may regulate the course of proceedings and the conduct of the parties during the proceedings. The Hearing Official or Panel takes all steps necessary to conduct a fair and impartial proceeding, to avoid delay, and to maintain order, including the following:
(1) The Hearing Official or Panel may hold conferences or other types of appropriate proceedings to clarify, simplify, or define the issues or to consider other matters that may aid in the disposition of the case.
(2) The Hearing Official or Panel may schedule a prehearing conference of the Hearing Official or Panel and parties.
(3) Any party may request the Hearing Official or Panel to schedule a prehearing or other conference. The Hearing Official or Panel decides whether a conference is necessary and notifies all parties.
(4) At a prehearing or other conference, the Hearing Official or Panel and the parties may consider subjects such as—
(i) Narrowing and clarifying issues;
(ii) Assisting the parties in reaching agreements and stipulations;
(iii) Clarifying the positions of the parties;
(iv) Determining whether an evidentiary hearing or oral argument should be held; and
(v) Setting dates for—
(A) The exchange of written documents;
(B) The receipt of comments from the parties on the need for oral argument or evidentiary hearing;
(C) Further proceedings before the Hearing Official or Panel (including an evidentiary hearing or oral argument, if either is scheduled);
(D) Requesting the names of witnesses each party wishes to present at an evidentiary hearing and estimation of time for each presentation; or
(E) Completion of the review and the initial decision of the Hearing Official or Panel.
(5) A prehearing or other conference held under paragraph (b)(4) of this section may be conducted by telephone conference call.
(6) At a prehearing or other conference, the parties shall be prepared to discuss the subjects listed in paragraph (b)(4) of this section.
(7) Following a prehearing or other conference the Hearing Official or Panel may issue a written statement describing the issues raised, the action taken, and the stipulations and agreements reached by the parties.
(d) The Hearing Official or Panel may require parties to state their positions and to provide all or part of the evidence in writing.
(e) The Hearing Official or Panel may require parties to present testimony through affidavits and to conduct cross-examination through interrogatories.
(f) The Hearing Official or Panel may direct the parties to exchange relevant documents or information and lists of witnesses, and to send copies to the Hearing Official or Panel.
(g) The Hearing Official or Panel may receive, rule on, exclude, or limit evidence at any stage of the proceedings.
(h) The Hearing Official or Panel may rule on motions and other issues at any stage of the proceedings.
(i) The Hearing Official or Panel may examine witnesses.
(j) The Hearing Official or Panel may set reasonable time limits for submission of written documents.
(k) The Hearing Official or Panel may refuse to consider documents or other submissions if they are not submitted in a timely manner unless good cause is shown.
(l) The Hearing Official or Panel may interpret applicable statutes and regulations but may not waive them or rule on their validity.
(m)(1) The parties shall present their positions through briefs and the submission of other documents and may request an oral argument or evidentiary hearing. The Hearing Official or Panel shall determine whether an
(2) The Hearing Official or Panel gives each party an opportunity to be represented by counsel.
(n) If the Hearing Official or Panel determines that an evidentiary hearing would materially assist the resolution of the matter, the Hearing Official or Panel gives each party, in addition to the opportunity to be represented by counsel—
(1) An opportunity to present witnesses on the party's behalf; and
(2) An opportunity to cross-examine witnesses either orally or with written questions.
(o) The Hearing Official or Panel accepts any evidence that it finds is relevant and material to the proceedings and is not unduly repetitious.
(p)(1) The Hearing Official or Panel—
(i) Arranges for the preparation of a transcript of each hearing;
(ii) Retains the original transcript as part of the record of the hearing; and
(iii) Provides one copy of the transcript to each party.
(2) Additional copies of the transcript are available on request and with payment of the reproduction fee.
(q) Each party shall file with the Hearing Official or Panel all written motions, briefs, and other documents and shall at the same time provide a copy to the other parties to the proceedings.
(a) The Hearing Official or Panel prepares an initial written decision that addresses each of the points in the notice sent by the Secretary to the SEA under § 300.582.
(b) The initial decision of a Panel is made by a majority of Panel members.
(c) The Hearing Official or Panel mails by certified mail with return receipt requested a copy of the initial decision to each party (or to the party's counsel) and to the Secretary, with a notice stating that each party has an opportunity to submit written comments regarding the decision to the Secretary.
(d) Each party may file comments and recommendations on the initial decision with the Hearing Official or Panel within 15 calendar days of the date the party receives the Panel's decision.
(e) The Hearing Official or Panel sends a copy of a party's initial comments and recommendations to the other parties by certified mail with return receipt requested. Each party may file responsive comments and recommendations with the Hearing Official or Panel within seven calendar days of the date the party receives the initial comments and recommendations.
(f) The Hearing Official or Panel forwards the parties’ initial and responsive comments on the initial decision to the Secretary who reviews the initial decision and issues a final decision.
(g) The initial decision of the Hearing Official or Panel becomes the final decision of the Secretary unless, within 25 calendar days after the end of the time for receipt of written comments, the Secretary informs the Hearing Official or Panel and the parties to a hearing in writing that the decision is being further reviewed for possible modification.
(h) The Secretary may reject or modify the initial decision of the Hearing Official or Panel if the Secretary finds that it is clearly erroneous.
(i) The Secretary conducts the review based on the initial decision, the written record, the Hearing Official's or Panel's proceedings, and written comments. The Secretary may remand the matter for further proceedings.
(j) The Secretary issues the final decision within 30 calendar days after notifying the Hearing Official or Panel that the initial decision is being further reviewed.
(a) Any written submission under §§ 300.582-300.585 must be filed by hand-delivery, by mail, or by facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages.
(b) The filing date under paragraph (a) of this section is the date the document is—
(1) Hand-delivered;
(2) Mailed; or
(3) Sent by facsimile transmission.
(c) A party filing by facsimile transmission is responsible for confirming that a complete and legible copy of the document was received by the Department.
(d) If a document is filed by facsimile transmission, the Secretary, the Hearing Official, or the Panel, as applicable, may require the filing of a follow-up hard copy by hand-delivery or by mail within a reasonable period of time.
(e) If agreed upon by the parties, service of a document may be made upon the other party by facsimile transmission.
If a State is dissatisfied with the Secretary's final action with respect to its State plan, the State may, within 60 calendar days after notice of that action, file a petition for review with the United States court of appeals for the circuit in which the State is located.
(a) Under sections 613(a)(9)(B) and 614(a)(2)(B)(ii) of the Act, SEAs and LEAs must ensure that Federal funds provided under this part are used to supplement and increase the level of Federal, State, and local funds (including funds that are not under the direct control of SEAs or LEAs) expended for special education and related services provided to children with disabilities under this part and in no case to supplant those Federal, State, and local funds. The nonsupplanting requirement applies only to funds allocated to LEAs (See § 300.372).
(b) If the State provides clear and convincing evidence that all children with disabilities have FAPE available to them, the Secretary may waive in part the requirement under sections 613(a)(9)(B) and 614(a)(2)(B)(ii) of the Act if the Secretary concurs with the evidence provided by the State.
(c) If a State wishes to request a waiver, it must inform the Secretary in writing. The Secretary then provides the State with a finance and membership report form that provides the basis for the request.
(d) In its request for a waiver, the State shall include the results of a special study made by the State to obtain evidence of the availability of FAPE to all children with disabilities. The special study must include statements by a representative sample of organizations that deal with children with disabilities, and parents and teachers of children with disabilities, relating to the following areas—
(1) The adequacy and comprehensiveness of the State's system for identifying, locating, and evaluating children with disabilities;
(2) The cost to parents, if any, for education for children enrolled in public and private day schools, and in public and private residential schools and institutions; and
(3) The adequacy of the State's due process procedures.
(e) In its request for a waiver, the State shall include finance data relating to the availability of FAPE for all children with disabilities, including—
(1) The total current expenditures for regular education programs and special education programs by function and by source of funds (State, local, and Federal) for the previous school year; and
(2) The full-time equivalent membership of students enrolled in regular programs and in special programs in the previous school year.
(f) The Secretary considers the information that the State provides under paragraphs (d) and (e) of this section, along with any additional information he may request, or obtain through on-site reviews of the State's education programs and records, to determine if all children have FAPE available to them, and if so, the extent of the waiver.
(g) The State may request a hearing with regard to any final action by the Secretary under this section.
(a) The SEA is responsible for ensuring—
(1) That the requirements of this part are carried out; and
(2) That each educational program for children with disabilities administered within the State, including each program administered by any other public agency—
(i) Is under the general supervision of the persons responsible for educational programs for children with disabilities in the SEA; and
(ii) Meets the education standards of the SEA (including the requirements of this part).
(b) The State must comply with paragraph (a) of this section through State statute, State regulation, signed agreement between respective agency officials, or other documents.
(c) This part may not be construed to limit the responsibility of agencies other than educational agencies for providing or paying some or all of the costs of FAPE to children with disabilities in the State.
The requirement in § 300.600(a) is taken essentially verbatim from section 612(6) of the statute and reflects the desire of the Congress for a central point of responsibility and accountability in the education of children with disabilities within each State. With respect to SEA responsibility, the Senate Report on Pub. L. 94-142 includes the following statements:
This provision is included specifically to assure a single line of responsibility with regard to the education of handicapped children, and to assure that in the implementation of all provisions of this Act and in carrying out the right to education for handicapped children, the State educational agency shall be the responsible agency * * *.
Without this requirement, there is an abdication of responsibility for the education of handicapped children. Presently, in many States, responsibility is divided, depending upon the age of the handicapped child, sources of funding, and type of services delivered. While the Committee understands that different agencies may, in fact, deliver services, the responsibility must remain in a central agency overseeing the education of handicapped children, so that failure to deliver services or the violation of the rights of handicapped children is squarely the responsibility of one agency. (S. Rep. No. 94-168, p. 24 (1975))
In meeting the requirements of this section, there are a number of acceptable options that may be adopted, including the following:
(1) Written agreements are developed between respective State agencies concerning SEA standards and monitoring. These agreements are binding on the local or regional counterparts of each State agency.
(2) The Governor's Office issues an administrative directive establishing the SEA responsibility.
(3) State law, regulation, or policy designates the SEA as responsible for establishing standards for all educational programs for individuals with disabilities, and includes responsibility for monitoring.
(4) State law mandates that the SEA is responsible for all educational programs.
This part may not be construed to permit a State to reduce medical and other assistance available to children with disabilities, or to alter the eligibility of a child with a disability, under title V (Maternal and Child Health) or title XIX (Medicaid) of the Social Security Act, to receive services that are also part of FAPE.
A State may use five percent of the total State allotment in any fiscal year under part B of the Act, or $450,000,
(a) The SEA may use funds under § 300.620 for—
(1) Administration of the State plan and for planning at the State level, including planning, or assisting in the planning, of programs or projects for the education of children with disabilities;
(2) Approval, supervision, monitoring, and evaluation of the effectiveness of local programs and projects for the education of children with disabilities;
(3) Technical assistance to LEAs with respect to the requirements of this part;
(4) Leadership services for the program supervision and management of special education activities for children with disabilities; and
(5) Other State leadership activities and consultative services.
(b) The SEA shall use the remainder of its funds under § 300.620 in accordance with § 300.370.
(a) Each State shall establish, in accordance with the provisions of §§ 300.650-300.653, a State advisory panel on the education of children with disabilities.
(b) The advisory panel must be appointed by the Governor or any other official authorized under State law to make those appointments.
(c) If a State has an existing advisory panel that can perform the functions in § 300.652, the State may modify the existing panel so that it fulfills all of the requirements of §§ 300.650-300.653, instead of establishing a new advisory panel.
(a) The membership of the State advisory panel must be composed of persons involved in or concerned with the education of children with disabilities. The membership must include at least one person representative of each of the following groups—
(1) Individuals with disabilities;
(2) Teachers of children with disabilities;
(3) Parents of children with disabilities;
(4) State and local educational officials; and
(5) Special education program administrators.
(b) The State may expand the advisory panel to include additional persons in the groups listed in paragraph (a) of this section and representatives of other groups not listed.
The membership of the State advisory panel, as listed in paragraphs (a)(1)-(5) of this section, is required in section 613(a)(12) of the Act. As indicated in paragraph (b) of this section, the composition of the panel and the number of members may be expanded at the discretion of the State. In adding to the membership, consideration could be given to having—
(1) An appropriate balance between professional groups and consumers (i.e., parents, advocates, and individuals with disabilities);
(2) Broad representation within the consumer-advocate groups, to ensure that the interests and points of view of various parents, advocates and individuals with disabilities are appropriately represented;
(3) Broad representation within professional groups (e.g., regular education personnel: special educators, including teachers, teacher trainers, and administrators, who can properly represent various dimensions in the education of children with disabilities; and appropriate related services personnel); and
(4) Representatives from other State advisory panels (such as vocational education).
If a State elects to maintain a small advisory panel (e.g., 10-15 members), the panel itself could take steps to ensure that it (1) consults with and receives inputs from various consumer and special interest professional groups, and (2) establishes committees for particular short-term purposes composed of representatives from those input groups.
The State advisory panel shall—
(a) Advise the SEA of unmet needs within the State in the education of children with disabilities;
(b) Comment publicly on the State plan and rules or regulations proposed for issuance by the State regarding the education of children with disabilities and the procedures for distribution of funds under this part; and
(c) Assist the State in developing and reporting such information and evaluations as may assist the Secretary in the performance of his responsibilities under section 618 of the Act.
(a) The advisory panel shall meet as often as necessary to conduct its business.
(b) By July 1 of each year, the advisory panel shall submit an annual report of panel activities and suggestions to the SEA. This report must be made available to the public in a manner consistent with other public reporting requirements of this part.
(c) Official minutes must be kept on all panel meetings and shall be made available to the public on request.
(d) All advisory panel meetings and agenda items must be publicly announced prior to the meeting, and meetings must be open to the public.
(e) Interpreters and other necessary services must be provided at panel meetings for panel members or participants. The State may pay for these services from funds under § 300.620.
(f) The advisory panel shall serve without compensation but the State must reimburse the panel for reasonable and necessary expenses for attending meetings and performing duties. The State may use funds under § 300.620 for this purpose.
Each SEA shall adopt written procedures for:
(a) Resolving any complaint that meets the requirements of § 300.662 by—
(1) Providing for the filing of a complaint with the SEA; and
(2) At the SEA's discretion, providing for the filing of a complaint with a public agency and the right to have the SEA review the public agency's decision on the complaint.
(b) Informing parents and other interested individuals about the procedures in §§ 300.660-300.662.
Each SEA shall include the following in its complaint procedures:
(a) A time limit of 60 calendar days after a complaint is filed under § 300.660(a) to—
(1) Carry out an independent on-site investigation, if the SEA determines that such an investigation is necessary;
(2) Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;
(3) Review all relevant information and make an independent determination as to whether the public agency is violating a requirement of part B of the Act or of this part; and
(4) Issue a written decision to the complainant that addresses each allegation in the complaint and contains—
(i) Findings of fact and conclusions; and
(ii) The reasons for the SEA's final decision.
(b) An extension of the time limit under paragraph (a) of this section only if exceptional circumstances exist with respect to a particular complaint.
(c) Procedures for effective implementation of the SEA's final decision, if needed, including technical assistance activities, negotiations, and corrective actions to achieve compliance.
(d) The right of the complainant or the public agency to request the Secretary to review the SEA's final decision.
An organization or individual may file a signed written complaint under the procedures described in §§ 300.600-300.661. The complaint must include—
(a) A statement that a public agency has violated a requirement of part B of the Act or of this part; and
(b) The facts on which the statement is based.
For the purposes of § 300.701, § 300.702, and §§ 300.704-300.708, the term
(a) The Secretary calculates the maximum amount of the grant to which a State is entitled under section 611 of the Act in any fiscal year as follows:
(1) If the State is eligible for a grant under section 619 of the Act, the maximum entitlement is equal to the number of children with disabilities aged 3 through 21 in the State who are receiving special education and related services, multiplied by 40 percent of the average per pupil expenditure in public elementary and secondary schools in the United States.
(2) If the State is not eligible for a grant under section 619 of the Act, the maximum entitlement is equal to the number of children with disabilities aged 6 through 21 in the State who are receiving special education and related services, multiplied by 40 percent of the average per pupil expenditure in public elementary and secondary schools in the United States.
(b) [Reserved]
(c) For the purposes of this section, the
(a) In determining the amount of a grant under § 300.701:
(1) If a State serves all children with disabilities aged 3 through 5 in the State, the Secretary does not count children with disabilities aged 3 through 17 in the State to the extent that the number of those children is greater than 12 percent of the number of all children aged 3 through 17 in the State.
(2) If a State does not serve all children with disabilities aged 3 through 5 in the State, the Secretary does not count children with disabilities aged 5
(3) The Secretary does not count children with disabilities who are counted under subpart 2 of part D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965.
(b) For the purposes of paragraph (a) of this section, the number of children aged 3 through 17 and 5 through 17 in any State is determined by the Secretary on the basis of the most recent satisfactory data available.
(a)
(b)
(2) The amounts available under paragraph (a) of this section, or any amount that would be available to any other LEA if it were to submit an application meeting the requirements of this part, that the SEA determines will not be used for the period of its availability shall be available for allocation to those LEAs, in the manner provided in § 300.707, that the SEA determines will need and be able to use additional funds to carry out approved programs.
No State shall receive less than the amount it received under part B of the Act for fiscal year 1977.
In determining the allocation under §§ 300.700-300.703 of a State in which the Secretary will implement a by-pass for private school children with disabilities under §§ 300.451-300.486, the Secretary includes in the State's child count—
(a) For the first year of a by-pass, the actual or estimated number of private school children with disabilities (as defined in §§ 300.7(a) and 300.450) in the State, as of the preceding December 1; and
(b) For succeeding years of a by-pass, the number of private school children with disabilities who received special education and related services under the by-pass in the preceding year.
Of the funds received under § 300.701 by any State for fiscal year 1979, and for each fiscal year after fiscal year 1979—
(a) 25 percent may be used by the State in accordance with § 300.620 and § 300.370; and
(b) 75 percent shall be distributed to the LEAs in the State in accordance with § 300.707.
From the total amount of funds available to all LEAs, each LEA is entitled to an amount that bears the same ratio to the total amount as the number of children with disabilities aged 3 through 21 in that agency who are receiving special education and related services bears to the aggregate
If an SEA determines that an LEA is adequately providing FAPE to all children with disabilities residing in the area served by the local agency with State and local funds otherwise available to the local agency, the SEA may reallocate funds (or portions of those funds that are not required to provide special education and related services) made available to the local agency under § 300.707, to other LEAs within the State that are not adequately providing special education and related services to all children with disabilities residing in the areas served by the other LEAs.
(a)
(2) In the case of Indian students aged 3 through 5 who are enrolled in programs affiliated with Bureau of Indian Affairs (BIA) schools that are required by the States in which the schools are located to attain or maintain State accreditation and had State accreditation prior to October 7, 1991, the schools may count those children for the purpose of distribution of the funds provided under paragraph (a)(1) of this section to the Secretary of the Interior.
(3) The amount of the payment under paragraph (a)(1) of this section for any fiscal year is one percent of the aggregate amounts available to all States under this part for that fiscal year.
(b)
(a)
(2) The amount of the payment under paragraph (b)(1) of this section for any fiscal year is .25 percent of the aggregate amounts available for all States under this part for that fiscal year.
(3) None of the funds allocated under this section may be used by the Secretary of the Interior for administrative purposes, including child count, and the provision of technical assistance.
(b)
(a) The jurisdictions to which this section applies are Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau, (until the Compact of
(b) Each jurisdiction under paragraph (a) of this section is entitled to a grant for the purposes set forth in section 601(c) of the Act. The amount to which those jurisdictions are so entitled for any fiscal year shall not exceed an amount equal to 1 percent of the aggregate of the amounts available to all States under this part for that fiscal year. Funds appropriated for those jurisdictions shall be allocated proportionately among them on the basis of the number of children aged 3 through 21 in each jurisdiction. However, no jurisdiction shall receive less than $150,000, and other allocations shall be ratably reduced if necessary to ensure that each jurisdiction receives at least that amount.
(c) The amount expended for administration by each jurisdiction under this section shall not exceed 5 percent of the amount allotted to the jurisdiction for any fiscal year, or $35,000, whichever is greater.
(a) The SEA shall report to the Secretary no later than February 1 of each year the number of children with disabilities aged 3 through 21 residing in the State who are receiving special education and related services.
(b) The SEA shall submit the report on forms provided by the Secretary.
It is very important to understand that this report and the requirements that relate to it are solely for allocation purposes. The population of children the State may count for allocation purposes may differ from the population of children to whom the State must make FAPE available. For example, while section 611(a)(5) of the Act limits the number of children who may be counted for allocation purposes to 12 percent of the general school population aged 3 through 17 (in States that serve all children with disabilities aged 3 through 5) or 5 through 17 (in States that do not serve all children with disabilities aged 3 through 5), a State might find that 14 percent (or some other percentage) of its children have disabilities. In that case, the State must make FAPE available to all of those children with disabilities.
(a) In its report, the SEA shall include a table that shows—
(1) The number of children with disabilities receiving special education and related services on December 1 of that school year;
(2) The number of children with disabilities aged 3 through 5 who are receiving FAPE;
(3) The number of those children with disabilities aged 6 through 21 within each disability category, as defined in the definition of “children with disabilities” in § 300.7; and
(4) The number of those children with disabilities aged 3 through 21 for each year of age (3, 4, 5, etc.).
(b) For the purpose of this part, a child's age is the child's actual age on the date of the child count: December 1.
(c) The SEA may not report a child aged 6 through 21 under more than one disability category.
(d) If a child with a disability aged 6 through 21 has more than one disability, the SEA shall report that child in accordance with the following procedure:
(1) A child with deaf-blindness must be reported under the category “deaf-blindness.”
(2) A child who has more than one disability (other than deaf-blindness) must be reported under the category “multiple disabilities.”
The SEA shall include in its report a certification signed by an authorized official of the agency that the information provided is an accurate and unduplicated count of children with disabilities receiving special education and related services on the dates in question.
(a) The SEA may include in its report children with disabilities who are enrolled in a school or program that is operated or supported by a public agency, and that either—
(1) Provides them with both special education and related services; or
(2) Provides them only with special education if they do not need related services to assist them in benefitting from that special education.
(b) The SEA may not include children with disabilities in its report who—
(1) Are not enrolled in a school or program operated or supported by a public agency;
(2) Are not provided special education that meets State standards;
(3) Are not provided with a related service that they need to assist them in benefitting from special education;
(4) Are counted by a State agency under subpart 2 of part D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965; or
(5) Are receiving special education funded solely by the Federal Government. However, the State may count children covered under § 300.186(b).
1: Under paragraph (a) of this section, the State may count children with disabilities in a Head Start or other preschool program operated or supported by a public agency if those children are provided special education that meets State standards.
2: Special education, by statutory definition, must be at no cost to parents. As of September 1, 1978, under the FAPE requirement, both special education and related services must be at no cost to parents.
There may be some situations, however, where a child receives special education from a public source at no cost, but whose parents pay for the basic or regular education. This child may be counted. The Department expects that there would only be limited situations where special education would be clearly separate from regular education—generally, where speech services is the only special education required by the child. For example, the child's parents may have enrolled the child in a regular program in a private school, but the child might be receiving speech services in a program funded by the LEA. Allowing these children to be counted will provide incentives (in addition to complying with the legal requirement in section 613(a)(4)(A) of the Act regarding private schools) to public agencies to provide services to children enrolled by their parents in private schools, since funds are generated in part on the basis of the number of children provided special education and related services. Agencies should understand, however, that if a public agency places or refers a child with a disability to a public or private school for educational purposes, special education includes the entire educational program provided to the child. In that case, parents may not be charged for any part of the child's education.
A State may not count Indian children on or near reservations and children on military facilities if it provides them no special education. If an SEA or LEA is responsible for serving these children, and does provide them special education and related services, they may be counted.
In addition to meeting the other requirements of §§ 300.750-300.753, the SEA shall—
(a) Establish procedures to be used by LEAs and other educational institutions in counting the number of children with disabilities receiving special education and related services;
(b) Set dates by which those agencies and institutions must report to the SEA to ensure that the State complies with § 300.750(a);
(c) Obtain certification from each agency and institution that an unduplicated and accurate count has been made;
(d) Aggregate the data from the count obtained from each agency and institution, and prepare the reports required under §§ 300.750-300.753; and
(e) Ensure that documentation is maintained that enables the State and the Secretary to audit the accuracy of the count.
States should note that the data required in the annual report of children served are not to be transmitted to the Secretary in personally identifiable form. States are encouraged to collect these data in non-personally identifiable form.
I. Purpose of the IEP
II. IEP Requirements
1. Who is responsible for ensuring the development of IEPs for children with disabilities served by a public agency other than an LEA?
2. For a child placed out of State by a public agency, is the placing or receiving State responsible for the child's IEP?
3. In requiring that an IEP be in effect before special education and related services are provided, what does “be in effect” mean?
4. How much of a delay is permissible between the time an IEP of a child with a disability is finalized and when special education is provided?
5. For a child with a disability receiving special education for the first time, when must an IEP be developed—before placement or after placement?
6. If a child with a disability has been receiving special education in one LEA and moves to another community, must the new LEA hold an IEP meeting before the child is placed in a special education program?
7. What is the purpose of the 30 day timeline in § 300.343(c)?
8. Must the agency hold a separate meeting to determine a child's eligibility for special education and related services, or can this step be combined with the IEP meeting?
9. Must IEPs be reviewed or revised at the beginning of each school year?
10. How frequently must IEP meetings be held and how long should they be?
11. Who can initiate IEP meetings?
12. May IEP meetings be tape-recorded?
13. Who can serve as the representative of the public agency at an IEP meeting?
14. Who is the representative of the public agency if a child with a disability is served by a public agency other than the SEA or LEA?
15. For a child with a disability being considered for initial placement in special education, which teacher should attend the IEP meeting?
16. If a child with a disability is enrolled in both regular and special education classes, which teacher should attend the IEP meeting?
17. If a child with a disability in high school attends several regular classes, must all of the child's regular teachers attend the IEP meeting?
18. If a child's primary disability is a speech impairment, must the child's regular teacher attend the IEP meeting?
19. If a child is enrolled in a special education class because of a primary disability and also receives speech-language pathology services, must both specialists attend the IEP meeting?
20. When may representatives of teacher organizations attend IEP meetings?
21. When may a child with a disability attend an IEP meeting?
22. Do the parents of a student with a disability retain the right to attend the IEP meeting when the student reaches the age of majority?
23. Must related services personnel attend IEP meetings?
24. Are agencies required to use a case manager in the development of an IEP for a child with a disability?
25. For a child with a suspected speech impairment, who must represent the evaluation team at the IEP meeting?
26. What is the role of the parents at an IEP meeting?
27. What is the role of a surrogate parent at an IEP meeting?
28. Must the public agency let the parents know who will be at the IEP meeting?
29. Are parents required to sign IEPs?
30. If the parent signs the IEP, does the signature indicate consent for initial placement?
31. Do parents have the right to a copy of their child's IEP?
32. Must parents be informed at the IEP meeting of their right to appeal?
33. Does the IEP include ways for parents to check the progress of their children?
34. Must IEPs include specific checkpoint intervals for parents to confer with teachers and to revise or update their children's IEPs?
35. If the parents and agency are unable to reach agreement at an IEP meeting, what steps should be followed until agreement is reached?
36. What should be included in the statement of the child's present levels of educational performance?
37. Why are goals and objectives required in the IEP?
38. What are annual goals in an IEP?
39. What are short term instructional objectives in an IEP?
40. Should the IEP goals and objectives focus only on special education and related services, or should they relate to the total education of the child?
41. Should there be a relationship between the goals and objectives in the IEP and those that are in the instructional plans of special education personnel?
42. When must IEP objectives be written—before placement or after placement?
43. Can short term instructional objectives be changed without initiating another IEP meeting?
44. Must the IEP include all special education and related services needed by the child or only those available from the public agency?
45. Is the IEP a commitment to provide services—i.e., must a public agency provide all of the services listed in the IEP?
46. Must the public agency itself directly provide the services set out in the IEP?
47. Does the IEP include only special education and related services or does it describe the total education of the child?
48. If modifications are necessary for a child with a disability to participate in a regular education program, must they be included in the IEP?
49. When must physical education (PE) be described or referred to in an IEP?
50. If a child with a disability is to receive vocational education, must it be described or referred to in the student's IEP?
51. Must the IEP specify the amount of services or may it simply list the services to be provided?
52. Must an IEP for a child with a disability indicate the extent that the child will be educated in the regular educational program?
53. Can the anticipated duration of services be for more than twelve months?
54. Must the evaluation procedures and schedules be included as a separate item in the IEP?
55. Is it permissible for an agency to have the IEP completed when the IEP meeting begins?
56. Is there a prescribed format or length for an IEP?
57. Is it permissible to consolidate the IEP with the individualized service plan developed under another Federal program?
58. What provisions on confidentiality of information apply to IEPs?
59. If placement decisions are made at the time the IEP is developed, how can a private school representative attend the meeting?
60. Is the IEP a performance contract?
There are two main parts of the IEP requirement, as described in the Act and regulations: (1) The IEP meeting(s), where parents and school personnel jointly make decisions about an educational program for a child with a disability, and (2) the IEP document itself, that is, a written record of the decisions reached at the meeting. The overall IEP requirement, comprised of these two parts, has a number of purposes and functions:
a. The IEP meeting serves as a communication vehicle between parents and school personnel, and enables them, as equal participants, to jointly decide what the child's needs are, what services will be provided to meet those needs, and what the anticipated outcomes may be.
b. The IEP process provides an opportunity for resolving any differences between the parents and the agency concerning the special education needs of a child with a disability; first, through the IEP meeting, and second, if necessary, through the procedural protections that are available to the parents.
c. The IEP sets forth in writing a commitment of resources necessary to enable a child with a disability to receive needed special education and related services.
d. The IEP is a management tool that is used to ensure that each child with a disability is provided special education and related services appropriate to the child's special learning needs.
e. The IEP is a compliance/monitoring document that may be used by authorized monitoring personnel from each governmental level to determine whether a child with a disability is actually receiving the FAPE agreed to by the parents and the school.
f. The IEP serves as an evaluation device for use in determining the extent of the child's progress toward meeting the projected outcomes.
The Act does not require that teachers or other school personnel be held accountable if a child with a disability does not achieve the goals and objectives set forth in the IEP. See § 300.350, Individualized education program—accountability.
This part (1) repeats the IEP requirements in §§ 300.340-300.350 of the regulations (boxed material), (2) provides additional clarification, as necessary, on sections or paragraphs of the regulations on which such clarification is needed, and (3) answers some questions regarding implementation of the IEP requirements that are not expressly addressed in the regulations. These questions and clarifying information are presented in a question and answer format immediately after the particular section of the regulations that is presented.
(a) As used in this part, the term
(b) As used in §§ 300.346 and 300.347,
(a)
(b)
(1) Is placed in or referred to a private school or facility by a public agency; or
(2) Is enrolled in a parochial school or other private school and receives special education or related services from a public agency.
This section applies to all public agencies, including other State agencies (e.g., departments of mental health and welfare) that provide special education to a child with a disability either directly, by contract or through other arrangements. Thus, if a State welfare agency contracts with a private school or facility to provide special education to a child with a disability, that agency would be responsible for ensuring that an IEP is developed for the child.
1. Who is responsible for ensuring the development of IEPs for children with disabilities served by a public agency other than an LEA?
The answer will vary from State to State, depending upon State law, policy, or practice. In each State, however, the SEA is ultimately responsible for ensuring that each agency in the State is in compliance with the IEP requirements and the other provisions of the Act and regulations. (See § 300.600 regarding SEA responsibility for all education programs.)
The SEA must ensure that every child with a disability in the State has FAPE available, regardless of which agency, State or local, is responsible for the child. While the SEA has flexibility in deciding the best means to meet this obligation (e.g., through interagency agreements), there can be no failure to provide FAPE due to jurisdictional disputes among agencies.
Section 300.2(b) states that the requirements of the Act and regulations apply to all political subdivisions of the State that are involved in the education of children with disabilities, including (1) the SEA, (2) LEAs, (3) other State agencies (such as Departments of Mental Health and Welfare, and State schools for students with deafness or students with blindness), and (4) State correctional facilities.
The following paragraphs outline (1) some of the SEA's responsibilities for developing policies or agreements under a variety of interagency situations, and (2) some of the responsibilities of an LEA when it initiates the placement of a child with a disability in a school or program operated by another State agency:
a. SEA POLICIES OR INTERAGENCY AGREEMENTS. The SEA, through its written policies or agreements, must ensure that IEPs are properly written and implemented for all children with disabilities in the State. This applies to each interagency situation that exists in the State, including any of the following:
(1) When an LEA initiates the placement of a child in a school or program operated by another State agency (see “LEA-Initiated Placements” in paragraph “b”, below); (2) when a State or local agency other than the SEA or LEA places a child in a residential facility or other program; (3) when parents initiate placements in public institutions; and (4) when the courts make placements in correctional facilities.
This is not an exhaustive list. The SEA's policies must cover any other interagency situation that is applicable in the State, including placements that are made for both educational and for non-educational purposes.
Frequently, more than one agency is involved in developing or implementing an IEP of a child with a disability (e.g., when the LEA remains responsible for the child, even though another public agency provides the special education and related services, or when there are shared cost arrangements). It is important that SEA policies or agreements define the role of each agency involved in the situations described above, in order to resolve any jurisdictional problems that could delay the provision of FAPE to a child with a disability. For example, if a child is placed in a residential facility, any one or all of the following agencies might be involved in the development and/or implementation of the child's IEP: The child's LEA, the SEA, another State agency, an institution or school under that agency, and the LEA where the institution is located.
The SEA must also ensure that any agency involved in the education of a child with a disability is in compliance with the LRE provisions of the Act and regulations, and, specifically, with the requirement that the placement of each child with a disability (1) be determined at least annually, (2) be based on the child's IEP, and (3) be as close as possible to the child's home (§ 300.552(a), Placements.)
b. LEA-INITIATED PLACEMENTS. When an LEA is responsible for the education of a child with a disability, the LEA is also responsible for developing the child's IEP. The LEA has this responsibility even if development of the IEP results in placement in a State-operated school or program.
The IEP must be developed before the child is placed. (See Question 5, below.) When placement in a State-operated school is necessary, the affected State agency or agencies must be involved by the LEA in the development of the IEP. (See response to Question 59, below, regarding participation of a private school representative at the IEP meeting.)
After the child enters the State school, meetings to review or revise the child's IEP could be conducted by either the LEA or the State school, depending upon State law, policy, or practice. However, both agencies should be involved in any decisions made about the child's IEP (either by attending the IEP meetings, or through correspondence or telephone calls). There must be a clear decision, based on State law, as to whether responsibility for the child's education is transferred to the State school or remains with the LEA, since this decision determines which agency is responsible for reviewing or revising the child's IEP.
2. For a child placed out of State by a public agency, is the placing or receiving State responsible for the child's IEP?
The “placing” State is responsible for developing the child's IEP and ensuring that it is implemented. The determination of the specific agency in the placing State that is responsible for the child's IEP would be based on State law, policy, or practice. However, as indicated in Question 1, above, the SEA in the placing State is responsible for ensuring that the child has FAPE available.
(a) At the beginning of each school year, each public agency shall have in effect an IEP for every child with a disability who is receiving special education from that agency.
(b) An IEP must—
(1) Be in effect before special education and related services are provided to a child; and
(2) Be implemented as soon as possible following the meetings under § 300.343.
Under paragraph (b)(2) of this section, it is expected that the IEP of a child with a disability will be implemented immediately following the meetings under § 300.343. An exception to this would be (1) when the meetings occur during the summer or a vacation period, or (2) where there are circumstances that require a short delay (e.g., working out transportation arrangements). However, there can be no undue
3. In requiring that an IEP be in effect before special education and related services are provided, what does “be in effect” mean?
As used in the regulations, the term
4. How much of a delay is permissible between the time an IEP of a child with a disability is finalized and when special education is provided?
In general, no delay is permissible. It is expected that the special education and related services set out in a child's IEP will be provided by the agency beginning immediately after the IEP is finalized. The Note following § 300.342 identifies some exceptions ((1) when the meetings occur during the summer or other vacation period, or (2) when there are circumstances that require a short delay, such as working out transportation arrangements). However, unless otherwise specified in the IEP, the IEP services must be provided as soon as possible following the meeting.
Section 300.346(a)(4) requires that the IEP include the projected dates for initiation of services.
5. For a child with a disability receiving special education for the first time, when must an IEP be developed — before placement or after placement?
An IEP must be in effect before special education and related services are provided to a child. (§ 300.342(b)(1), emphasis added.) The appropriate placement for a given child with a disability cannot be determined until after decisions have been made about what the child's needs are and what will be provided. Since these decisions are made at the IEP meeting, it would not be permissible to first place the child and then develop the IEP. Therefore, the IEP must be developed before placement. The above requirement does not preclude temporarily placing an eligible child with a disability in a program as part of the evaluation process—before the IEP is finalized—to aid in determining the most appropriate placement for the child. It is essential that the temporary placement not become the final placement before the IEP is finalized. In order to ensure that this does not happen, the State might consider requiring LEAs to take the following actions:
a. Develop an interim IEP for the child that sets out the specific conditions and timelines for the trial placement. (See paragraph “c”, below.)
b. Ensure that the parents agree to the interim placement before it is carried out, and that they are involved throughout the process of developing, reviewing, and revising the child's IEP.
c. Set a specific timeline (e.g., 30 days) for completing the evaluation and making judgments about the most appropriate placement for the child.
d. Conduct an IEP meeting at the end of the trial period in order to finalize the child's IEP.
Once the IEP of the child with a disability is in effect and the child is placed in a special education program, the teacher might develop detailed lesson plans or objectives based on the IEP. However, these lesson plans and objectives are not required to be a part of the IEP itself. (See Questions 3743, below, regarding IEP goals and objectives.)
6. If a child with a disability has been receiving special education in one LEA and moves to another community, must the new LEA hold an IEP meeting before the child is placed in a special education program?
It would not be necessary for the new LEA to conduct an IEP meeting if:
(1) A copy of the child's current IEP is available; (2) the parents indicate that they are satisfied with the current IEP; and (3) the new LEA determines that the current IEP is appropriate and can be implemented as written.
If the child's current IEP is not available, or if either the LEA or the parent believes that it is not appropriate, an IEP meeting would have to be conducted. This meeting should take place within a short time after the child enrolls in the new LEA (normally, within one week).
The child must be placed in a special education program immediately after the IEP is finalized. (See Question 4, above.)
If the LEA or the parents believe that additional information is needed (e.g., the school records from the former LEA) or that a new evaluation is necessary before a final placement decision can be made, it would be permissible to temporarily place the child in an interim program before the IEP is finalized. (See Question 5, above.)
(a)
(b) [Reserved]
(c)
(d)
The date on which agencies must have IEPs in effect is specified in § 300.342 (the beginning of each school year). However, except for new children with disabilities (i.e., those evaluated and determined to need special education and related services for the first time), the timing of meetings to develop, review, and revise IEPs is left to the discretion of each agency. In order to have IEPs in effect at the beginning of the school year, agencies could hold meetings either at the end of the preceding school year or during the summer prior to the next school year. Meetings may be held any time throughout the year, as long as IEPs are in effect at the beginning of each school year.
The statute requires agencies to hold a meeting at least once each year in order to review and, if appropriate, revise each child's IEP. The timing of those meetings could be on the anniversary date of the child's last IEP meeting, but this is left to the discretion of the agency.
7. What is the purpose of the 30 day timeline in § 300.343(c)?
The 30 day timeline in § 300.343(c) ensures that there will not be a significant delay between the time a child is evaluated and when the child begins to receive special education. Once it is determined—through the evaluation—that a child has a disability, the public agency has up to 30 days to hold an IEP meeting.
See Questions 4 and 5, above, regarding finalization of IEP and placement of the child.
8. Must the agency hold a separate meeting to determine a child's eligibility for special education and related services, or can this step be combined with the IEP meeting?
Paragraph (e) of § 300.532 (Evaluation procedures) provides that the evaluation of each child with a disability must be “made by a multidisciplinary team or group of persons * * *”. The decisions regarding (1) whether the team members actually meet together, and (2) whether such meetings are separate from the IEP meeting are matters that are left to the discretion of State or local agencies.
In practice, some agencies hold separate eligibility meetings with the multidisciplinary team before the IEP meeting.
When separate meetings are conducted, placement decisions would be made at the IEP meeting. However, placement options could be discussed at the eligibility meeting.
Other agencies combine the two steps into one. If a combined meeting is conducted, the public agency must include the parents as participants at the meeting. (See § 300.345 for requirements on parent participation.)
If, at a separate eligibility meeting, a decision is made that a child is not eligible for special education, the parents should be notified about the decision.
9. Must IEPs be reviewed or revised at the beginning of each school year?
No. The basic requirement in the regulations is that IEPs must be in effect at the beginning of each school year. Meetings must be conducted at least once each year to review and, if necessary, revise the IEP of each child with a disability. However, the meetings may be held anytime during the year, including (1) at the end of the school year, (2) during the summer, before the new school year begins, or (3) on the anniversary date of the last IEP meeting on the child.
10. How frequently must IEP meetings be held and how long should they be?
Section 614(a)(5) of the Act provides that each public agency must hold meetings periodically, but not less than annually, to review each child's IEP and, if appropriate, revise its provisions. The legislative history of the Act makes it clear that there should be as many meetings a year as any one child may need. (121 Cong. Rec. S20428-29 (Nov. 19, 1975) (remarks of Senator Stafford))
There is no prescribed length for IEP meetings. In general, meetings (1) will be longer for initial placements and for children who require a variety of complex services, and (2) will be shorter for continuing placements and for children who require only a minimum amount of services. In any event, however, it is expected that agencies will allow sufficient time at the meetings to ensure meaningful parent participation.
11. Who can initiate IEP meetings?
IEP meetings are initiated and conducted at the discretion of the public agency. However, if the parents of a child with a disability believe that the child is not progressing satisfactorily or that there is a problem with the child's current IEP, it would be appropriate for the parents to request an IEP meeting. The public agency should grant any reasonable request for such a meeting.
Under § 300.506(a), the parents or agency may initiate a due process hearing at any time regarding any matter related to the child's IEP.
If a child's teacher(s) feels that the child's placement or IEP services are not appropriate to the child, the teacher(s) should follow agency procedures with respect to (1)
12. May IEP meetings be tape-recorded?
The use of tape recorders at IEP meetings is not addressed by either the Act or the regulations. Although taping is clearly not required, it is permissible at the option of either the parents or the agency. However, if the recording is maintained by the agency, it is an education record, within the meaning of the Family Educational Rights and Privacy Act (“FERPA”; 20 U.S.C. 1232g), and would, therefore, be subject to the confidentiality requirements of the regulations under both FERPA (34 CFR part 99) and part B (34 CFR §§ 300.560-300.575).
(a)
(1) A representative of the public agency, other than the child's teacher, who is qualified to provide, or supervise the provision of, special education.
(2) The child's teacher.
(3) One or both of the child's parents, subject to § 300.345.
(4) The child, if appropriate.
(5) Other individuals at the discretion of the parent or agency.
(b)
(1) That a member of the evaluation team participates in the meeting; or
(2) That the representative of the public agency, the child's teacher, or some other person is present at the meeting, who is knowledgeable about the evaluation procedures used with the child and is familiar with the results of the evaluation.
(c)
(i) The student; and
(ii) A representative of any other agency that is likely to be responsible for providing or paying for transition services.
(2) If the student does not attend, the public agency shall take other steps to ensure that the student's preferences and interests are considered; and
(3) If an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain the participation of the other agency in the planning of any transition services.
In deciding which teacher will participate in meetings on a child's IEP, the agency may wish to consider the following possibilities:
(a) For a child with a disability who is receiving special education, the teacher could be the child's special education teacher. If the child's disability is a speech impairment, the teacher could be the speech-language pathologist.
(b) For a child with a disability who is being considered for placement in special education, the teacher could be the child's regular teacher, or a teacher qualified to provide education in the type of program in which the child may be placed, or both.
(c) If the child is not in school or has more than one teacher, the agency may designate which teacher will participate in the meeting.
Either the teacher or the agency representative should be qualified in the area of the child's suspected disability.
For a child whose primary disability is a speech or language impairment, the evaluation personnel participating under paragraph (b)(1) of this section would normally be the speech-language pathologist.
Under paragraph (c), the public agency is required to invite each student to participate in his or her IEP meeting, if a purpose of the meeting is the consideration of transition services for the student. For all students who are 16 years of age or older, one of the purposes of the annual meeting will always be the planning of transition services, since transition services are a required component of the IEP for these students.
For a student younger than age 16, if transition services are initially discussed at a meeting that does not include the student, the public agency is responsible for ensuring that, before a decision about transition services for the student is made, a subsequent IEP meeting is conducted for that purpose, and the student is invited to the meeting.
13. Who can serve as the representative of the public agency at an IEP meeting?
The representative of the public agency could be any member of the school staff, other than the child's teacher, who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities. (Section 602(a)(20) of the Act.) Thus, the agency representative could be (1) a qualified special education administrator, supervisor, or teacher (including a speech-language pathologist), or (2) a school principal or other administrator—if the person is qualified to provide, or supervise the provision of, special education.
Each State or local agency may determine which specific staff member will serve as the agency representative. However, the representative should be able to ensure that whatever services are set out in the IEP will actually be provided and that the IEP will not be vetoed at a higher administrative
For a child with a disability who requires only a limited amount of special education, the agency representative able to commit appropriate resources could be a special education teacher, or a speech-language pathologist, other than the child's teacher. For a child who requires extensive special education and related services, the agency representative might need to be a key administrator in the agency.
IEP meetings for continuing placements could be more routine than those for initial placements, and, thus, might not require the participation of a key administrator.
14. Who is the representative of the public agency if a child with a disability is served by a public agency other than the SEA or LEA?
The answer depends on which agency is responsible, under State law, policy, or practice, for any one or all of the following:
(1) The child's education, (2) placing the child, and (3) providing (or paying for the provision of) special education and related services to the child.
In general, the agency representative at the IEP meeting would be a member of the agency or institution that is responsible for the child's education. For example, if a State agency (1) places a child in an institution, (2) is responsible under State law for the child's education, and (3) has a qualified special education staff at the institution, then a member of the institution's staff would be the agency representative at the IEP meetings.
Sometimes there is no special education staff at the institution, and the children are served by special education personnel from the LEA where the institution is located. In this situation, a member of the LEA staff would usually serve as the agency representative.
In situations where the LEA places a child in an institution, paragraph “b” of the response to Question 1, above, would apply.
15. For a child with a disability being considered for initial placement in special education, which teacher should attend the IEP meeting?
The teacher could be either (1) a teacher qualified to provide special education in the child's area of suspected disability, or (2) the child's regular teacher. At the option of the agency, both teachers could attend. In any event, there should be at least one member of the school staff at the meeting (e.g., the agency representative or the teacher) who is qualified in the child's area of suspected disability.
Sometimes more than one meeting is necessary in order to finalize a child's IEP. If, in this process, the special education teacher who will be working with the child is identified, it would be useful to have that teacher participate in the meeting with the parents and other members of the IEP team in finalizing the IEP. When this is not possible, the agency should ensure that the teacher is given a copy of the child's IEP as soon as possible after the IEP is finalized and before the teacher begins working with the child.
16. If a child with a disability is enrolled in both regular and special education classes, which teacher should attend the IEP meeting?
In general, the teacher at the IEP meeting should be the child's special education teacher. At the option of the agency or the parent, the child's regular teacher also might attend. If the regular teacher does not attend, the agency should either provide the regular teacher with a copy of the IEP or inform the regular teacher of its contents. Moreover, the agency should ensure that the special education teacher, or other appropriate support person, is able, as necessary, to consult with and be a resource to the child's regular teacher.
17. If a child with a disability in high school attends several regular classes, must all of the child's regular teachers attend the IEP meeting?
No. Only one teacher must attend. However, at the option of the LEA, additional teachers of the child may attend. The following points should be considered in making this decision:
a. Generally, the number of participants at IEP meetings should be small. Small meetings have several advantages over large ones. For example, they (1) allow for more open, active parent involvement, (2) are less costly, (3) are easier to arrange and conduct, and (4) are usually more productive.
b. While large meetings are generally inappropriate, there may be specific circumstances where the participation of additional staff would be beneficial. When the participation of the regular teachers is considered by the agency or the parents to be beneficial to the child's success in school (e.g., in terms of the child's participation in the regular education program), it would be appropriate for them to attend the meeting.
c. Although the child's regular teachers would not routinely attend IEP meetings, they should either (1) be informed about the child's IEP by the special education teacher or agency representative, and/or (2) receive a copy of the IEP itself.
18. If a child's primary disability is a speech impairment, must the child's regular teacher attend the IEP meeting?
No. A speech-language pathologist would usually serve as the child's teacher for purposes of the IEP meeting. The regular teacher could also attend at the option of the school.
19. If a child is enrolled in a special education class because of a primary disability, and also receives speech-language pathology services, must both specialists attend the IEP meeting?
No. It is not required that both attend. The special education teacher would attend the meeting as the child's teacher. The speech-language pathologist could either (1) participate in the meeting itself, or (2) provide a written recommendation concerning the nature, frequency, and amount of services to be provided to the child.
20. When may representatives of teacher organizations attend IEP meetings?
Under the Family Educational Rights and Privacy Act (“FERPA”; 20 U.S.C. 1232g) and implementing regulations (34 CFR part 99) and the confidentiality requirements of part B, officials of teacher organizations may not attend IEP meetings if personally identifiable information from the student's education records is discussed—except with the prior written consent of the parents. (See 34 CFR 99.30(a) and 300.571(a)(1).)
In addition, part B does not provide for the participation of representatives of teacher organizations at IEP meetings. The legislative history of the Act makes it clear that attendance at IEP meetings should be limited to those who have an intense interest in the child. (121 Cong. Rec. S10974 (June 18, 1975) (remarks of Sen. Randolph).) Since a representative of a teacher organization would be concerned with the interests of the teacher rather than the interests of the child, it would be inappropriate for such an official to attend an IEP meeting.
21. When may a child with a disability attend an IEP meeting?
Generally, a child with a disability should attend the IEP meeting whenever the parent decides that it is appropriate for the child to do so. Whenever possible, the agency and parents should discuss the appropriateness of the child's participation before a decision is made, in order to help the parents determine whether or not the child's attendance will be (1) helpful in developing the IEP and/or (2) directly beneficial to the child. The agency should inform the parents before each IEP meeting—as part of the notice of meeting required under § 300.345(b)—that they may invite their child to participate.
The parents and agency should encourage older children with disabilities (particularly those at the secondary school level) to participate in their IEP meetings.
22. Do the parents of a student with a disability retain the right to attend the IEP meeting when the student reaches the age of majority?
The Act is silent concerning any modification of the rights of the parents of a student with a disability when the student reaches the age of majority.
23. Must related services personnel attend IEP meetings?
No. It is not required that they attend. However, if a child with a disability has an identified need for related services, it would be appropriate for the related services personnel to attend the meeting or otherwise be involved in developing the IEP. For example, when the child's evaluation indicates the need for a specific related service (e.g., physical therapy, occupational therapy, or counseling), the agency should ensure that a qualified provider of that service either (1) attends the IEP meeting, or (2) provides a written recommendation concerning the nature, frequency, and amount of service to be provided to the child.
This written recommendation could be a part of the evaluation report.
24. Are agencies required to use a case manager in the development of the IEP of a child with a disability?
No. However, some agencies have found it helpful to have a special educator or some other school staff member (e.g., a social worker, counselor, or psychologist) serve as coordinator or case manager of the IEP process for an individual child or for all children with disabilities served by the agency. Examples of the kinds of activities that case managers might carry out are (1) coordinating the multidisciplinary evaluation; (2) collecting and synthesizing the evaluation reports and other relevant information about a child that might be needed at the IEP meeting; (3) communicating with the parents; and (4) participating in, or conducting, the IEP meeting itself.
25. For a child with a suspected speech impairment, who must represent the evaluation team at the IEP meeting?
No specific person must represent the evaluation team. However, a speech-language pathologist would normally be the most appropriate representative. For many children whose primary disability is a speech impairment, there may be no other evaluation personnel involved. The note following § 300.532 (Evaluation procedures) states:
Children who have a speech impairment as their primary disability may not need a complete battery of assessments (e.g., psychological, physical, or adaptive behavior). However, a qualified speech-language pathologist would (1) evaluate each child with a speech impairment using procedures that are appropriate for the diagnosis and appraisal of speech and language impairments, and (2) if
(a) Each public agency shall take steps to ensure that one or both of the parents of the child with a disability are present at each meeting or are afforded the opportunity to participate, including—
(1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
(2) Scheduling the meeting at a mutually agreed on time and place.
(b)(1) The notice under paragraph (a)(1) of this section must indicate the purpose, time, and location of the meeting and who will be in attendance;
(2) If a purpose of the meeting is the consideration of transition services for a student, the notice must also—
(i) Indicate this purpose;
(ii) Indicate that the agency will invite the student; and
(iii) Identify any other agency that will be invited to send a representative.
(c) If neither parent can attend, the public agency shall use other methods to ensure parent participation, including individual or conference telephone calls.
(d) A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case the public agency must have a record of its attempts to arrange a mutually agreed on time and place such as—
(1) Detailed records of telephone calls made or attempted and the results of those calls;
(2) Copies of correspondence sent to the parents and any responses received; and
(3) Detailed records of visits made to the parent's home or place of employment and the results of those visits.
(e) The public agency shall take whatever action is necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.
(f) The public agency shall give the parent, on request, a copy of the IEP.
The notice in paragraph (a) of this section could also inform parents that they may bring other people to the meeting. As indicated in paragraph (c) of this section, the procedure used to notify parents (whether oral or written or both) is left to the discretion of the agency, but the agency must keep a record of its efforts to contact parents.
26. What is the role of the parents at an IEP meeting? The parents of a child with a disability are expected to be equal participants along with school personnel, in developing, reviewing, and revising the child's IEP. This is an active role in which the parents (1) participate in the discussion about the child's need for special education and related services, and (2) join with the other participants in deciding what services the agency will provide to the child.
In some instances, parents might elect to bring another participant to the meeting, e.g., a friend or neighbor, someone outside of the agency who is familiar with applicable laws and with the child's needs, or a specialist who conducted an independent evaluation of the child.
27. What is the role of a surrogate parent at an IEP meeting?
A surrogate parent is a person appointed to represent the interests of a child with a disability in the educational decision-making process when that child has no other parent representation. The surrogate has all of the rights and responsibilities of a parent under part B. Thus, the surrogate parent is entitled to (1) participate in the child's IEP meeting, (2) see the child's education records, and (3) receive notice, grant consent, and invoke due process to resolve differences. (See § 300.514, Surrogate parents.)
28. Must the public agency let the parents know who will be at the IEP meeting?
Yes. In notifying parents about the meeting, the agency “must indicate the purpose, time, and location of the meeting, and
29. Are parents required to sign IEPs? Parent signatures are not required by either the Act or regulations. However, having such signatures is considered by parents, advocates, and public agency personnel to be useful.
The following are some of the ways that IEPs signed by parents and/or agency personnel might be used:
a. A signed IEP is one way to document who attended the meeting.
This is useful for monitoring and compliance purposes.
If signatures are not used, the agency must document attendance in some other way.
b. An IEP signed by the parents is one way to indicate that the parents approved the child's special education program.
If, after signing, the parents feel that a change is needed in the IEP, it would
c. An IEP signed by an agency representative provides the parents a signed record of the services that the agency has agreed to provide.
Even if the school personnel do not sign, the agency still must provide, or ensure the provision of, the services called for in the IEP.
30. If the parent signs the IEP, does the signature indicate consent for initial placement?
The parent's signature on the IEP would satisfy the consent requirement concerning initial placement of the child (§ 300.504(b)(1)(ii)) only if the IEP includes a statement on initial placement that meets the definition of consent in § 300.500:
(b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and
(c) The parent understands that the granting of consent is voluntary * * * and may be revoked at any time.
31. Do parents have the right to a copy of their child's IEP?
Yes. Section 300.345(f) states that the public agency shall give the parent, on request, a copy of the IEP. In order that parents may know about this provision, it is recommended that they be informed about it at the IEP meeting and/or receive a copy of the IEP itself within a reasonable time following the meeting.
32. Must parents be informed at the IEP meeting of their right to appeal?
If the agency has already informed the parents of their right to appeal, as it is required to do under the prior notice provisions of the regulations (§§ 300.504-300.505), it would not be necessary for the agency to do so again at the IEP meeting.
Section 300.504(a) of the regulations states that “written notice that meets the requirements under § 300.505 must be given to parents a reasonable time” before the public agency proposes or refuses “to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.”
Section 300.505(a) states that the notice must include “(1) A full explanation of all of the procedural safeguards available to the parents under § 300.500, §§ 300.502-300.515, and §§ 300.562-300.569.”
The IEP meeting serves as a communication vehicle between parents and school personnel, and enables them, as equal participants, to jointly decide upon what the child's needs are, what will be provided, and what the anticipated outcomes may be. If, during the IEP meeting, parents and school staff are unable to reach agreement, the agency should remind the parents that they may seek to resolve their differences through the due process procedures under the Act.
Section 300.506(a) states that “a parent or public educational agency may initiate a hearing on any matters described in § 300.504(a) (1) and (2).”
Every effort should be made to resolve differences between parents and school staff without resort to a due process hearing (i.e., through voluntary mediation or some other informal step). However, mediation or other informal procedures may not be used to deny or delay a parent's right to a due process hearing. (See § 300.506. Impartial due process hearing.)
33. Does the IEP include ways for parents to check the progress of their children?
In general, the answer is yes. The IEP document is a written record of decisions jointly made by parents and school personnel at the IEP meeting regarding the special education program of a child with a disability. That record includes agreed upon items, such as goals and objectives, and the specific special education and related services to be provided to the child.
The goals and objectives in the IEP should be helpful to both parents and school personnel, in a general way, in checking on a child's progress in the special education program. (See Questions 37-43, below, regarding goals and objectives in the IEP.) However, since the IEP is not intended to include the specifics about a child's total educational program that are found in daily, weekly, or monthly instructional plans, parents will often need to obtain more specific, on-going information about the child's progress—through parent-teacher conferences, report cards and other reporting procedures ordinarily used by the agency.
34. Must IEPs include specific checkpoint intervals for parents to confer with teachers and to revise or update their children's IEPs?
No. The IEP of a child with a disability is not required to include specific “checkpoint intervals” (i.e., meeting dates) for reviewing the child's progress. However, in individual situations, specific meeting dates could be designated in the IEP, if the parents and school personnel believe that it would be helpful to do so.
Although meeting dates are not required to be set out in the IEP itself, there are specific provisions in the regulations and in this document regarding agency responsibilities in initiating IEP meetings, including the following:
(1) Public agencies must hold meetings periodically, but not less than annually, to review, and if appropriate, revise, each child's IEP (§ 300.343(d)); (2) there should be as many meetings a year as the child needs (see Question 10, above); and (3) agencies should grant any reasonable parental request for an IEP meeting (see Question 11, above).
In addition to the above provisions, it is expected that, through an agency's general reporting procedures for all children in school, there will be specific designated times for parents to review their children's progress (e.g., through periodic parent-teacher conferences, and/or the use of report cards, letters, or other reporting devices).
35. If the parents and agency are unable to reach agreement at an IEP meeting, what steps should be followed until agreement is reached?
As a general rule, the agency and parents would agree to an interim course of action for serving the child (i.e., in terms of placement and/or services) to be followed until the area of disagreement over the IEP is resolved. The manner in which this interim measure is developed and agreed to by both parties is left to the discretion of the individual State or local agency. However, if the parents and agency cannot agree on an interim measure, the child's last agreed upon IEP would remain in effect in the areas of disagreement until the disagreement is resolved. The following may be helpful to agencies if there are disagreements:
a. There may be instances where the parents and agency are in agreement about the basic IEP services (e.g., the child's placement and/or the special education services), but disagree about the provision of a particular related service (i.e., whether the service is needed and/or the amount to be provided). In such cases, it is recommended (1) that the IEP be implemented in all areas where there is agreement, (2) that the document indicate the points of disagreement, and (3) that procedures be initiated to resolve the disagreement.
b. Sometimes the disagreement is with the placement or kind of special education to be provided (e.g., one party proposes a self-contained placement, and the other proposes resource room services). In such cases, the agency might, for example, carry out any one or all of the following steps:
(1) Remind the parents that they may resolve their differences through the due process procedures under part B; (2) work with the parents to develop an interim course of action (in terms of placement and/or services) that both parties can agree to until resolution is reached; and (3) recommend the use of mediation, or some other informal procedure for resolving the differences without going to a due process hearing. (See Question 32, above, regarding the right to appeal.)
c. If, because of the disagreement over the IEP, a hearing is initiated by either the parents or agency, the agency may not change the child's placement unless the parents and agency agree otherwise. (See § 300.513, Child's status during proceedings.) The following two examples are related to this requirement:
(1) A child in the regular fourth grade has been evaluated and found to be eligible for special education. The agency and parents agree that the child has a specific learning disability. However, one party proposes placement in a self-contained program, and the other proposes placement in a resource room. Agreement cannot be reached, and a due process hearing is initiated. Unless the parents and agency agree otherwise, the child would remain in the regular fourth grade until the issue is resolved.
On the other hand, since the child's need for special education is not in question, both parties might agree—as an interim measure—(1) to temporarily place the child in either one of the programs proposed at the meeting (self-contained program or resource room), or (2) to serve the child through some other temporary arrangement.
(2) A child with a disability is currently receiving special education under an existing IEP. A due process hearing has been initiated regarding an alternative special education placement for the child. Unless the parents and agency agree otherwise, the child would remain in the current placement. In this situation, the child's IEP could be revised, as necessary, and implemented in all of the areas agreed to by the parents and agency, while the area of disagreement (i.e., the child's placement) is being settled through due process.
If the due process hearing concerns whether or not a particular service should continue to be provided under the IEP (e.g., physical therapy), that service would continue to be provided to the child under the IEP that was in effect at the time the hearing was initiated, (1) unless the parents and agency agree to a change in the services, or (2) until the issue is resolved.
(a)
(1) A statement of the child's present levels of educational performance;
(2) A statement of annual goals, including short-term instructional objectives;
(3) A statement of the specific special education and related services to be provided to the child and the extent that the child will be able to participate in regular educational programs;
(4) The projected dates for initiation of services and the anticipated duration of the services; and
(5) Appropriate objective criteria and evaluation procedures and schedules for determining, on at least an annual basis, whether the short term instructional objectives are being achieved.
(b)
(2) If the IEP team determines that services are not needed in one or more of the areas specified in § 300.18(b)(2)(i) through (b)(2)(iii), the IEP must include a statement to that effect and the basis upon which the determination was made.
The legislative history of the transition services provisions of the Act suggests that the statement of needed transition services referred to in paragraph (b) of this section should include a commitment by any participating agency to meet any financial responsibility it may have in the provision of transition services. See House Report No. 101-544, p. 11 (1990).
With respect to the provisions of paragraph (b) of this section, it is generally expected that the statement of needed transition services will include the areas listed in § 300.18(b)(2)(i) through (b)(2)(iii). If the IEP team determines that services are not needed in one of those areas, the public agency must implement the requirements in paragraph (b)(2) of this section. Since it is a part of the IEP, the IEP team must reconsider its determination at least annually.
Section 602(a)(20) of the Act provides that IEPs must include a statement of needed transition services for students beginning no later than age 16, but permits transition services to students below age 16 (i.e., “* * * and, when determined appropriate for the individual, beginning at age 14 or younger.”). Although the statute does not mandate transition services for all students beginning at age 14 or younger, the provision of these services could have a significantly positive effect on the employment and independent living outcomes for many of these students in the future, especially for students who are likely to drop out before age 16. With respect to the provision of transition services to students below age 16, the Report of the House Committee on Education and Labor on Pub. L. 101-476 includes the following statement:
36. What should be included in the statement of the child's present levels of educational performance?
The statement of present levels of educational performance will be different for each child with a disability. Thus, determinations about the content of the statement for an individual child are matters that are left to the discretion of participants in the IEP meetings. However, the following are some points that should be taken into account in writing this part of the IEP:
a. The statement should accurately describe the effect of the child's disability on the child's performance in any area of education that is affected, including (1) academic areas (reading, math, communication, etc.), and (2) non-academic areas (daily life activities, mobility, etc.).
Labels such as mental retardation or deafness may not be used as a substitute for the description of present levels of educational performance.
b. The statement should be written in objective measurable terms, to the extent possible. Data from the child's evaluation would be a good source of such information. Test scores that are pertinent to the child's diagnosis might be included, if appropriate. However, the scores should be (1) self-explanatory (i.e., they can be interpreted by all participants without the use of test manuals or other aids), or (2) an explanation should be included. Whatever test results are used should reflect the impact of the disability on the child's performance. Thus, raw scores would not usually be sufficient.
c. There should be a direct relationship between the present levels of educational performance and the other components of the IEP. Thus, if the statement describes a problem with the child's reading level and points to a deficiency in a specific reading skill, this problem should be addressed under both
37. Why are goals and objectives required in the IEP?
The statutory requirements for including annual goals and short term instructional objectives (section 602(a)(20)(B)), and for having at least an annual review of the IEP of a child with a disability (section 614(a)(5)) provide a mechanism for determining (1) whether the anticipated outcomes for the child are being met (i.e., whether the child is progressing in the special education program) and (2) whether the placement and services are appropriate to the child's special learning needs. In effect, these requirements provide a way for the child's teacher(s) and parents to be able to track the child's progress in special education. However, the goals and objectives in the IEP are not intended to be as specific as the goals and objectives that are normally found in daily, weekly, or monthly instructional plans.
38. What are annual goals in an IEP?
The annual goals in the IEP are statements that describe what a child with a disability can reasonably be expected to accomplish within a twelve month period in the child's special education program. As indicated under Question 36, above, there should be a direct relationship between the annual goals and the present levels of educational performance.
39. What are short term instructional objectives in an IEP?
Short term instructional objectives (also called IEP objectives) are measurable, intermediate steps between the present levels of educational performance of a child with a disability and the annual goals that are established for the child. The objectives are developed based on a logical breakdown of the major components of the annual goals, and can serve as milestones for measuring progress toward meeting the goals.
In some respects, IEP objectives are similar to objectives used in daily classroom instructional plans. For example, both kinds of objectives are used (1) to describe what a given child is expected to accomplish in a particular area within some specified time period, and (2) to determine the extent that the child is progressing toward those accomplishments.
In other respects, objectives in IEPs are different from those used in instructional plans, primarily in the amount of detail they provide. IEP objectives provide general benchmarks for determining progress toward meeting the annual goals. These objectives should be projected to be accomplished over an extended period of time (e.g., an entire school quarter or semester). On the other hand, the objectives in classroom instructional plans deal with more specific outcomes that are to be accomplished on a daily, weekly, or monthly basis. Classroom instructional plans generally include details not required in an IEP, such as the specific methods, activities, and materials (e.g., use of flash cards) that will be used in accomplishing the objectives.
40. Should the IEP goals and objectives focus only on special education and related services, or should they relate to the total education of the child?
IEP goals and objectives are concerned primarily with meeting the needs of a child with a disability for special education and related services, and are not required to cover other areas of the child's education. Stated another way, the goals and objectives in the IEP should focus on offsetting or reducing the problems resulting from the child's disability that interfere with learning and educational performance in school. For example, if a child with a learning disability is functioning several grades below the child's indicated ability in reading and has a specific problem with word recognition, the IEP goals and objectives would be directed toward (1) closing the gap between the child's indicated ability and current level of functioning, and (2) helping the child increase the ability to use word attack skills effectively (or to find some other approach to increase independence in reading).
For a child with a mild speech impairment, the IEP objectives would focus on improving the child's communication skills, by either (1) correcting the impairment, or (2) minimizing its effect on the child's ability to communicate. On the other hand, the goals and objectives for a child with severe mental retardation would be more comprehensive and cover more of the child's school program than if the child has only a mild disability.
41. Should there be a relationship between the goals and objectives in the IEP and those that are in instructional plans of special education personnel?
Yes. There should be a direct relationship between the IEP goals and objectives for a given child with a disability and the goals and objectives that are in the special education instructional plans for the child. However, the IEP is not intended to be detailed enough to be used as an instructional plan. The IEP, through its goals and objectives, (1) sets the general direction to be taken by those who will implement the IEP, and (2) serves as the basis for developing a detailed instructional plan for the child.
See Question 56, below, regarding the length of IEPs.
42. When must IEP objectives be written—before placement or after placement?
IEP objectives must be written before placement. Once a child with a disability is placed in a special education program, the teacher might develop lesson plans or more
43. Can short term instructional objectives be changed without initiating another IEP meeting?
No. Section 300.343(a) provides that the agency “is responsible for initiating and conducting meetings for the purpose of developing, reviewing, and
44. Must the IEP include all special education and related services needed by the child or only those available from the public agency?
Each public agency must provide FAPE to all children with disabilities under its jurisdiction. Therefore, the IEP for a child with a disability must include all of the specific special education and related services needed by the child—as determined by the child's current evaluation. This means that the services must be listed in the IEP even if they are not directly available from the local agency, and must be provided by the agency through contract or other arrangements.
45. Is the IEP a commitment to provide services—i.e., must a public agency provide all of the services listed in the IEP?
Yes. The IEP of each child with a disability must include all services necessary to meet the child's identified special education and related services needs; and all services in the IEP must be provided in order for the agency to be in compliance with the Act.
46. Must the public agency itself directly provide the services set out in the IEP?
The public agency responsible for the education of a child with a disability could provide IEP services to the child (1) directly, through the agency's own staff resources, or (2) indirectly, by contracting with another public or private agency, or through other arrangements. In providing the services, the agency may use whatever State, local, Federal, and private sources of support are available for those purposes (see § 300.301(a)). However, the services must be at no cost to the parents, and responsibility for ensuring that the IEP services are provided remains with the public agency.
47. Does the IEP include only special education and related services or does it describe the total education of the child?
The IEP is required to include only those matters concerning the provision of special education and related services and the extent that the child can participate in regular education programs. (
For some children with disabilities, the IEP will only address a very limited part of their education (e.g., for a child with a speech impairment, the IEP would generally be limited to the child's speech impairment). For other children (e.g., those with profound mental retardation), the IEP might cover their total education. An IEP for a child with a physical disability with no mental or emotional disability might consist only of specially designed physical education. However, if the child also has a mental or emotional disability, the IEP might cover most of the child's education.
The IEP is not intended to be detailed enough to be used as an instructional plan. See Question 41, above.
48. If modifications are necessary for a child with a disability to participate in a regular education program, must they be included in the IEP?
Yes. If modifications (supplementary aids and services) to the regular education program are necessary to ensure the child's participation in that program, those modifications must be described in the child's IEP (e.g., for a child with a hearing impairment, special seating arrangements or the provision of assignments in writing). This applies to any regular education program in which the student may participate, including physical education, art, music, and vocational education.
49. When must physical education (PE) be described or referred to in the IEP?
Section 300.307(a) provides that physical education services, specially designed if necessary, must be made available to every child with a disability receiving FAPE. The following paragraphs (1) set out some of the different PE program arrangements for students with disabilities, and (2) indicate whether, and to what extent, PE must be described or referred to in an IEP:
a. Regular PE with nondisabled students. If a student with a disability can participate fully in the regular PE program without any special modifications to compensate for the student's disability, it would not be necessary to describe or refer to PE in the IEP. On the other hand, if some modifications to the regular PE program are necessary for the
b. Specially designed PE. If a student with a disability needs a specially designed PE program, that program must be addressed in all applicable areas of the IEP (e.g., present levels of educational performance, goals and objectives, and services to be provided). However, these statements would not have to be presented in any more detail than the other special education services included in the student's IEP.
c. PE in separate facilities. If a student with a disability is educated in a separate facility, the PE program for that student must be described or referred to in the IEP. However, the kind and amount of information to be included in the IEP would depend on the physical-motor needs of the student and the type of PE program that is to be provided.
Thus, if a student is in a separate facility that has a standard PE program (e.g., a residential school for students with deafness), and if it is determined—on the basis of the student's most recent evaluation—that the student is able to participate in that program without any modifications, then the IEP need only note such participation. On the other hand, if special modifications to the PE program are needed for the student to participate, those modifications must be described in the IEP. Moreover, if the student needs an individually designed PE program, that program must be addressed under all applicable parts of the IEP. (See paragraph “b”, above.)
50. If a student with a disability is to receive vocational education, must it be described or referred to in the student's IEP?
The answer depends on the kind of vocational education program to be provided. If a student with a disability is able to participate in the regular vocational education program without any modifications to compensate for the student's disability, it would not be necessary to include vocational education in the student's IEP. On the other hand, if modifications to the regular vocational education program are necessary in order for the student to participate in that program, those modifications must be included in the IEP. Moreover, if the student needs a specially designed vocational education program, then vocational education must be described in all applicable areas of the student's IEP (e.g., present levels of educational performance, goals and objectives, and specific services to be provided). However, these statements would not have to be presented in any more detail than the other special education services included in the IEP.
51. Must the IEP specify the amount of services or may it simply list the services to be provided?
The amount of services to be provided must be stated in the IEP, so that the level of the agency's commitment of resources will be clear to parents and other IEP team members. The amount of time to be committed to each of the various services to be provided must be (1) appropriate to that specific service, and (2) stated in the IEP in a manner that is clear to all who are involved in both the development and implementation of the IEP.
Changes in the amount of services listed in the IEP cannot be made without holding another IEP meeting. However, as long as there is no change in the overall amount, some adjustments in scheduling the services should be possible (based on the professional judgment of the service provider) without holding another IEP meeting.
The parents should be notified whenever this occurs.
52. Must the IEP of a child with a disability indicate the extent that the child will be educated in the regular educational program?
Yes. Section 300.346(a)(3) provides that the IEP for each child with a disability must include a “statement of * * * the extent that the child will be able to participate in regular educational programs.” One way of meeting this requirement is to indicate the percent of time the child will be spending in the regular education program with nondisabled students. Another way is to list the specific regular education classes the child will be attending.
If a child with a severe disability, for example, is expected to be in a special classroom setting most of the time, it is recommended that, in meeting the above requirement, the IEP include any non-curricular activities in which the child will be participating with nondisabled students (e.g., lunch, assembly periods, club activities, and other special events).
53. Can the anticipated duration of services be for more than twelve months?
In general, the anticipated duration of services would be up to twelve months. There is a direct relationship between the anticipated duration of services and the other parts of the IEP (e.g., annual goals and short term instructional objectives), and each part of the IEP would be addressed whenever there is a review of the child's program. If it is anticipated that the child will need a particular service for more than one year, the duration of that service could be projected beyond that time in the IEP. However, the duration of each service must be reconsidered whenever the IEP is reviewed.
54. Must the evaluation procedures and schedules be included as a separate item in the IEP?
No. The evaluation procedures and schedules need not be included as a separate item
In many instances, these components are incorporated directly into the objectives.
Other Questions About the Content of an IEP
55. Is it permissible for an agency to have the IEP completed when the IEP meeting begins?
No. It is not permissible for an agency to present a completed IEP to parents for their approval before there has been a full discussion with the parents of (1) the child's need for special education and related services, and (2) what services the agency will provide to the child. Section 602(a)(20) of the Act defines the IEP as a written statement developed in any meeting with the agency representative, the teacher, the parent, and, if appropriate, the child.
It would be appropriate for agency staff to come prepared with evaluation findings, statements of present levels of educational performance, and a recommendation regarding annual goals, short term instructional objectives, and the kind of special education and related services to be provided. However, the agency must make it clear to the parents at the outset of the meeting that the services proposed by the agency are only recommendations for review and discussion with the parents. The legislative history of Public Law 94-142 makes it clear that parents must be given the opportunity to be active participants in all major decisions affecting the education of their children with disabilities. (See, e.g., S. Rep. No. 168, 94th Cong. 1st Sess. 13 (1975); S. Rep. No. 455 (Conference Report), 94th Cong. 1st Sess. 47-50 (1975).)
56. Is there a prescribed format or length for an IEP?
No. The format and length of an IEP are matters left to the discretion of State and local agencies. The IEP should be as long as necessary to adequately describe a child's program. However, as indicated in Question 41, above, the IEP is not intended to be a detailed instructional plan. The Federal IEP requirements can usually be met in a one to three page form.
57. Is it permissible to consolidate the IEP with an individualized service plan developed under another Federal program?
Yes. In instances where a child with a disability must have both an IEP and an individualized service plan under another Federal program, it may be possible to develop a single, consolidated document only if: (1) It contains all of the information required in an IEP, and (2) all of the necessary parties participate in its development.
Examples of individualized service plans that might be consolidated with the IEP are: (1) The Individualized Care Plan (title XIX of the Social Security Act (Medicaid)), (2) the Individualized Program Plan (title XX of the Social Security Act (Social Services)), (3) the Individualized Service Plan (title XVI of the Social Security Act (Supplemental Security Income)), and (4) the Individualized Written Rehabilitation Plan (Rehabilitation Act of 1973).
58. What provisions on confidentiality of information apply to IEPs?
IEPs are subject to the confidentiality provisions of both (1) part B (section 617(c) of the Act; §§ 300.560-300.576 of the regulations), and (2) the Family Educational Rights and Privacy Act (“FERPA”, 20 U.S.C. 1232g) and implementing regulations in 34 CFR part 99. An IEP is an education record as that term is used in the FERPA and implementing regulations (34 CFR § 99.3) and is, therefore, subject to the same protections as other education records relating to the student.
Under § 99.31(a) of the FERPA regulations, an educational agency may disclose personally identifiable information from the education records of a student without the written consent of the parents if “(1) The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests * * *” in that information.
(a)
(2) The agency shall ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency shall use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.
(3) [Reserved]
(b)
(2) If the private school or facility initiates and conducts these meetings, the public agency shall ensure that the parents and an agency representative;
(i) Are involved in any decision about the child's IEP; and
(ii) Agree to any proposed changes in the program before those changes are implemented.
(c)
59. If placement decisions are made at the time the IEP is developed, how can a private school representative attend the meeting?
Generally, a child who requires placement in either a public or private residential school has already been receiving special education, and the parents and school personnel have often jointly been involved over a prolonged period of time in attempting to find the most appropriate placement for the child. At some point in this process (e.g., at a meeting where the child's current IEP is being reviewed), the possibility of residential school placement might be proposed—by either the parents or school personnel. If both agree, then the matter would be explored with the residential school. A subsequent meeting would then be conducted to finalize the IEP. At this meeting, the public agency must ensure that a representative of the residential school either (1) attends the meeting, or (2) participates through individual or conference telephone calls, or by other means.
If a child with a disability is enrolled in a parochial or other private school and receives special education or related services from a public agency, the public agency shall—
(a) Initiate and conduct meetings to develop, review, and revise an IEP for the child, in accordance with § 300.343; and
(b) Ensure that a representative of the parochial or other private school attends each meeting. If the representative cannot attend, the agency shall use other methods to ensure participation by the private school, including individual or conference telephone calls.
Each public agency must provide special education and related services to a child with a disability in accordance with an IEP. However, part B of the Act does not require that any agency, teacher, or other person be held accountable if a child does not achieve the growth projected in the annual goals and objectives.
This section is intended to relieve concerns that the IEP constitutes a guarantee by the public agency and the teacher that a child will progress at a specified rate. However, this section does not relieve agencies and teachers from making good faith efforts to assist the child in achieving the goals and objectives listed in the IEP. Further, the section does not limit a parent's right to complain and ask for revisions of the child's program, or to invoke due process procedures, if the parent feels that these efforts are not being made.
60. Is the IEP a performance contract?
No. Section 300.350 makes it clear that the IEP is not a performance contract that imposes liability on a teacher or public agency if a child with a disability does not meet the IEP objectives. While the agency must provide special education and related services in accordance with the IEP of each child with a disability, the Act does not require that the agency, the teacher, or other persons be held accountable if the child does not achieve the growth projected in the written statement.
20 U.S.C. 1419, unless otherwise noted.
63 FR 29930, June 1, 1998, unless otherwise noted.
The purpose of the Preschool Grants for Children With Disabilities program (Preschool Grants program) is to provide grants to States to assist them in providing special education and related services—
(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.
The following regulations apply to the Preschool Grants program:
(a) The Education Department General Administrative Regulations (EDGAR) in title 34 of the Code of Federal Regulations—
(1) Part 76 (State-Administered Programs) except §§ 76.125-76.137 and 76.650-76.662;
(2) Part 77 (Definitions that Apply to Department Regulations);
(3) Part 79 (Intergovernmental Review of Department of Education Programs and Activities);
(4) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);
(5) Part 81 (General Education Provision Act—Enforcement);
(6) Part 82 (New Restrictions on Lobbying); and
(7) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for a Drug-Free Workplace (Grants)).
(b) The regulations in this part 301.
(c) The regulations in 34 CFR part 300.
(a)
Applicant
Application
Award
EDGAR
Fiscal year
Grant period
Secretary
Subgrant
(b)
Part C of the Act does not apply to any child with disabilities receiving a free appropriate public education, in accordance with part B of the Act, with funds received under the Preschool Grants program.
A State is eligible to receive a grant if—
(a) The State is eligible under 34 CFR part 300; and
(b) The State demonstrates to the satisfaction of the Secretary that it has in effect policies and procedures
(1) For all children with disabilities aged 3 through 5 years in accordance with the requirements in 34 CFR part 300; and
(2) For any 2-year-old children, provided services by the SEA or by an LEA or ESA under § 301.1.
If a State does not meet the requirements in section 619(b) of the Act—
(a) The State is not eligible for a grant under the Preschool Grant program;
(b) The State is not eligible for funds under 34 CFR part 300 for children with disabilities aged 3 through 5 years; and
(c) No SEA, LEA, ESA, or other public institution or agency within the State is eligible for a grant under Subpart 2 of part D of the Act if the grant relates exclusively to programs, projects, and activities pertaining to children with disabilities aged 3 through 5 years.
After reserving funds for studies and evaluations under section 674(e) of the Act, the Secretary allocates the remaining amount among the States in accordance with §§ 301.21-301.23.
If the amount available for allocation to States under § 301.20 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 § 301.22, the Secretary—
(1) Allocates to each State the amount it received for fiscal year 1997;
(2) Allocates 85 percent of any remaining funds to States on the basis of their relative populations of children aged 3 through 5; and
(3) Allocates 15 percent of those remaining funds to States on the basis of their relative populations of children described in paragraph (a)(2) of this section 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.
(a) Notwithstanding § 301.21, allocations under that section are subject to the following:
(1) No State's allocation may be less than its allocation for the preceding fiscal year.
(2) No State's allocation may be less than the greatest of—
(i) The sum of—
(A) The amount it received 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 exceeds the amount appropriated under section 619 of the Act for fiscal year 1997;
(ii) The sum of—
(A) The amount it received for the preceding fiscal year; and
(B) That amount multiplied by the percentage by which the increase in the funds appropriated from the preceding fiscal year exceeds 1.5 percent; or
(iii) The sum of—
(A) The amount it received for the preceding fiscal year; and
(B) That amount multiplied by 90 percent of the percentage increase in the amount appropriated from the preceding fiscal year.
(b) Notwithstanding paragraph (a)(2) of this section, no State's allocation under § 301.21 may exceed the sum of—
(1) The amount it received 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.
(c) If the amount available for allocation to States under § 301.21 and paragraphs (a) and (b) of this section is insufficient to pay those allocations in full, the Secretary ratably reduces those allocations, subject to paragraph (a)(1) of this section.
If the amount available for allocations to States under § 301.20 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 it received for fiscal year 1997; and
(2) An amount that bears the same relation to any remaining funds as the increase the State received for the preceding fiscal year over fiscal year 1997 bears to the total of those increases for all States.
(b)(1) If the amount available for allocations is equal to the amount allocated to the States for fiscal year 1997, each State is allocated the amount it received for that year.
(2) If the amount available is less than the amount allocated to States for fiscal year 1997, the Secretary allocates amounts equal to the allocations for fiscal year 1997, ratably reduced.
(a) Each State may retain not more than the amount described in paragraph (b) of this section for administration and other State-level activities in accordance with §§ 301.25 and 301.26.
(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.
(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), each State may use not more than twenty percent of the maximum amount it may retain under § 301.24 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, if the SEA is the lead agency for the State under that part.
Each State shall use any funds it retains under § 301.24 and does not use for administration under § 301.25 for any of the following:
(a) 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 3 or older than 5 as long as those services also benefit children with disabilities aged 3 through 5.
(b) Direct services for children eligible for services under section 619 of the Act.
(c) Developing a State improvement plan under subpart 1 of part D of the Act.
(d) Activities at the State and local levels to meet the performance goals established by the State under section 612(a)(16) of the Act and to support implementation of the State improvement plan under subpart 1 of part D of
(e) Supplementing 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 to exceed one percent of the amount received by the State under section 619 of the Act for a fiscal year.
Each State that receives a grant under section 619 of the Act for any fiscal year shall distribute any funds it does not retain under § 301.24 to local educational agencies in the State that have established their eligibility under section 613 of the Act.
(a)
(b)
(1) If a new LEA is created, the State shall 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 3 through 5 currently provided special education by each of the LEAs;
(2) If one or more LEAs are combined into a single new LEA, the State shall combine the base allocations of the merged LEAs; and
(3) If for two or more LEAs, geographic boundaries or administrative responsibility for providing services to children with disabilities ages 3 through 5 changes, the base allocations of affected LEAs shall be redistributed among affected LEAs based on the relative numbers of children with disabilities ages 3 through 5 currently provided special education by each affected LEA.
(c)
(1) Allocate 85 percent of any remaining funds to those agencies on the basis of the relative numbers of children enrolled in public and private elementary and secondary schools within the agency's jurisdiction; and
(2) Allocate 15 percent of those remaining funds to those agencies in accordance with their relative numbers of children living in poverty, as determined by the SEA.
(3) 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.
(a) If a SEA determines that an LEA is adequately providing a free appropriate public education to all children with disabilities aged 3 through 5 residing in the area served by that agency 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 local agency to provide a free appropriate public education to other local educational agencies in the State that are not adequately providing special education and related services to all children with disabilities aged 3 through 5 residing in the areas they serve.
(b) If a State provides services to preschool children with disabilities because some or all LEAs and ESAs are unable or unwilling to provide appropriate programs, the SEA may use payments that would have been available to those LEAs or ESAs to provide special education and related services to children with disabilities aged 3 through 5 years, and to two-year-old
20 U.S.C. 1431-1445, unless otherwise noted.
58 FR 40959, July 30, 1993, unless otherwise noted.
Nomenclature changes to part 303 appear at 63 FR 18293, Apr. 14, 1998.
The purpose of this part is to provide financial assistance to States to—
(a) Maintain and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency program of early intervention services for infants and toddlers with disabilities and their families;
(b) Facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage);
(c) Enhance the States’ capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities and their families; and
(d) Enhance the capacity of State and local agencies and service providers to identify, evaluate, and meet the needs of historically underrepresented populations, particularly minority, low-income, inner-city, and rural populations.
Eligible recipients include the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, the Secretary of the Interior, and the following jurisdictions: Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands.
Funds under this part may be used for the following activities:
(a) To maintain and implement a statewide system of early intervention services for children eligible under this part and their families.
(b) For direct services for eligible children and their families that are not otherwise provided from other public or private sources.
(c) To expand and improve on services for eligible children and their families that are otherwise available, consistent with § 303.527.
(d) To provide a free appropriate public education, in accordance with part B of the Act, to children with disabilities from their third birthday to the beginning of the following school year.
(e) To strengthen the statewide system by initiating, expanding, or improving collaborative efforts related to at-risk infants and toddlers, including establishing linkages with appropriate public or private community-based organizations, services, and personnel for the purpose of—
(1) Identifying and evaluating at-risk infants and toddlers;
(2) Making referrals of the infants and toddlers identified and evaluated under paragraph (e)(1) of this section; and
(3) Conducting periodic follow-up on each referral under paragraph (e)(2) of this section to determine if the status of the infant or toddler involved has changed with respect to the eligibility of the infant or toddler for services under this part.
This part 303 does not apply to any child with disabilities receiving a free appropriate public education, in accordance with 34 CFR part 300, with funds received under 34 CFR part 301.
(a) The following regulations apply to this part:
(1) The Education Department General Administrative Regulations (EDGAR), including—
(i) Part 76 (State Administered Programs), except for § 76.103;
(ii) Part 77 (Definitions that Apply to Department Regulations);
(iii) Part 79 (Intergovernmental Review of Department of Education Programs and Activities);
(iv) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);
(v) Part 81 (Grants and Cooperative Agreements under the General Education Provisions Act—Enforcement);
(vi) Part 82 (New Restrictions on Lobbying);
(vii) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Work Place (Grants)).
(2) The regulations in this part 303.
(3) The following regulations in 34 CFR part 300 (Assistance to States for Children with Disabilities Program): §§ 300.560 through 300.576, and §§ 300.581 through 300.586.
(b) In applying the regulations cited in paragraphs (a)(1) and (a)(3) of this section, any reference to—
(1)
(2)
(3)
(4)
(5)
Sections 303.6-303.24 contain definitions, including a definition of “natural environments” in § 303.12(b)(2), that are used throughout these regulations. Other terms are defined in the specific subparts in which they are used. Below is a list of those terms and the specific sections in which they are defined:
Appropriate professional requirements in the State (§ 303.361(a)(1))
Assessment (§ 303.322(b)(2))
Consent (§ 303.401(a))
Evaluation (§ 303.322(b)(1))
Frequency and intensity (§ 303.344(d)(2)(i))
Highest requirements in the State applicable to a profession or discipline (§ 303.361)(a)(2))
Individualized family service plan and IFSP (§ 303.340(b))
Impartial (§ 303.421(b))
Location (§ 303.344(d)(3))
Method (§ 303.344(d)(2)(ii))
Native language (§ 303.401(b))
Personally identifiable (§ 303.401(c))
Primary referral sources (§ 303.321(d)(3))
Profession or discipline (§ 303.361(a)(3))
Special definition of “aggregate amount” (§ 303.200(b)(1))
Special definition of “infants and toddlers” (§ 303.200(b)(2))
Special definition of “State” (§ 303.200(b)(3))
State approved or recognized certification, licensing, registration, or other comparable requirements (§ 303.361(a)(4))
As used in this part,
As used in this part,
As used in this part,
As used in this part,
As used in this part,
As used in this part,
(a)
(1) Are designed to meet the developmental needs of each child eligible under this part and the needs of the family related to enhancing the child's development;
(2) Are selected in collaboration with the parents;
(3) Are provided—
(i) Under public supervision;
(ii) By
(iii) In conformity with an individualized family service plan; and
(iv) At no cost, unless, subject to § 303.520(b)(3), Federal or State law provides for a system of payments by families, including a schedule of sliding fees; and
(4) Meet the standards of the State, including the requirements of this part.
(b)
(c)
(1) Consulting with parents, other service providers, and representatives of appropriate community agencies to ensure the effective provision of services in that area;
(2) Training parents and others regarding the provision of those services; and
(3) Participating in the multidisciplinary team's assessment of a child and the child's family, and in the development of integrated goals and outcomes for the individualized family service plan.
(d)
(1)
(i) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;
(ii) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;
(iii) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
(iv) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(v) Training or technical assistance for a child with disabilities or, if appropriate, that child's family; and
(vi) Training or technical assistance for professionals (including individuals providing early intervention services) or other individuals who provide services to or are otherwise substantially involved in the major life functions of individuals with disabilities.
(2)
(i) Identification of children with auditory impairment, using at risk criteria and appropriate audiologic screening techniques;
(ii) Determination of the range, nature, and degree of hearing loss and communication functions, by use of audiological evaluation procedures;
(iii) Referral for medical and other services necessary for the habilitation or rehabilitation of children with auditory impairment;
(iv) Provision of auditory training, aural rehabilitation, speech reading
(v) Provision of services for prevention of hearing loss; and
(vi) Determination of the child's need for individual amplification, including selecting, fitting, and dispensing appropriate listening and vibrotactile devices, and evaluating the effectiveness of those devices.
(3)
(4)
(5)
(6)
(i) The assessment of health status for the purpose of providing nursing care, including the identification of patterns of human response to actual or potential health problems;
(ii) Provision of nursing care to prevent health problems, restore or improve functioning, and promote optimal health and development; and
(iii) Administration of medications, treatments, and regimens prescribed by a licensed physician.
(7)
(i) Conducting individual assessments in—
(A) Nutritional history and dietary intake;
(B) Anthropometric, biochemical, and clinical variables;
(C) Feeding skills and feeding problems; and
(D) Food habits and food preferences;
(ii) Developing and monitoring appropriate plans to address the nutritional needs of children eligible under this part, based on the findings in paragraph (d)(7)(i) of this section; and
(iii) Making referrals to appropriate community resources to carry out nutrition goals.
(8)
(i) Identification, assessment, and intervention;
(ii) Adaptation of the environment, and selection, design, and fabrication of assistive and orthotic devices to facilitate development and promote the acquisition of functional skills; and
(iii) Prevention or minimization of the impact of initial or future impairment, delay in development, or loss of functional ability.
(9)
(i) Screening, evaluation, and assessment of infants and toddlers to identify movement dysfunction;
(ii) Obtaining, interpreting, and integrating information appropriate to program planning to prevent, alleviate, or compensate for movement dysfunction and related functional problems; and
(iii) Providing individual and group services or treatment to prevent, alleviate, or compensate for movement dysfunction and related functional problems.
(10)
(i) Administering psychological and developmental tests and other assessment procedures;
(ii) Interpreting assessment results;
(iii) Obtaining, integrating, and interpreting information about child behavior, and child and family conditions related to learning, mental health, and development; and
(iv) Planning and managing a program of psychological services, including psychological counseling for children and parents, family counseling, consultation on child development, parent training, and education programs.
(11)
(12)
(i) Making home visits to evaluate a child's living conditions and patterns of parent-child interaction;
(ii) Preparing a social or emotional developmental assessment of the child within the family context;
(iii) Providing individual and family-group counseling with parents and other family members, and appropriate social skill-building activities with the child and parents;
(iv) Working with those problems in a child's and family's living situation (home, community, and any center where early intervention services are provided) that affect the child's maximum utilization of early intervention services; and
(v) Identifying, mobilizing, and coordinating community resources and services to enable the child and family to receive maximum benefit from early intervention services.
(13)
(i) The design of learning environments and activities that promote the child's acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction;
(ii) Curriculum planning, including the planned interaction of personnel, materials, and time and space, that leads to achieving the outcomes in the child's individualized family service plan;
(iii) Providing families with information, skills, and support related to enhancing the skill development of the child; and
(iv) Working with the child to enhance the child's development.
(14)
(i) Identification of children with communicative or oropharyngeal disorders and delays in development of communication skills, including the diagnosis and appraisal of specific disorders and delays in those skills;
(ii) Referral for medical or other professional services necessary for the habilitation or rehabilitation of children with communicative or oropharyngeal disorders and delays in development of communication skills; and
(iii) Provision of services for the habilitation, rehabilitation, or prevention of communicative or oropharyngeal disorders and delays in development of communication skills.
(15)
(16)
(i) Evaluation and assessment of visual functioning, including the diagnosis and appraisal of specific visual disorders, delays, and abilities;
(ii) Referral for medical or other professional services necessary for the habilitation or rehabilitation of visual functioning disorders, or both; and
(iii) Communication skills training, orientation and mobility training for all environments, visual training, independent living skills training, and additional training necessary to activate visual motor abilities.
(e)
(1) Audiologists;
(2) Family therapists;
(3) Nurses;
(4) Nutritionists;
(5) Occupational therapists;
(6) Orientation and mobility specialists;
(7) Pediatricians and other physicians;
(8) Physical therapists;
(9) Psychologists;
(10) Social workers;
(11) Special educators; and
(12) Speech and language pathologists.
The lists of services in paragraph (d) and qualified personnel in paragraph (e) of this section are not exhaustive. Early intervention services may include such services as the provision of respite and other family support services. Qualified personnel may include such personnel as vision specialists, paraprofessionals, and parent-to-parent support personnel.
(a) As used in this part,
(b) The term includes—
(1) Such services as clean intermittent catheterization, tracheostomy care, tube feeding, the changing of dressings or colostomy collection bags, and other health services; and
(2) Consultation by physicians with other service providers concerning the special health care needs of eligible children that will need to be addressed in the course of providing other early intervention services.
(c) The term does not include the following:
(1) Services that are—
(i) Surgical in nature (such as cleft palate surgery, surgery for club foot, or the shunting of hydrocephalus); or
(ii) Purely medical in nature (such as hospitalization for management of congenital heart ailments, or the prescribing of medicine or drugs for any purpose).
(2) Devices necessary to control or treat a medical condition.
(3) Medical-health services (such as immunizations and regular “well-baby” care) that are routinely recommended for all children.
The definition in this section distinguishes between the health services that are required under this part and the medical-health services that are not required. The IFSP requirements in subpart D of this part provide that, to the extent appropriate, these other medical-health services are to be included in the IFSP, along with the funding sources to be used in paying for the services or the steps that will be taken to secure the services through public or private sources. Identifying these services in the IFSP does not impose an obligation to provide the services if they are otherwise not required to be provided under this part. (See § 303.344(e) and the note 3 following that section.)
As used in this part,
As used in this part,
(a) As used in this part,
(1) Are experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas:
(i) Cognitive development.
(ii) Physical development, including vision and hearing.
(iii) Communication development.
(iv) Social or emotional development.
(v) Adaptive development; or
(2) Have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.
(b) The term may also include, at a State's discretion, children from birth through age two who are at risk of having substantial developmental delays if early intervention services are not provided.
1: The phrase “a diagnosed physical or mental condition that has a high probability of resulting in developmental delay,” as used in paragraph (a)(2) of this section, applies to a condition if it typically results in developmental delay. Examples of these conditions include chromosomal abnormalities; genetic or congenital disorders; severe sensory impairments, including hearing and vision; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; disorders secondary to exposure to
2: With respect to paragraph (b) of this section, children who are at risk may be eligible under this part if a State elects to extend services to that population, even though they have not been identified as disabled.
Under this provision, States have the authority to define who would be “at risk of having substantial developmental delays if early intervention services are not provided.” In defining the “at risk” population, States may include well-known biological and environmental factors that can be identified and that place infants and toddlers “at risk” for developmental delay. Commonly cited factors include low birth weight, respiratory distress as a newborn, lack of oxygen, brain hemorrhage, infection, nutritional deprivation, and a history of abuse or neglect. It should be noted that “at risk” factors do not predict the presence of a barrier to development, but they may indicate children who are at higher risk of developmental delay than children without these problems.
As used in this part,
As used in this part,
As used in this part,
The term
(a) As used in this part,
(b) State policies include—
(1) A State's commitment to maintain the statewide system (see § 303.140);
(2) A State's eligibility criteria and procedures (see § 303.300);
(3) A statement that, consistent with § 303.520(b), provides that services under this part will be provided at no cost to parents, except where a system of payments is provided for under Federal or State law.
(4) A State's standards for personnel who provide services to children eligible under this part (see § 303.361);
(5) A State's position and procedures related to contracting or making other arrangements with service providers under subpart F of this part; and
(6) Other positions that the State has adopted related to implementing any of the other requirements under this part.
As used in this part,
As used in this part,
These regulations contain the following provisions relating to a State's responsibility to ensure that personnel are qualified to provide early intervention services:
1. Section 303.12(a)(4) provides that early intervention services must meet State standards. This provision implements a requirement that is similar to a longstanding provision under part B of the Act (i.e., that the State educational agency establish standards and ensure that those standards are currently met for all programs providing special education and related services).
2. Section 303.12(a)(3)(ii) provides that early intervention services must be provided by qualified personnel.
3. Section 303.361(b) requires statewide systems to have policies and procedures relating to personnel standards.
(a)
(2) Each child eligible under this part and the child's family must be provided with one service coordinator who is responsible for—
(i) Coordinating all services across agency lines; and
(ii) Serving as the single point of contact in helping parents to obtain the services and assistance they need.
(3) Service coordination is an active, ongoing process that involves—
(i) Assisting parents of eligible children in gaining access to the early intervention services and other services identified in the individualized family service plan;
(ii) Coordinating the provision of early intervention services and other services (such as medical services for other than diagnostic and evaluation purposes) that the child needs or is being provided;
(iii) Facilitating the timely delivery of available services; and
(iv) Continuously seeking the appropriate services and situations necessary to benefit the development of each child being served for the duration of the child's eligibility.
(b)
(1) Coordinating the performance of evaluations and assessments;
(2) Facilitating and participating in the development, review, and evaluation of individualized family service plans;
(3) Assisting families in identifying available service providers;
(4) Coordinating and monitoring the delivery of available services;
(5) Informing families of the availability of advocacy services;
(6) Coordinating with medical and health providers; and
(7) Facilitating the development of a transition plan to preschool services, if appropriate.
(c)
(2) A State's policies and procedures for implementing the statewide system of early intervention services must be designed and implemented to ensure that service coordinators are able to effectively carry out on an interagency basis the functions and services listed under paragraphs (a) and (b) of this section.
(d)
(1) Infants and toddlers who are eligible under this part;
(2) Part C of the Act and the regulations in this part; and
(3) The nature and scope of services available under the State's early intervention program, the system of payments for services in the State, and other pertinent information.
1: If States have existing service coordination systems, the States may use or adapt those systems, so long as they are consistent with the requirements of this part.
2: The legislative history of the 1991 amendments to the Act indicates that the use of the term “service coordination” was not intended to affect the authority to seek reimbursement for services provided under Medicaid or any other legislation that makes reference to “case management” services. See H.R. Rep. No. 198, 102d Cong., 1st Sess. 12 (1991); S. Rep. No. 84, 102d Cong., 1st Sess. 20 (1991).
Except as provided in § 303.200(b)(3),
The following terms used in this part are defined in 34 CFR 77.1:
Applicant
Award
Contract
Department
EDGAR
Fiscal year
Grant
Grantee
Grant period
Private
Public
Secretary
(a) In order to receive funds under this part for any fiscal year, a State must have—
(1) An approved application that contains the information required in this part, including—
(i) The information required in §§ 303.140 through 303.148; and
(ii) The information required in §§ 303.161 through 303.176; and
(2) The statement of assurances required under §§ 303.120 through 303.128, on file with the Secretary.
(b) If a State has on file with the Secretary a policy, procedure, or assurance that demonstrates that the State meets an application requirement, including any policy or procedure filed under this part before July 1, 1998, that meets such a requirement, the Secretary considers the State to have met that requirement for purposes of receiving a grant under this part.
(c) An application that meets the requirements of this part remains in zeffect until the State submits to the Secretary modifications of that application.
(d) The Secretary may require a State to modify its application under this part to the extent necessary to ensure the State's compliance with this part if—
(1) An amendment is made to the Act, or to a regulation under this part;
(2) A new interpretation is made to the Act by a Federal court or the State's highest court; or
(3) An official finding of noncompliance with Federal law or regulations is made with respect to the State.
The Secretary follows the procedures in 34 CFR 300.581 through 300.586 before disapproving a State's application or statement of assurances submitted under this part.
(a) Before submitting to the Secretary its application under this part, and before adopting a new or revised
(1) Publish the application or policy in a manner that will ensure circulation throughout the State for at least a 60-day period, with an opportunity for comment on the application or policy for at least 30 days during that period;
(2) Hold public hearings on the application or policy during the 60-day period required in paragraph (a)(1) of this section; and
(3) Provide adequate notice of the hearings required in paragraph (a)(2) of this section at least 30 days before the dates that the hearings are conducted.
(b) A State may request the Secretary to waive compliance with the timelines in paragraph (a) of this section. The Secretary grants the request if the State demonstrates that—
(1) There are circumstances that would warrant such an exception; and
(2) The timelines that will be followed provide an adequate opportunity for public participation and comment.
The notice required in § 303.110(a)(3) must—
(a) Be published in newspapers or announced in other media, or both, with coverage adequate to notify the general public, including individuals with disabilities and parents of infants and toddlers with disabilities, throughout the State about the hearings and opportunity to comment on the application or policy; and
(b) Be in sufficient detail to inform the public about—
(1) The purpose and scope of the State application or policy, and its relationship to part C of the Act;
(2) The length of the comment period and the date, time, and location of each hearing; and
(3) The procedures for providing oral comments or submitting written comments.
Each State shall hold public hearings in a sufficient number and at times and places that afford interested parties throughout the State a reasonable opportunity to participate.
(a)
(1) Review and consider all public comments; and
(2) Make any modifications it deems necessary in the application or policy.
(b)
(a) A State's statement of assurances must contain the information required in §§ 303.121 through 303.128.
(b) Unless otherwise required by the Secretary, the statement is submitted only once, and remains in effect throughout the term of a State's participation under this part.
(c) A State may submit a revised statement of assurances if the statement is consistent with the requirements in §§ 303.121 through 303.128.
The statement must provide for—
(a) Making reports in such form and containing such information as the Secretary may require; and
(b) Keeping such records and affording such access to those records as the Secretary may find necessary to assure
The statement must provide assurance satisfactory to the Secretary that—
(a) The control of funds provided under this part, and title to property acquired with those funds, will be in a public agency for the uses and purposes provided in this part; and
(b) A public agency will administer the funds and property.
The statement must include an assurance satisfactory to the Secretary that funds made available under this part will not be commingled with State funds.
As used in this part,
Thus, the assurance in this section is satisfied by the use of an accounting system that includes an “audit trail” of the expenditure of funds awarded under this part. Separate bank accounts are not required.
(a) The statement must include an assurance satisfactory to the Secretary that Federal funds made available under this part will be used to supplement the level of State and local funds expended for children eligible under this part and their families and in no case to supplant those State and local funds.
(b) To meet the requirement in paragraph (a) of this section, the total amount of State and local funds budgeted for expenditures in the current fiscal year for early intervention services for children eligible under this part and their families must be at least equal to the total amount of State and local funds actually expended for early intervention services for these children and their families in the most recent preceding fiscal year for which the information is available. Allowance may be made for—
(1) Decreases in the number of children who are eligible to receive early intervention services under this part; and
(2) Unusually large amounts of funds expended for such long-term purposes as the acquisition of equipment and the construction of facilities.
The statement must provide assurance satisfactory to the Secretary that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under this part.
The statement must include an assurance satisfactory to the Secretary that the State will comply with the
(a) Nonsubstitution of funds; and
(b) Non-reduction of other benefits.
The statement must include an assurance satisfactory to the Secretary that the funds paid to the State under this part will be expended in accordance with the provisions of this part, including the requirements in § 303.3.
The statement must include an assurance satisfactory to the Secretary that policies and practices have been adopted to ensure—
(a) That traditionally underserved groups, including minority, low-income, and rural families, are meaningfully involved in the planning and implementation of all the requirements of this part; and
(b) That these families have access to culturally competent services within their local geographical areas.
A State's application under this part must contain information and assurances demonstrating to the satisfaction of the Secretary that—
(a) The statewide system of early intervention services required in this part is in effect; and
(b) A State policy is in effect that ensures that appropriate early intervention services are available to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State.
Each application must include information demonstrating that the State has established a State Interagency Coordinating Council that meets the requirements of subpart G of this part.
Each application must include a designation of the lead agency in the State that will be responsible for the administration of funds provided under this part.
Each application must include a designation by the State of an individual or entity responsible for assigning financial responsibility among appropriate agencies.
Each application must include an assurance that funds received under this part will be used to assist the State to maintain and implement the statewide system required under subparts D through F of this part.
(a)
(b)
(1) A list of administrative positions, with salaries, and a description of the duties for each person whose salary is paid in whole or in part with funds awarded under this part; and
(2) For each position, the percentage of salary paid with those funds.
(c)
(1) A description of the nature and scope of each major activity to be carried out under this part in planning, developing, and implementing the statewide system of early intervention services; and
(2) The approximate amount of funds to be spent for each activity.
(d)
(2) The description must include information about each type of service to be provided, including—
(i) A summary of the methods to be used to provide the service (e.g., contracts or other arrangements with specified public or private organizations); and
(ii) The approximate amount of funds under this part to be used for the service.
(e)
(f)
(1) The name of each agency expected to receive funds;
(2) The approximate amount of funds each agency will receive; and
(3) A summary of the purposes for which the funds will be used.
Each application must include the information on public participation that is required in § 303.113(b).
Each application must include a description of the procedure used to ensure that resources are made available under this part for all geographic areas within the State.
Each application must include a description of the policies and procedures to be used to ensure a smooth transition for children receiving early intervention services under this part to preschool or other appropriate services, including—
(a) A description of how the families will be included in the transition plans;
(b) A description of how the lead agency under this part will—
(1) Notify the local educational agency for the area in which the child resides that the child will shortly reach the age of eligibility for preschool services under Part B of the Act, as determined in accordance with State law;
(2)(i) In the case of a child who may be eligible for preschool services under Part B of the Act, with the approval of
(ii) In the case of a child who may not be eligible for preschool services under Part B of the Act, with the approval of the family, make reasonable efforts to convene a conference among the lead agency, the family, and providers of other appropriate services for children who are not eligible for preschool services under Part B, to discuss the appropriate services that the child may receive;
(3) Review the child's program options for the period from the child's third birthday through the remainder of the school year; and
(4) Establish a transition plan; and
(c) If the State educational agency, which is responsible for administering preschool programs under part B of the Act, is not the lead agency under this part, an interagency agreement between the two agencies to ensure coordination on transition matters.
Among the matters that should be considered in developing policies and procedures to ensure a smooth transition of children from one program to the other are the following:
• The financial responsibilities of all appropriate agencies.
• The responsibility for performing evaluations of children.
• The development and implementation of an individualized education program (“IEP”) or an individualized family service plan (“IFSP”) for each child, consistent with the requirements of law (see § 303.344(h) and sections 612(a)(9) of the Act).
• The coordination of communication between agencies and the child's family.
• The mechanisms to ensure the uninterrupted provision of appropriate services to the child.
Each application must address the minimum components of a statewide system of coordinated, comprehensive, multidisciplinary, interagency programs providing appropriate early intervention services to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State. The minimum components of a statewide system are described in §§ 303.161 through 303.176.
Each application must include the State's definition of “developmental delay,” as described in § 303.300.
Each application must include information and assurances demonstrating to the satisfaction of the Secretary that the State has developed a central directory of information that meets the requirements in § 303.301.
Each application must include information and assurances demonstrating to the satisfaction of the Secretary that the State has established a public
Each application must include—
(a) The policies and procedures required in § 303.321(b);
(b) Information demonstrating that the requirements on coordination in § 303.321(c) are met;
(c) The referral procedures required in § 303.321(d), and either—
(1) A description of how the referral sources are informed about the procedures; or
(2) A copy of any memorandum or other document used by the lead agency to transmit the procedures to the referral sources; and
(d) The timelines in § 303.321(e).
Each application must include information to demonstrate that the requirements in §§ 303.322 and 303.323 are met.
Each application must include—
(a) An assurance that a current IFSP is in effect and implemented for each eligible child and the child's family;
(b) Information demonstrating that—
(1) The State's procedures for developing, reviewing, and evaluating IFSPs are consistent with the requirements in §§ 303.340, 303.342, 303.343 and 303.345; and
(2) The content of IFSPs used in the State is consistent with the requirements in § 303.344; and
(c) Policies and procedures to ensure that—
(1) To the maximum extent appropriate, early intervention services are provided in natural environments; and
(2) The provision of early intervention services for any infant or toddler occurs in a setting other than a natural environment only if early intervention cannot be achieved satisfactorily for the infant or toddler in a natural environment.
Each application must include information to show that the requirements in § 303.360(b) are met.
(a) Each application must include policies and procedures that are consistent with the requirements in § 303.361.
Each application must include procedural safeguards that—
(a) Are consistent with §§ 303.400 through 303.406, 303.419 through 303.425 and 303.460; and
(b) Incorporate either—
(1) The due process procedures in 34 CFR 300.506 through 300.512; or
(2) The procedures that the State has developed to meet the requirements in §§ 303.419, 303.420(b) and 303.421 through 303.425.
Each application must include information to show that the requirements in § 303.501 are met.
Each application must include procedures that are consistent with the requirements in §§ 303.510 through 303.512.
Each application must include—
(a) Funding policies that meet the requirements in §§ 303.520 and 303.521;
(b) Information about funding sources, as required in § 303.522;
(c) Procedures to ensure the timely delivery of services, in accordance with § 303.525; and
(d) A procedure related to the timely reimbursement of funds under this part, in accordance with §§ 303.527(b) and 303.528.
Each application must include—
(a) A copy of each interagency agreement that has been developed under § 303.523; and
(b) Information to show that the requirements in § 303.524 are met.
Each application must include a policy that meets the requirements in § 303.526.
Each application must include procedures that meet the requirements in § 303.540.
(a) The Secretary makes payments to the Secretary of the Interior for the coordination of assistance in the provision of early intervention services by the States to infants and toddlers with disabilities and their families on reservations served by elementary and secondary schools for Indian children operated or funded by the Department of the Interior.
(b)(1) The Secretary of the Interior shall distribute payments under this part to tribes or tribal organizations (as defined under section 4 of the Indian Self-Determination and Education Assistance Act), or combinations of those entities, in accordance with section 684(b) of the Act.
(2) A tribe or tribal organization is eligible to receive a payment under this section if the tribe is on a reservation that is served by an elementary or secondary school operated or funded by the Bureau of Indian Affairs (“BIA”).
(c)(1) Within 90 days after the end of each fiscal year the Secretary of the Interior shall provide the Secretary with a report on the payments distributed under this section.
(2) The report must include—
(i) The name of each tribe, tribal organization, or combination of those entities that received a payment for the fiscal year;
(ii) The amount of each payment; and
(iii) The date of each payment.
(a) For each fiscal year, from the aggregate amount of funds available under this part for distribution to the States, the Secretary allots to each State an amount that bears the same ratio to the aggregate amount as the number of infants and toddlers in the State bears to the number of infants and toddlers in all States.
(b) For the purpose of allotting funds to the States under paragraph (a) of this section—
(1)
(2)
(3)
If a State elects not to receive its allotment, the Secretary reallots those funds among the remaining States, in accordance with § 303.200(a).
No State receives less than 0.5 percent of the aggregate amount available under § 303.200 or $500,000, whichever is greater.
The amount of the payment to the Secretary of the Interior under § 303.180 for any fiscal year is 1.25 percent of the aggregate amount available to States after the Secretary determines the amount of payments to be made to the jurisdictions under § 303.204.
(a) From the sums appropriated to carry out this part for any fiscal year, the Secretary may reserve up to 1 percent for payments to the jurisdictions listed in § 303.2 in accordance with their respective needs.
(b) The provisions of Pub. L. 95-134, permitting the consolidation of grants to the outlying areas, do not apply to funds provided under paragraph (a) of this section.
Each statewide system of early intervention services must include the eligibility criteria and procedures, consistent with § 303.16, that will be used by the State in carrying out programs under this part.
(a) The State shall define
(1) Describing, for each of the areas listed in § 303.16(a)(1), the procedures, including the use of informed clinical opinion, that will be used to measure a child's development; and
(2) Stating the levels of functioning or other criteria that constitute a developmental delay in each of those areas.
(b) The State shall describe the criteria and procedures, including the use of informed clinical opinion, that will
(c) If the State elects to include in its system children who are at risk under § 303.16(b), the State shall describe the criteria and procedures, including the use of informed clinical opinion, that will be used to identify those children.
Under this section and § 303.322(c)(2), States are required to ensure that informed clinical opinion is used in determining a child's eligibility under this part. Informed clinical opinion is especially important if there are no standardized measures, or if the standardized procedures are not appropriate for a given age or developmental area. If a given standardized procedure is considered to be appropriate, a State's criteria could include percentiles or percentages of levels of functioning on standardized measures.
(a) Each system must include a central directory of information about—
(1) Public and private early intervention services, resources, and experts available in the State;
(2) Research and demonstration projects being conducted in the State; and
(3) Professional and other groups that provide assistance to children eligible under this part and their families.
(b) The information required in paragraph (a) of this section must be in sufficient detail to—
(1) Ensure that the general public will be able to determine the nature and scope of the services and assistance available from each of the sources listed in the directory; and
(2) Enable the parent of a child eligible under this part to contact, by telephone or letter, any of the sources listed in the directory.
(c) The central directory must be—
(1) Updated at least annually; and
(2) Accessible to the general public.
(d) To meet the requirements in paragraph (c)(2) of this section, the lead agency shall arrange for copies of the directory to be available—
(1) In each geographic region of the State, including rural areas; and
(2) In places and a manner that ensure accessibility by persons with disabilities.
Examples of appropriate groups that provide assistance to eligible children and their families include parent support groups and advocate associations.
Each system must include a public awareness program that focuses on the early identification of children who are eligible to receive early intervention services under this part and includes the preparation and dissemination by the lead agency to all primary referral sources, especially hospitals and physicians, of materials for parents on the availability of early intervention services. The public awareness program must provide for informing the public about—
(a) The State's early intervention program;
(b) The child find system, including—
(1) The purpose and scope of the system;
(2) How to make referrals; and
(3) How to gain access to a comprehensive, multidisciplinary evaluation and other early intervention services; and
(c) The central directory.
1: An effective public awareness program is one that does the following:
1. Provides a continuous, ongoing effort that is in effect throughout the State, including rural areas;
2. Provides for the involvement of, and communication with, major organizations throughout the State that have a direct interest in this part, including public agencies at the State and local level, private providers, professional associations, parent groups, advocate associations, and other organizations;
3. Has coverage broad enough to reach the general public, including those who have disabilities; and
4. Includes a variety of methods for informing the public about the provisions of this part.
2: Examples of methods for informing the general public about the provisions of this part include: (1) Use of television, radio, and newspaper releases, (2) pamphlets and posters displayed in doctors’ offices, hospitals, and other appropriate locations, and (3) the use of a toll-free telephone service.
(a)
(2) The lead agency, with the advice and assistance of the Council, shall be responsible for implementing the child find system.
(b)
(1) All infants and toddlers in the State who are eligible for services under this part are identified, located, and evaluated; and
(2) An effective method is developed and implemented to determine which children are receiving needed early intervention services.
(c)
(i) Program authorized under part B of the Act;
(ii) Maternal and Child Health program under title V of the Social Security Act;
(iii) Early Periodic Screening, Diagnosis and Treatment (EPSDT) program under title XIX of the Social Security Act;
(iv) Developmental Disabilities Assistance and Bill of Rights Act;
(v) Head Start Act; and
(vi) Supplemental Security Income program under title XVI of the Social Security Act.
(2) The lead agency, with the advice and assistance of the Council, shall take steps to ensure that—
(i) There will not be unnecessary duplication of effort by the various agencies involved in the State's child find system under this part; and
(ii) The State will make use of the resources available through each public agency in the State to implement the child find system in an effective manner.
(d)
(i) Evaluation and assessment, in accordance with §§ 303.322 and 303.323; or
(ii) As appropriate, the provision of services, in accordance with § 303.342(a) or § 303.345.
(2) The procedures required in paragraph (b)(1) of this section must—
(i) Provide for an effective method of making referrals by primary referral sources;
(ii) Ensure that referrals are made no more than two working days after a child has been identified; and
(iii) Include procedures for determining the extent to which primary referral sources, especially hospitals and physicians, disseminate the information, as described in § 303.320, prepared by the lead agency on the availability of early intervention services to parents of infants and toddlers with disabilities.
(3) As used in paragraph (d)(1) of this section,
(i) Hospitals, including prenatal and postnatal care facilities;
(ii) Physicians;
(iii) Parents;
(iv) Day care programs;
(v) Local educational agencies;
(vi) Public health facilities;
(vii) Other social service agencies; and
(viii) Other health care providers.
(e)
(2) Within 45 days after it receives a referral, the public agency shall—
(i) Complete the evaluation and assessment activities in § 303.322; and
(ii) Hold an IFSP meeting, in accordance with § 303.342.
In developing the child find system under this part, States should consider (1) tracking systems based on high-risk conditions at birth, and (2) other activities that are being conducted by various agencies or organizations in the State.
(a)
(2) The lead agency shall be responsible for ensuring that the requirements of this section are implemented by all affected public agencies and service providers in the State.
(b)
(1)
(2)
(i) The child's unique strengths and needs and the services appropriate to meet those needs; and
(ii) The resources, priorities, and concerns of the family and the supports and services necessary to enhance the family's capacity to meet the developmental needs of their infant or toddler with a disability.
(c)
(1) Be conducted by personnel trained to utilize appropriate methods and procedures;
(2) Be based on informed clinical opinion; and
(3) Include the following:
(i) A review of pertinent records related to the child's current health status and medical history.
(ii) An evaluation of the child's level of functioning in each of the following developmental areas:
(A) Cognitive development.
(B) Physical development, including vision and hearing.
(C) Communication development.
(D) Social or emotional development.
(E) Adaptive development.
(iii) An assessment of the unique needs of the child in terms of each of the developmental areas in paragraph (c)(3)(ii) of this section, including the identification of services appropriate to meet those needs.
(d)
(2) Any assessment that is conducted must be voluntary on the part of the family.
(3) If an assessment of the family is carried out, the assessment must—
(i) Be conducted by personnel trained to utilize appropriate methods and procedures;
(ii) Be based on information provided by the family through a personal interview; and
(iii) Incorporate the family's description of its resources, priorities, and concerns related to enhancing the child's development.
(e)
(2) The lead agency shall develop procedures to ensure that in the event of exceptional circumstances that make it impossible to complete the evaluation and assessment within 45 days (e.g., if a child is ill), public agencies will—
(i) Document those circumstances; and
(ii) Develop and implement an interim IFSP, to the extent appropriate and consistent with § 303.345 (b)(1) and (b)(2).
Each lead agency shall adopt nondiscriminatory evaluation and assessment procedures. The procedures must provide that public agencies responsible for the evaluation and assessment of children and families under this part shall ensure, at a minimum, that—
(a) Tests and other evaluation materials and procedures are administered in the native language of the parents or other mode of communication, unless it is clearly not feasible to do so;
(b) Any assessment and evaluation procedures and materials that are used are selected and administered so as not to be racially or culturally discriminatory;
(c) No single procedure is used as the sole criterion for determining a child's eligibility under this part; and
(d) Evaluations and assessments are conducted by qualified personnel.
(a) Each system must include policies and procedures regarding individualized family service plans (IFSPs) that meet the requirements of this section and §§ 303.341 through 303.346.
(b) As used in this part,
(1) Be developed in accordance with §§ 303.342 and 303.343;
(2) Be based on the evaluation and assessment described in § 303.322; and
(3) Include the matters specified in § 303.344.
(c)
In instances where an eligible child must have both an IFSP and an individualized service plan under another Federal program, it may be possible to develop a single consolidated document, provided that it (1) contains all of the required information in § 303.344, and (2) is developed in accordance with the requirements of this part.
(a)
(b)
(i) The degree to which progress toward achieving the outcomes is being made; and
(ii) Whether modification or revision of the outcomes or services is necessary.
(2) The review may be carried out by a meeting or by another means that is acceptable to the parents and other participants.
(c)
(d)
(i) In settings and at times that are convenient to families; and
(ii) In the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so.
(2) Meeting arrangements must be made with, and written notice provided to, the family and other participants early enough before the meeting date to ensure that they will be able to attend.
(e)
The requirement for the annual evaluation incorporates the periodic review process. Therefore, it is necessary to have only one separate periodic review each year (i.e., six months after the initial and subsequent annual IFSP meetings), unless conditions warrant otherwise.
Because the needs of infants and toddlers change so rapidly during the course of a year, certain evaluation procedures may need to be repeated before conducting the periodic reviews and annual evaluation meetings in paragraphs (b) and (c) of this section.
(a)
(i) The parent or parents of the child.
(ii) Other family members, as requested by the parent, if feasible to do so;
(iii) An advocate or person outside of the family, if the parent requests that the person participate.
(iv) The service coordinator who has been working with the family since the initial referral of the child for evaluation, or who has been designated by the public agency to be responsible for implementation of the IFSP.
(v) A person or persons directly involved in conducting the evaluations and assessments in § 303.322.
(vi) As appropriate, persons who will be providing services to the child or family.
(2) If a person listed in paragraph (a)(1)(v) of this section is unable to attend a meeting, arrangements must be made for the person's involvement through other means, including—
(i) Participating in a telephone conference call;
(ii) Having a knowledgeable authorized representative attend the meeting; or
(iii) Making pertinent records available at the meeting.
(b)
(a)
(2) The statement in paragraph (a)(1) of this section must be based on professionally acceptable objective criteria.
(b)
(c)
(1) The degree to which progress toward achieving the outcomes is being made; and
(2) Whether modifications or revisions of the outcomes or services are necessary.
(d)
(i) The frequency, intensity, and method of delivering the services;
(ii) The natural environments, as described in § 303.12(b), § 303.18 in which early intervention services will be provided, and a justification of the extent, if any, to which the services will not be providied in a natural environment;
(iii) The location of the services; and
(iv) The payment arrangements, if any.
(2) As used in paragraph (d)(1)(i) of this section—
(i)
(ii)
(3) As used in paragraph (d)(1)(iii) of this section,
(e)
(i) Medical and other services that the child needs, but that are not required under this part; and
(ii) The funding sources to be used in paying for those services or the steps that will be taken to secure those services through public or private sources.
(2) The requirement in paragraph (e)(1) of this section does not apply to routine medical services (e.g., immunizations and “well-baby” care), unless a child needs those services and the services are not otherwise available or being provided.
(f)
(1) The projected dates for initiation of the services in paragraph (d)(1) of this section as soon as possible after the IFSP meetings described in § 303.342; and
(2) The anticipated duration of those services.
(g)
(2) In meeting the requirements in paragraph (g)(1) of this section, the public agency may—
(i) Assign the same service coordinator who was appointed at the time that the child was initially referred for evaluation to be responsible for implementing a child's and family's IFSP; or
(ii) Appoint a new service coordinator.
(3) As used in paragraph (g)(1) of this section, the term
(h)
(i) Preschool services under part B of the Act, in accordance with § 303.148, to the extent that those services are considered appropriate; or
(ii) Other services that may be available, if appropriate.
(2) The steps required in paragraph (h)(1) of this section include—
(i) Discussions with, and training of, parents regarding future placements and other matters related to the child's transition;
(ii) Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting; and
(iii) With parental consent, the transmission of information about the child to the local educational agency, to ensure continuity of services, including evaluation and assessment information required in § 303.322, and copies of IFSPs that have been developed and implemented in accordance with §§ 303.340 through 303.346.
1: With respect to the requirements in paragraph (d) of this section, the appropriate location of services for some infants and toddlers might be a hospital setting—during the period in which they require extensive medical intervention. However, for these and other eligible children, early intervention services must be provided in natural environments (e.g., the home, child care centers, or other community settings) to the maximum extent appropriate to the needs of the child.
2: Throughout the process of developing and implementing IFSPs for an eligible child and the child's family, it is important for agencies to recognize the variety of roles that family members play in enhancing the child's development. It also is important that the degree to which the needs of the family are addressed in the IFSP process is determined in a collaborative manner with the full agreement and participation of the parents of the child. Parents retain the ultimate decision in determining whether they, their child, or other family members will accept or decline services under this part.
3: The early intervention services in paragraph (d) of this section are those services that a State is required to provide to a child in accordance with § 303.12.
The “other services” in paragraph (e) of this section are services that a child or family needs, but that are neither required nor covered under this part. While listing the non-required services in the IFSP does not mean that those services must be provided, their identification can be helpful to both the child's family and the service coordinator, for the following reasons: First, the IFSP would provide a comprehensive picture of the child's total service needs (including the need for medical and health services, as well as early intervention services). Second, it is appropriate for the service coordinator to assist the family in securing the non-required services (e.g., by (1) determining if there is a public agency that could provide financial assistance, if needed, (2) assisting in the preparation of eligibility claims or insurance claims, if needed, and (3) assisting the family in seeking out and arranging for the child to receive the needed medical-health services).
Thus, to the extent appropriate, it is important for a State's procedures under this part to provide for ensuring that other needs of the child, and of the family related to enhancing the development of the child, such as medical and health needs, are considered and addressed, including determining (1) who will provide each service, and when, where, and how it will be provided, and (2) how the service will be paid for (e.g., through private insurance, an existing Federal-State funding source, such as Medicaid or EPSDT, or some other funding arrangement).
4: Although the IFSP must include information about each of the items in paragraphs (b) through (h) of this section, this does not mean that the IFSP must be a detailed, lengthy document. It might be a brief outline, with appropriate attachments that address each of the points in the paragraphs under this section. It is important for the IFSP itself to be clear about (a) what services are to be provided, (b) the actions that are to be taken by the service coordinator in initiating those services, and (c) what actions will be taken by the parents.
Early intervention services for an eligible child and the child's family may commence before the completion of the
(a) Parental consent is obtained.
(b) An interim IFSP is developed that includes—
(1) The name of the service coordinator who will be responsible, consistent with § 303.344(g), for implementation of the interim IFSP and coordination with other agencies and persons; and
(2) The early intervention services that have been determined to be needed immediately by the child and the child's family.
(c) The evaluation and assessment are completed within the time period required in § 303.322(e).
This section is intended to accomplish two specific purposes: (1) To facilitate the provision of services in the event that a child has obvious immediate needs that are identified, even at the time of referral (e.g., a physician recommends that a child with cerebral palsy begin receiving physical therapy as soon as possible), and (2) to ensure that the requirements for the timely evaluation and assessment are not circumvented.
Each agency or person who has a direct role in the provision of early intervention services is responsible for making a good faith effort to assist each eligible child in achieving the outcomes in the child's IFSP. However, part C of the Act does not require that any agency or person be held accountable if an eligible child does not achieve the growth projected in the child's IFSP.
(a) Each system must include a comprehensive system of personnel development.
(b) The personnel development system under this part must—
(1) Be consistent with the comprehensive system of personnel development required under part B of the Act (34 CFR 300.380 through 300.387);
(2) Provide for preservice and inservice training to be conducted on an interdisciplinary basis, to the extent appropriate;
(3) Provide for the training of a variety of personnel needed to meet the requirements of this part, including public and private providers, primary referral sources, paraprofessionals, and persons who will serve as service coordinators; and
(4) Ensure that the training provided relates specifically to—
(i) Understanding the basic components of early intervention services available in the State;
(ii) Meeting the interrelated social or emotional, health, developmental, and educational needs of eligible children under this part; and
(iii) Assisting families in enhancing the development of their children, and in participating fully in the development and implementation of IFSPs.
(c) A personnel development system under this part may include—
(1) Implementing innovative strategies and activities for the recruitment and retention of early intervention service providers;
(2) Promoting the preparation of early intervention providers who are fully and appropriately qualified to provide early intervention services under this part;
(3) Training personnel to work in rural and inner-city areas; and
(4) Training personnel to coordinate transition services for infants and toddlers with disabilities from an early intervention program under this part to a preschool program under part B of the Act or to other preschool or other appropriate services.
(a) As used in this part—
(1)
(i) Are based on the highest requirements in the State applicable to the profession or discipline in which a person is providing early intervention services; and
(ii) Establish suitable qualifications for personnel providing early intervention services under this part to eligible children and their families who are served by State, local, and private agencies.
(2)
(3)
(i) Provides early intervention services to children eligible under this part and their families;
(ii) Has been established or designated by the State; and
(iii) Has a required scope of responsibility and degree of supervision.
(4)
(b)(1) Each statewide system must have policies and procedures relating to the establishment and maintenance of standards to ensure that personnel necessary to carry out the purposes of this part are appropriately and adequately prepared and trained.
(2) The policies and procedures required in paragraph (b)(1) of this section must provide for the establishment and maintenance of standards that are consistent with any State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the profession or discipline in which a person is providing early intervention services.
(c) To the extent that a State's standards for a profession or discipline, including standards for temporary or emergency certification, are not based on the highest requirements in the State applicable to a specific profession or discipline, the State's application for assistance under this part must include the steps the State is taking, the procedures for notifying public agencies and personnel of those steps, and the timelines it has established for the retraining or hiring of personnel that meet appropriate professional requirements in the State.
(d)(1) In meeting the requirements in paragraphs (b) and (c) of this section, a determination must be made about the status of personnel standards in the State. That determination must be based on current information that accurately describes, for each profession or discipline in which personnel are providing early intervention services, whether the applicable standards are consistent with the highest requirements in the State for that profession or discipline.
(2) The information required in paragraph (d)(1) of this section must be on file in the lead agency, and available to the public.
(e) In identifying the “highest requirements in the State” for purposes of this section, the requirements of all State statutes and the rules of all State agencies applicable to serving children eligible under this part and their families must be considered.
(f) A State may allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with State law, regulations, or written policy, to assist in the provision of early intervention services to eligible children under this part.
(g) In implementing this section, a State may adopt a policy that includes making ongoing good-faith efforts to recruit and hire appropriately and adequately trained personnel to provide early intervention services to eligible children, including, in a geographic area of the State where there is a shortage of personnel that meet these qualifications, the most qualified individuals available who are making satisfactory progress toward completing applicable course work necessary to
This section requires that a State use its own existing highest requirements to determine the standards appropriate to personnel who provide early intervention services under this part. The regulations do not require States to set any specified training standard, such as a master's degree, for employment of personnel who provide services under this part.
The regulations permit each State to determine the specific occupational categories required to provide early intervention services to children eligible under this part and their families, and to revise or expand these categories as needed. The professions or disciplines need not be limited to traditional occupational categories.
Each lead agency shall be responsible for—
(a) Establishing or adopting procedural safeguards that meet the requirements of this subpart; and
(b) Ensuring effective implementation of the safeguards by each public agency in the State that is involved in the provision of early intervention services under this part.
As used in this subpart—
(a)
(1) The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language or other mode of communication;
(2) The parent understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and
(3) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time;
(b)
(c)
(1) The name of the child, the child's parent, or other family member;
(2) The address of the child;
(3) A personal identifier, such as the child's or parent's social security number; or
(4) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.
In accordance with the confidentiality procedures in the regulations under part B of the Act (34 CFR 300.560 through 300.576), the parents of a child eligible under this part must be afforded the opportunity to inspect and review records relating to evaluations and assessments, eligibility determinations, development and implementation of IFSPs, individual complaints dealing with the child, and any other area under this part involving records about the child and the child's family.
(a)
(b)
(1) The action that is being proposed or refused;
(2) The reasons for taking the action; and
(3) All procedural safeguards that are available under this part.
(c)
(i) Written in language understandable to the general public; and
(ii) Provided in the native language of the parents, unless it is clearly not feasible to do so.
(2) If the native language or other mode of communication of the parent is not a written language, the public agency, or designated service provider, shall take steps to ensure that—
(i) The notice is translated orally or by other means to the parent in the parent's native language or other mode of communication;
(ii) The parent understands the notice; and
(iii) There is written evidence that the requirements of this paragraph have been met.
(3) If a parent is deaf or blind, or has no written language, the mode of communication must be that normally used by the parent (such as sign language, braille, or oral communication).
(a) Written parental consent must be obtained before—
(1) Conducting the initial evaluation and assessment of a child under § 303.322; and
(2) Initiating the provision of early intervention services (see § 303.342(e)).
(b) If consent is not given, the public agency shall make reasonable efforts to ensure that the parent—
(1) Is fully aware of the nature of the evaluation and assessment or the services that would be available; and
(2) Understands that the child will not be able to receive the evaluation and assessment or services unless consent is given.
1: In addition to the consent requirements in this section, other consent requirements are included in (1) § 303.460(a), regarding the exchange of personally identifiable information among agencies, and (2) the confidentiality provisions in the regulations under part B of the Act (34 CFR 300.571) and 34 CFR part 99 (Family Educational Rights and Privacy), both of which apply to this part.
2: Under § 300.504(b) of the part B regulations, a public agency may initiate procedures to challenge a parent's refusal to consent to the initial evaluation of the parent's child and, if successful, obtain the evaluation. This provision applies to eligible children under this part, since the part B evaluation requirement applies to all children with disabilities in a State, including infants and toddlers.
The parents of a child eligible under this part may determine whether they, their child, or other family members will accept or decline any early intervention service under this part in accordance with State law, and may decline such a service after first accepting it, without jeopardizing other early intervention services under this part.
(a)
(1) No parent (as defined in § 303.18) can be identified;
(2) The public agency, after reasonable efforts, cannot discover the whereabouts of a parent; or
(3) The child is a ward of the State under the laws of that State.
(b)
(1) Determining whether a child needs a surrogate parent; and
(2) Assigning a surrogate parent to the child.
(c)
(2) Public agencies shall ensure that a person selected as a surrogate parent—
(i) Has no interest that conflicts with the interests of the child he or she represents; and
(ii) Has knowledge and skills that ensure adequate representation of the child.
(d)
(i) An employee of any State agency; or
(ii) A person or an employee of a person providing early intervention services to the child or to any family member of the child.
(2) A person who otherwise qualifies to be a surrogate parent under paragraph (d)(1) of this section is not an employee solely because he or she is paid by a public agency to serve as a surrogate parent.
(e)
(1) The evaluation and assessment of the child;
(2) Development and implementation of the child's IFSPs, including annual evaluations and periodic reviews;
(3) The ongoing provision of early intervention services to the child; and
(4) Any other rights established under this part.
(a)
(b)
(1) The procedures must ensure that the mediation process—
(i) Is voluntary on the part of the parties;
(ii) Is not used to deny or delay a parent's right to a due process hearing under § 303.420, or to deny any other rights afforded under Part C of the Act; and
(iii) Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
(2) The State shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.
(3) The State shall bear the cost of the mediation process, including the costs of meetings described in paragraph (c) of this section.
(4) Each session in the mediation process must be scheduled in a timely manner and must be held in a location that is convenient to the parties to the dispute.
(5) An agreement reached by the parties to the dispute in the mediation process must be set forth in a written mediation agreement.
(6) Discussions that occur during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings, and the parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of the process.
(c)
(1) Who is under contract with a parent training and information center or community parent resource center in the State established under sections 682 or 683 of the Act, or an appropriate alternative dispute resolution entity; and
(2) Who would explain the benefits of the mediation process and encourage the parents to use the process.
Each system must include written procedures including procedures for mediation as described in § 303.419, for the timely administrative resolution of
(a) Adopting the mediation and due process procedures in 34 CFR 300.506 through 300.512 and developing procedures that meet the requirements of § 303.425; or
(b) Developing procedures that—
(1) Meet the requirements in § 303.419 and §§ 303.421 through 303.425; and
(2) Provide parents a means of filing a complaint.
1: Sections 303.420 through 303.425 are concerned with the adoption of impartial procedures for resolving individual child complaints (i.e., complaints that generally affect only a single child or the child's family). These procedures require the appointment of a decision-maker who is impartial, as defined in § 303.421(b), to resolve a dispute concerning any of the matters in § 303.403(a). The decision of the impartial decision-maker is binding unless it is reversed on appeal.
A different type of administrative procedure is included in §§ 303.510 through 303.512 of subpart F of this part. Under those procedures, the lead agency is responsible for (1) investigating any complaint that it receives (including individual child complaints and those that are systemic in nature), and (2) resolving the complaint if the agency determines that a violation has occurred.
2: It is important that the administrative procedures developed by a State be designed to result in speedy resolution of complaints. An infant's or toddler's development is so rapid that undue delay could be potentially harmful.
(a)
(1) Have knowledge about the provisions of this part and the needs of, and services available for, eligible children and their families; and
(2) Perform the following duties:
(i) Listen to the presentation of relevant viewpoints about the complaint, examine all information relevant to the issues, and seek to reach a timely resolution of the complaint.
(ii) Provide a record of the proceedings, including a written decision.
(b)
(i) Is not an employee of any agency or other entity involved in the provision of early intervention services or care of the child; and
(ii) Does not have a personal or professional interest that would conflict with his or her objectivity in implementing the process.
(2) A person who otherwise qualifies under paragraph (b)(1) of this section is not an employee of an agency solely because the person is paid by the agency to implement the complaint resolution process.
(a)
(b)
(1) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to early intervention services for children eligible under this part;
(2) Present evidence and confront, cross-examine, and compel the attendance of witnesses;
(3) Prohibit the introduction of any evidence at the proceeding that has not been disclosed to the parent at least five days before the proceeding;
(4) Obtain a written or electronic verbatim transcription of the proceeding; and
(5) Obtain written findings of fact and decisions.
(a) Any proceeding for implementing the complaint resolution process in this subpart must be carried out at a time and place that is reasonably convenient to the parents.
(b) Each lead agency shall ensure that, not later than 30 days after the receipt of a parent's complaint, the impartial proceeding required under this subpart is completed and a written decision mailed to each of the parties.
Under part B of the Act, States are allowed 45 days to conduct an impartial due process hearing (i.e., within 45 days after the receipt of a request for a hearing, a decision is reached and a copy of the decision is mailed to each of the parties). (See 34 CFR 300.512.) Thus, if a State, in meeting the requirements of § 303.420, elects to adopt the due process procedures under part B, that State would also have 45 days for hearings. However, any State in that situation is encouraged (but not required) to accelerate the timeline for the due process hearing for children who are eligible under this part—from 45 days to the 30-day timeline in this section. Because the needs of children in the birth-through-two-age range change so rapidly, quick resolution of complaints is important.
Any party aggrieved by the findings and decision regarding an administrative complaint has the right to bring a civil action in State or Federal court under section 639(a)(1) of the Act.
(a) During the pendency of any proceeding involving a complaint under this subpart, unless the public agency and parents of a child otherwise agree, the child must continue to receive the appropriate early intervention services currently being provided.
(b) If the complaint involves an application for initial services under this part, the child must receive those services that are not in dispute.
(a) Each State shall adopt or develop policies and procedures that the State will follow in order to ensure the protection of any personally identifiable information collected, used, or maintained under this part, including the right of parents to written notice of and written consent to the exchange of this information among agencies consistent with Federal and State law.
(b) These policies and procedures must meet the requirements in 34 CFR 300.560 through 300.576, with the modifications specified in § 303.5(b).
With the modifications referred to in paragraph (b) of this section, the confidentiality requirements in the regulations implementing part B of the Act (34 CFR 300.560 through 300.576) are to be used by public agencies to meet the confidentiality requirements under part C of the Act and this section (§ 303.460).
The part B provisions incorporate by reference the regulations in 34 CFR part 99 (Family Educational Rights and Privacy); therefore, those regulations also apply to this part.
Each system must include a single line of responsibility in a lead agency that—
(a) Is established or designated by the Governor; and
(b) Is responsible for the administration of the system, in accordance with the requirements of this part.
(a)
(1) The general administration and supervision of programs and activities receiving assistance under this part; and
(2) The monitoring of programs and activities used by the State to carry out this part, whether or not these programs or activities are receiving assistance under this part, to ensure that the State complies with this part.
(b)
(1) Monitoring agencies, institutions, and organizations used by the State to carry out this part;
(2) Enforcing any obligations imposed on those agencies under part C of the Act and these regulations;
(3) Providing technical assistance, if necessary, to those agencies, institutions, and organizations; and
(4) Correcting deficiencies that are identified through monitoring.
Each lead agency shall adopt written procedures for—
(a) Resolving any complaint that any public agency is violating a requirement of part C of the Act or this part by—
(1) Providing for the filing of a complaint with the lead agency; and
(2) At the lead agency's discretion, providing for the filing of a complaint with a public agency and the right to have the lead agency review the public agency's decision on the complaint; and
(b) Informing parents and other interested individuals about the procedures in §§ 303.510 through 303.512.
Because of the interagency nature of part C of the Act, complaints received under these regulations could concern violations by (1) any public agency in the State that receives funds under this part (e.g., the lead agency and the Council), (2) other public agencies that are involved in the State's early intervention program, or (3) private service providers that receive part C funds on a contract basis from a public agency to carry out a given function or provide a given service required under this part. These complaint procedures are in addition to any other rights under State or Federal law. The lead agency must provide for the filing of a complaint with the lead agency and, at the lead agency's discretion, with a public agency subject to a right of appeal to the lead agency.
An individual or organization may file a written signed complaint under § 303.510. The complaint must include—
(a) A statement that the State has violated a requirement of part C of the Act or the regulations in this part; and
(b) The facts on which the complaint is based.
Each lead agency shall include the following in its complaint procedures:
(a) A time limit of 60 calendar days after a complaint is filed under § 303.510(a) to—
(1) Carry out an independent on-site investigation, if the lead agency determines that such an investigation is necessary;
(2) Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;
(3) Review all relevant information and make an independent determination as to whether the public agency is violating a requirement of part C of the Act or of this part; and
(4) Issue a written decision to the complainant that addresses each allegation in the complaint and contains—
(i) Findings of fact and conclusions; and
(ii) The reasons for the lead agency's final decision.
(b) An extension of the time limit under paragraph (a) of this section only if exceptional circumstances exist with respect to a particular complaint.
(c) Procedures for effective implementation of the lead agency's final decision, if needed, including technical assistance activities, negotiations, and corrective actions to achieve compliance.
(d) The right of the complainant or the public agency to request the Secretary to review the lead agency's final decision.
(a)
(1) Meet the requirements in paragraph (b) of this section; and
(2) Be reflected in the interagency agreements required in § 303.523.
(b)
(1) Specify which functions and services will be provided at no cost to all parents;
(2) Specify which functions or services, if any, will be subject to a system of payments, and include—
(i) Information about the payment system and schedule of sliding fees that will be used; and
(ii) The basis and amount of payments; and
(3) Include an assurance that—
(i) Fees will not be charged for the services that a child is otherwise entitled to receive at no cost to parents; and
(ii) The inability of the parents of an eligible child to pay for services will not result in the denial of services to the child or the child's family; and
(4) Set out any fees that will be charged for early intervention services and the basis for those fees.
(c)
(a)
(b)
(1) Implementing the child find requirements in § 303.321.
(2) Evaluation and assessment, as included in § 303.322, and including the functions related to evaluation and assessment in § 303.12.
(3) Service coordination, as included in §§ 303.22 and 303.344(g).
(4) Administrative and coordinative activities related to—
(i) The development, review, and evaluation of IFSPs in §§ 303.340 through 303.346; and
(ii) Implementation of the procedural safeguards in subpart E of this part and the other components of the statewide
(c)
(a) Each lead agency is responsible for—
(1) The identification and coordination of all available resources for early intervention services within the State, including those from Federal, State, local, and private sources; and
(2) Updating the information on the funding sources in paragraph (a)(1) of this section, if a legislative or policy change is made under any of those sources.
(b) The Federal funding sources in paragraph (a)(1) of this section include—
(1) Title V of the Social Security Act (relating to Maternal and Child Health);
(2) Title XIX of the Social Security Act (relating to the general Medicaid Program, and EPSDT);
(3) The Head Start Act;
(4) Parts B and H of the Act;
(5) The Developmental Disabilities Assistance and Bill of Rights Act (Pub. L. 94-103); and
(6) Other Federal programs.
(a)
(b)
(c)
(2) The agreement with each agency must—
(i) Permit the agency to resolve its own internal disputes (based on the agency's procedures that are included in the agreement), so long as the agency acts in a timely manner; and
(ii) Include the process that the lead agency will follow in achieving resolution of intra-agency disputes, if a given agency is unable to resolve its own internal disputes in a timely manner.
(d)
A State may meet the requirement in paragraph (c)(1) of this section in any way permitted under State law, including (1) providing for a third party (e.g., an administrative law judge) to review a dispute and render a decision, (2) assignment of the responsibility by the Governor to the lead agency or Council, or (3) having the final decision made directly by the Governor.
(a) Each lead agency is responsible for resolving individual disputes, in accordance with the procedures in § 303.523(c)(2)(ii).
(b)(1) During a dispute, the individual or entity responsible for assigning financial responsibility among appropriate agencies under § 303.143 (“financial designee”) shall assign financial responsibility to—
(i) An agency, subject to the provisions in paragraph (b)(2) of this section; or
(ii) The lead agency, in accordance with the “payor of last resort” provisions in § 303.527.
(2) If, during the lead agency's resolution of the dispute, the financial designee determines that the assignment of financial responsibility under paragraph (b)(1)(i) of this section was inappropriately made—
(i) The financial designee shall reassign the responsibility to the appropriate agency; and
(ii) The lead agency shall make arrangements for reimbursement of any expenditures incurred by the agency originally assigned responsibility.
(c) To the extent necessary to ensure compliance with its action in paragraph (b)(2) of this section, the lead agency shall—
(1) Refer the dispute to the Council or the Governor; and
(2) Implement the procedures to ensure the delivery of services in a timely manner in accordance with § 303.525.
Each lead agency is responsible for the development of procedures to ensure that services are provided to eligible children and their families in a timely manner, pending the resolution of disputes among public agencies or service providers.
Each system must include a policy pertaining to contracting or making other arrangements with public or private service providers to provide early intervention services. The policy must include—
(a) A requirement that all early intervention services must meet State standards and be consistent with the provisions of this part;
(b) The mechanisms that the lead agency will use in arranging for these services, including the process by which awards or other arrangements are made; and
(c) The basic requirements that must be met by any individual or organization seeking to provide these services for the lead agency.
In implementing the statewide system, States may elect to continue using agencies and individuals in both the public and private sectors that have previously been involved in providing early intervention services, so long as those agencies and individuals meet the requirements of this part.
(a)
(b)
(2) Payments under paragraph (b)(1) of this section may be made for—
(i) Early intervention services, as described in § 303.12;
(ii) Eligible health services (see § 303.13); and
(iii) Other functions and services authorized under this part, including child find and evaluation and assessment.
(3) The provisions of paragraph (b)(1) of this section do not apply to medical services or “well-baby” health care (see § 303.13(c)(1)).
(c)
The Congress intended that the enactment of part C not be construed as a license to any agency (including the lead agency and other agencies in the State) to withdraw funding for services that currently are or would be made available to eligible children but for the existence of the program under this part. Thus, the Congress intended that other funding sources would continue, and that there would be greater coordination among agencies regarding the payment of costs.
The Congress further clarified its intent concerning payments under Medicaid by including in section 411(k)(13) of the Medicare Catastrophic Coverage Act of 1988 (Pub. L. 100-360) an amendment to title XIX of the Social Security Act. That amendment states, in effect, that nothing in this title shall be construed as prohibiting or restricting, or authorizing the Secretary of Health and Human Services to prohibit or restrict, payment under subsection (a) of section 1903 of the Social Security Act for medical assistance for covered services furnished to an infant or toddler with a disability because those services are included in the child's IFSP adopted pursuant to part C of the Act.
Each system must include a procedure for securing the timely reimbursement of funds used under this part, in accordance with § 303.527(b).
(a) Each system must include the procedures that the State uses to compile data on the statewide system. The procedures must—
(1) Include a process for—
(i) Collecting data from various agencies and service providers in the State;
(ii) Making use of appropriate sampling methods, if sampling is permitted; and
(iii) Describing the sampling methods used, if reporting to the Secretary; and
(2) Provide for reporting data required under section 618 of the Act that relates to this part.
(b) The information required in paragraph (a)(2) of this section must be provided at the time and in the manner specified by the Secretary.
A lead agency may use funds under this part that are reasonable and necessary for administering the State's early intervention program for infants and toddlers with disabilities.
(a) A State that desires to receive financial assistance under this part shall establish a State Interagency Coordinating Council.
(b) The Council must be appointed by the Governor. The Governor shall ensure that the membership of the Council reasonably represents the population of the State.
(c) The Governor shall designate a member of the Council to serve as the chairperson of the Council or require the Council to do so. Any member of the Council who is a representative of the lead agency designated under § 303.500 may not serve as the chairperson of the Council.
To avoid a potential conflict of interest, it is recommended that parent representatives who are selected to serve on the Council not be employees of any agency involved in providing early intervention services.
It is suggested that consideration be given to maintaining an appropriate balance between the urban and rural communities of the State.
(a) The Council must be composed as follows:
(1)(i) At least 20 percent of the members must be parents, including minority parents, of infants or toddlers with disabilities or children with disabilities aged 12 or younger, with knowledge of, or experience with, programs for infants and toddlers with disabilities.
(ii) At least one member must be a parent of an infant or toddler with a disability or a child with a disability aged six or younger.
(2) At least 20 percent of the members must be public or private providers of early intervention services.
(3) At least one member must be from the State legislature.
(4) At least one member must be involved in personnel preparation.
(5) At least one member must—
(i) Be from each of the State agencies involved in the provisions of, or payment for, early intervention services to infants and toddlers with disabilities and their families; and
(ii) Have sufficient authority to engage in policy planning and implementation on behalf of these agencies.
(6) At least one member must—
(i) Be from the State educational agency responsible for preschool services to children with disabilities; and
(ii) Have sufficient authority to engage in policy planning and implementation on behalf of that agency.
(7) At least one member must be from the agency responsible for the State governance of health insurance.
(8) At least one member must be from a Head Start agency or program in the State.
(9) At least one member must be from a State agency responsible for child care.
(b) The Council may include other members selected by the Governor, including a representative from the BIA or, where there is no school operated or funded by the BIA, from the Indian Health Service or the tribe or tribal council.
(a)
(1) To conduct hearings and forums;
(2) To reimburse members of the Council for reasonable and necessary expenses for attending Council meetings and performing Council duties (including child care for parent representatives);
(3) To pay compensation to a member of the Council if the member is not employed or must forfeit wages from other employment when performing official Council business;
(4) To hire staff; and
(5) To obtain the services of professional, technical, and clerical personnel, as may be necessary to carry out the performance of its functions under this part.
(b)
(a) The Council shall meet at least quarterly and in such places as it deems necessary.
(b) The meetings must—
(1) Be publicly announced sufficiently in advance of the dates they are to be held to ensure that all interested parties have an opportunity to attend; and
(2) To the extent appropriate, be open and accessible to the general public.
(c) Interpreters for persons who are deaf and other necessary services must be provided at Council meetings, both for Council members and participants. The Council may use funds under this part to pay for those services.
No member of the Council may cast a vote on any matter that would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest.
(a) Each Council shall—
(1) Advise and assist the lead agency in the development and implementation of the policies that constitute the statewide system;
(2) Assist the lead agency in achieving the full participation, coordination, and cooperation of all appropriate public agencies in the State;
(3) Assist the lead agency in the effective implementation of the statewide system, by establishing a process that includes—
(i) Seeking information from service providers, service coordinators, parents, and others about any Federal, State, or local policies that impede timely service delivery; and
(ii) Taking steps to ensure that any policy problems identified under paragraph (a)(3)(i) of this section are resolved; and
(4) To the extent appropriate, assist the lead agency in the resolution of disputes.
(b) Each Council may advise and assist the lead agency and the State educational agency regarding the provision of appropriate services for children aged birth to five, inclusive.
(c) Each Council may advise appropriate agencies in the State with respect to the integration of services for infants and toddlers with disabilities and at-risk infants and toddlers and their families, regardless of whether at-risk infants and toddlers are eligible for early intervention services in the State.
Each Council shall advise and assist the lead agency in the—
(a) Identification of sources of fiscal and other support for services for early intervention programs under this part;
(b) Assignment of financial responsibility to the appropriate agency; and
(c) Promotion of the interagency agreements under § 303.523.
Each Council shall advise and assist the lead agency in the preparation of
Each Council shall advise and assist the State educational agency regarding the transition of toddlers with disabilities to services provided under part B of the Act, to preschool and other appropriate services.
(a) Each Council shall—
(1) Prepare an annual report to the Governor and to the Secretary on the status of early intervention programs operated within the State for children eligible under this part and their families; and
(2) Submit the report to the Secretary by a date that the Secretary establishes.
(b) Each annual report must contain the information required by the Secretary for the year for which the report is made.
20 U.S.C. 1406, unless otherwise noted.
50 FR 29330, July 18, 1985, unless otherwise noted.
The purpose of this part is to provide financial assistance to State educational agencies and, through them, to local educational agencies and intermediate educational units to remove architectural barriers to children with disabilities and other individuals with disabilities.
This part applies to assistance under section 607 of the Individuals with Disabilities Education Act.
The following regulations apply to assistance under the Removal of Architectural Barriers to Individuals with Disabilities program:
(a) The regulations in this part 304.
(b) The Education Department General Administrative Regulations (EDGAR) in the following parts of title 34 of the Code of Federal Regulations—
(1) Part 76 (State-administered Programs);
(2) Part 77 (Definitions that Apply to Department Regulations);
(3) Part 79 (Intergovernmental Review of Department of Education Programs and Activities);
(4) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);
(5) Part 81 (General Education Provisions Act—Enforcement);
(6) Part 82 (New Restrictions on Lobbying);
(7) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for a Drug-Free Workplace (Grants)); and
(8) Part 86 (Drug-Free Schools and Campuses).
(a)
Application
EDGAR
Fiscal year
Grant
Local educational agency
Project
Public
Secretary
State
State educational agency
Subgrant
(b)
Children and disabilities
Intermediate educational unit
Related services
Special education
(c)
(1)
(2)
The following acronyms are used in this part:
In order to receive funds under this part, an SEA must submit an application to the Secretary for review and approval.
(a) Each SEA shall include in its application assurances that—
(1) Funds received under this part will be used to pay the costs of altering existing buildings and equipment in accordance with the standards in § 304.50;
(2) In using funds appropriated under Pub. L. 98-8, special consideration will be given to projects in areas experiencing high rates of unemployment; and
(3) Funds provided under this part that are appropriated under Pub. L. 98-8 will, to the extent practicable, be utilized in manner which maximizes immediate creation of new employment opportunities to individuals who were unemployed at least 15 of the 26 weeks immediately preceding March 24, 1983 (the date of enactment of Pub. L. 98-8).
(b) Each SEA application must also include the following information:
(1) A description of the goals and objectives to be supported by the grant in sufficient detail for the Secretary to determine what will be achieved with the grant.
(2) The estimated number of LEAs and IEUs that will receive subgrants, and a description of the procedures and criteria the SEA will use to award subgrants to LEAs and IEUs, including any priorities established by the SEA under § 304.51(b) (
In order to receive a grant under this part, the Secretary of the Interior shall submit an application that is consistent with the requirements under § 304.11.
The Secretary of the Interior shall comply with all the requirements that apply to SEAs under subparts A, C, F, and G of this part.
(a) For the purpose of this section—
(1) The term
(2) The term
(i) Under section 611 of the Act, to be receiving special education and related services; or
(ii) In average daily attendance at schools for children with disabilities or supported by a State agency within the meaning of section 1221 of chapter 1 of title I of the Elementary and Secondary Education Act of 1965.
(b) The amount of an SEA's grant under this part for a State other than an Insular Area is determined by—
(1) Dividing the number of children with disabilities in that State by the total number of children with disabilities in all States submitting approvable applications under this part; and
(2) Multiplying that fraction by the amount of funds available for grants under this part minus the amount reserved under paragraphs (c) and (d) of this section.
(c) The Secretary reserves up to one-half of one percent of the aggregate of the amounts available under this part for grants to Insular Areas. Funds reserved by the Secretary for the Insular Areas are allocated proportionately among them on the basis of the number of children ages three through twenty-one in each Insular Area. However, no Insular Area may receive less than $15,000, and allocations within these jurisdictions are ratably reduced, if necessary, to ensure that each Insular Area receives at least that amount. Allocations within these jurisdictions are further ratably reduced if the amount reserved is insufficient to provide $15,000 to each Insular Area.
(d) From any appropriation enacted after September 30, 1986, the Secretary reserves up to 1.25 percent of the aggregate amount available under this part for a grant to the Secretary of the Interior to be used on reservations served by schools operated for Indian children by the Department of the Interior.
The Secretary may reallocate funds—or portions of those funds—made available to the Secretary of the Interior or to a State educational agency under this part if the Secretary determines that the Secretary of the Interior or the State educational agency cannot use the funds in a manner consistent with the requirements of applicable statutes and the regulations in this part. Any reallocation is made on the same basis as grants are determined under § 304.20.
In order to receive funds under this part for any fiscal year, an LEA or IEU shall submit an application for a subgrant to the appropriate SEA.
An LEA or IEU shall include in its application any information that is required by the SEA in order to fulfill its responsibilities under this part.
(a) The SEA shall determine the amount of a subgrant to an LEA or IEU based on—
(1) The size, scope, and quality of the proposed project; and
(2) Any other relevant criteria developed by the SEA and included in the SEA application approved by the Secretary.
(b) The SEA may establish minimum and maximum amounts for subgrants.
(a) The SEA may reallocate funds provided for subgrants under this part if an LEA or IEU cannot use the funds in a manner consistent with the requirements of section 607 of the Individuals with Disabilities Education Act and the requirements in this part.
(b) The SEA shall reallocate funds in accordance with the criteria and priorities for approving subgrants in its approved application.
The alteration of existing buildings and equipment under this part must be done consistently with standards adopted by the General Services Administration (GSA) under Pub. L. 90-480, the Architectural Barriers Act of 1968. However, the dimensions set out in those standards may be modified as appropriate considering the age groups of the individuals who will use the buildings or equipment.
On August 7, 1984, the GSA adopted new standards under the Architectural Barriers Act (49 FR 31528) and incorporated them by reference at 41 CFR 101-19.603 (49 FR 31625).
(a) An SEA may establish priorities for the use of funds made available under this part. The SEA may, for example, give special consideration to projects that will meet the special needs of urban or rural locations, or that will facilitate the transition of children with disabilities and individuals with disabilities from school to work.
(b) The Secretary encourages States to use their funds for activities that will—
(1) Make available to children with disabilities the variety of educational programs and services available to nondisabled children in the area served by the LEA or IEU;
(2) Provide nonacademic and extracurricular services and activities in a manner that affords children with disabilities opportunity for participation in these services and activities; and
(3) Provide assessibility to individuals with disabilities involved in the education of children with disabilities or eligible to participate in programs administered by LEAs and IEUs.
To the extent practicable, funds made available under this part that are appropriated under Pub. L. 98-8 must be utilized to create new employment opportunities for the unemployed, as required by Pub. L. 98-8, section 101(c).
An SEA may use up to five percent of its grant for the cost of administering funds provided under this part.
Administrative costs under this part include—
(a) Planning of programs and projects assisted by funds under this part;
(b) Approval, supervision, monitoring, and evaluation by an SEA of the effectiveness of projects assisted by funds made available under this part; and
(c) Technical assistance that an SEA provides to LEAs and IEUs with respect to the requirements of this part.
20 U.S.C. 1421, unless otherwise noted.
49 FR 25997, June 25, 1984, unless otherwise noted.
At 63 FR 23601, Apr. 29, 1998, part 305 was removed, effective Oct. 1, 1998.
(a) This program supports the establishment and operation of Regional Resource Centers that focus on special education and related services and early intervention services. Regional Resource Centers shall provide consultation, technical assistance, and training, as requested, to State educational agencies and through those State educational agencies, to local educational agencies and to other appropriate public agencies providing special education and related services and early intervention services. The purpose of this assistance is to aid these agencies in providing early intervention, special education, and related services to infants, toddlers, children, and youth with disabilities and their families.
(b) This program also supports the establishment and operation of a Federal Center that provides assistance to the Regional Resource Centers in the delivery of technical assistance focusing on national priorities established by the Secretary.
The Secretary may provide assistance under this part through a grant to, or cooperative agreement or contract with—
(a) Institutions of higher education;
(b) Private nonprofit organizations;
(c) State educational agencies;
(d) Public agencies; or
(e) Combinations of these agencies and institutions, such as combinations including one or more local educational agencies within particular regions of the United States.
(a) The following regulations apply to grants and cooperative agreements for Regional Resource Centers:
(1) The regulations in this part 305.
(2) The Education Department General Administrative Regulations (EDGAR) at title 34 of the Code of Federal Regulations in—
(i) Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations);
(ii) Part 75 (Direct Grant Programs);
(iii) Part 77 (Definitions that Apply to Department Regulations);
(iv) Part 79 (Intergovernmental Review of Department of Education Programs and Activities);
(v) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);
(vi) Part 81 (General Education Provisions Act—Enforcement);
(vii) Part 82 (New Restrictions on Lobbying);
(viii) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirement for Drug-Free Workplace (Grants)); and
(ix) Part 86 (Drug-Free Schools and Campuses).
(b) The Federal Acquisition Regulation (FAR) in 48 CFR chapter 1 and the Department of Education Acquisition Regulation (EDAR) in 48 CFR chapter 34 apply to contracts for Regional Resource and Federal Centers.
(a)
Applicant
Application
Award
Budget period
Contract
EDGAR
Fiscal Year
Grant
Grant period
Local educational agency
Nonprofit
Private
Project
Project period
Public
Secretary
State
State educational agency
Each Regional Resource Center shall—
(a) Assist State educational agencies and through such State educational agencies, local educational agencies and other appropriate public agencies, through services such as consultation, technical assistance, and training, to provide more effectively special education, related services, and early intervention services to infants, toddlers, children, and youth with disabilities, and their families;
(b) Assist in identifying and solving persistent problems, and in identifying emerging issues and trends in providing quality special education, related services, and early intervention services to infants, toddlers, children, and
(c) Assist in developing, identifying, and replicating successful programs and practices that will improve special education, related services, and early intervention services to infants, toddlers, children, and youth with disabilities, and their families;
(d) Gather and disseminate information to all State educational agencies in the region and coordinate activities with other Regional Resource Centers and with other relevant programs and projects conducted by the Department;
(e) Assist in the improvement of information dissemination to, and training activities for, professionals and parents of infants, toddlers, children, and youth with disabilities; and
(f) Provide information to and training for agencies, institutions, and organizations regarding techniques and approaches for submitting applications for grants and cooperative agreements under this part and parts D through G of the Act.
The Federal Center shall—
(a) Provide a national perspective for establishing technical assistance activities within and across regions by identifying and synthesizing emerging issues and trends and establishing a panel to interpret this information. This panel must be broadly representative of the special education constituency, including representatives of State and local educational agencies, parent organizations, consumer and advocacy organizations, professional organizations, and consumers, with particular attention being given to individuals from minority backgrounds. This information must be shared with Regional Resource Centers and State educational agencies and may serve as a basis for multi-State and multi-regional technical assistance activities;
(b) Assist in linking and coordinating the Regional Resource Centers with each other and with other technical assistance providers, including health-related entities as well as organizations representing persons with disabilities, professional organizations, and parent projects. Information from these activities must be shared with the Regional Resource Centers as well as the States;
(c) Provide information to, and training for, agencies, institutions, and organizations regarding techniques and approaches for submitting applications for grants, contracts, and cooperative agreements under parts C through G of the Act, and make that information available to the Regional Resource Centers on request;
(d) Give priority to providing technical assistance concerning the education of children with disabilities from minority backgrounds and exchanging information with and, if appropriate, cooperating with other centers addressing the needs of these children; and
(e) Provide assistance to State educational agencies, through Regional Resource Centers, for the training of hearing officers.
The Secretary establishes the following regions:
(a) Region 1: Maine, Vermont, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, and New Jersey.
(b) Region 2: Maryland, Delaware, Virginia, West Virginia, Washington, DC, Kentucky, Tennessee, North Carolina, and South Carolina.
(c) Region 3: Georgia, Alabama, Florida, Mississippi, Puerto Rico, the Virgin Islands, New Mexico, Texas, Oklahoma, Arkansas, and Louisiana.
(d) Region 4: Illinois, Ohio, Indiana, Pennsylvania, Wisconsin, Minnesota, and Michigan.
(e) Region 5: Montana, Wyoming, North Dakota, South Dakota, Utah, Colorado, Nebraska, Kansas, Iowa, Missouri, and the Bureau of Indian Affairs.
(f) Region 6: Oregon, Idaho, Washington, Alaska, California, Arizona, Nevada, the Republic of Palau, the Republic of the Marhsall Islands, the Federated States of Micronesia, Guam,
For any fiscal year, the Secretary may, in the application notice, require the Centers to give priority to one or more of the services listed in § 305.10 and § 305.11.
The Secretary uses the criteria in this section to evaluate applications for new grants. The maximum number of points for each criterion is stated in parentheses. The maximum score for all of the criteria is 100 points.
(a)
(2) The Secretary reviews each application for a Federal Center for information that identifies potential issues and trends of national concern and procedures for obtaining broad based input in validating, interpreting, synthesizing, and updating information on emerging issues and trends on a regular basis.
(b)
(2) In making this determination, the Secretary considers evidence of relevant experience which demonstrates the capacity to provide technical assistance to State educational agencies, commitment to the accomplishment of the project, and timely completion of previous comparable work.
(c)
(2) The Secretary looks for information that shows—
(i) High quality in the design of the project;
(ii) An effective plan of management that ensures proper and efficient administration of the project;
(iii) A clear description of how the objectives of the project relate to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel to achieve each objective;
(v) A clear description of how the applicant will provide equal access and treatment for eligible project participants who are members of groups that have been traditionally underrepresented, such as—
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(d)
(2) The Secretary looks for information that shows—
(i) The qualifications of the project director (if one is to be used);
(ii) The qualifications of each of the other key personnel to be used in the project;
(iii) The time that each person referred to in paragraphs (d) (1) and (2) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications for employment from persons who are members of groups that
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers experience and training, in fields related to the objectives of the project, as well as other information that the applicant provides.
(e)
(2) The Secretary looks for information that shows—
(i) The budget for the project is adequate to support the project activities; and
(ii) Costs are reasonable in relation to the objectives of the project.
(f)
(2) The Secretary looks for information that shows methods of evaluation that are appropriate for the project, and, to the extent possible, are objective and produce data that are quantifiable. For Regional Resource Centers, evaluation methods must include evaluation of changes in State capacity to work with local educational agencies to improve services for students with disabilities.
(g)
(2) The Secretary looks for information that shows—
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are adequate.
Each Regional Resource or Federal Center shall—
(a) Report a summary of materials produced or developed in the manner and at the time the Secretary may establish.
(b) Assist in the evaluation of the effectiveness of Regional Resource Center activities through cooperation with other projects under this part and with other appropriate projects such as the program evaluations under section 610(d) of the Act.
(c) Assure that the services provided are consistent with the priority needs identified by the States served by the Center.
(d) If appropriate, prepare reports describing their procedures, findings, and other relevant information in a form that will maximize the dissemination and use of those procedures, findings, and information. The Secretary shall require their delivery, as appropriate, to the Regional and Federal Resource Centers, the Clearinghouses, and the Technical Assistance to Parents Program (TAPP) assisted under parts C and D of the Act, as well as the national Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted, and the Child and Adolescent Service Systems Program (CASSP) under the National Institute of Mental
20 U.S.C. 1422, unless otherwise noted.
49 FR 28364, July 11, 1984, unless otherwise noted.
At 63 FR 23601, Apr. 29, 1998, part 307 was removed, effective Oct. 1, 1998.
This program supports projects that enhance services to children with deaf-blindness, particularly by providing technical assistance to State educational agencies, local educational agencies, designated lead agencies under part H, and others who are involved in the early intervention or education of children with deaf-blindness.
Public or nonprofit private agencies, institutions, or organizations, including an Indian tribe and the Bureau of Indian Affairs of the Department of the Interior (if acting on behalf of schools operated by the Bureau for children and students on Indian reservations) and tribally controlled schools funded by the Department of the Interior, may apply for an award under this part.
The following regulations apply to this program:
(a) The regulations in this part 307.
(b) The Education Department General Administrative Regulations (EDGAR) established in title 34 of the Code of Federal Regulations in—
(1) Part 74 (Administration of Grants);
(2) Part 75 (Direct Grant Programs);
(3) Part 77 (Definitions);
(4) Part 78 (Education Appeal Board); and
(5) Part 79 (Intergovernmental Review of Department of Education Programs and Activities).
(a)
Applicant
Application
EDGAR
Grant
Grantee
Nonprofit
Private
Project
Public
Secretary
State
(b)
Counseling services (§ 300.13(b)(2))
Evaluation (§ 300.500(c))
Free appropriate public education (§ 300.4)
Parent (§ 300.10)
Parent counseling and training (§ 300.13(b)(6))
Public agency (§ 300.11)
Related services (§ 300.13)
Special education (§ 300.14)
(c)
(i) With mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and
(ii) Who, for that reason, need special education and related services.
(2) For children aged three to five, inclusive, the term may, at State's discretion, include children—
(i) Who are experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and
(ii) Who, for that reason, need special education and related services.
The Secretary may provide financial assistance under this part to support the following activities:
(a) Technical assistance to agencies, institutions, or organizations providing educational or early intervention services to children with deaf-blindness;
(b) Preservice or inservice training to paraprofessionals, professionals, or related services personnel preparing to serve, or serving, children with deaf-blindness;
(c) Replication of successful innovative approaches to providing educational, early intervention, or related services to children with deaf-blindness;
(d) Pilot projects that are designed to—
(1) Expand local educational agency capabilities by providing services to children with deaf-blindness that supplement services already provided to children and youth through State and local resources; and
(2) Encourage eventual assumption of funding responsibility by State and local authorities;
(e) Development, improvement, or demonstration of new or existing methods, approaches, or techniques that contribute to the adjustment, early intervention, and education of children with deaf-blindness;
(f) Facilitation of parent involvement in the education of their children with deaf-blindness;
(g) Research to identify and meet the full range of special needs of those children;
(h) Technical assistance for transitional services, as described in § 307.13; and
(i) A national clearinghouse for children with deaf-blindness as described in § 307.15.
(a) The Secretary may provide financial assistance under this part to State and multi-State projects to support the following activities—
(1) Special education, early intervention, and related services, as well as vocational and transitional services, to children with deaf-blindness to whom States are not obligated to make available a free appropriate public education under part B of the Individuals with Disabilities Education Act and to whom the State is not providing those services under some other authority. These services may include the following:
(i) The diagnosis and educational evaluation of children who are likely to be diagnosed as having deaf-blindness;
(ii) Programs of adjustment, education, and orientation for children with deaf-blindness; and
(iii) Consultative, counseling, and training services for the families of children with deaf-blindness.
(iv) Preparation of a coordinated plan for each child with deaf-blindness served, describing all the services provided under paragraphs (a)(1) (i) through (iii) of this section. These services must be in accordance with other Federal and State programs.
(2) Technical assistance to public and private agencies, institutions, and organizations providing early intervention, educational, transitional, vocational, early identification, and related
(i) Provide special education and related services, as well as vocational and transitional services, to those children with deaf-blindness to whom they are obligated to make available a free appropriate public education under part B of the Individuals with Disabilities Education Act or some other authority and provide early intervention services under part H of IDEA;
(ii) Provide preservice or inservice training to paraprofessionals, professionals or related services personnel preparing to serve, or serving, children with deaf-blindness;
(iii) Replicate successful, innovative approaches to providing early intervention, educational or related services to children with deaf-blindness;
(iv) Facilitate parental involvement in the education of their children with deaf-blindness;
(v) Provide consultative and counseling services for professionals, paraprofessionals, parents, and others who play a direct role in the lives of children with deaf-blindness, to enable them to understand the special problems of those children, and to assist in the provision of appropriate services to those children; and
(vi) Promote the integration of children with deaf-blindness with children with other disabilities and without disabilities.
(3) The services described in paragraph (a)(1) of this section to children with deaf-blindness to whom a State is obligated to make available a free appropriate public education under part B of the Individuals with Disabilities Education Act and to whom the State is providing those services under some other authority.
(b)(1) Each grantee under this section shall give priority in the use of project funds to the provision of services described in paragraph (a)(1) of this section and to the provision of technical assistance as described in paragraph (a)(2) of this section.
(i) Give first priority in the use of project funds to the provision of services described in paragraph (a)(1) of this section; and
(ii) Give second priority in the use of project funds to the provision of technical assistance to State educational agencies, as described in paragraph (a)(2) of this section.
(2) Any remaining funds may be used by the grantee, upon request of the State educational agency, for pilot projects.
(c) Each grantee under this section shall—
(1) Develop and implement procedures to evaluate the effectiveness of services to children with deaf-blindness which it provides under paragraph (a)(1) of this section;
(2) Provide technical assistance to the public and private agencies, institutions, and organizations served under paragraph (a)(2) of this section in the development and implementation of procedures for evaluating the effectiveness of services they provide to children with deaf-blindness; and
(3) Engage in on-going coordination with the State educational agency, the State's lead agency under part H of the IDEA, and other State agencies responsible for providing services to children with deaf-blindness, in the provision of services under this section.
(d) For the purpose of making awards under § 307.11, the Secretary may make awards for single or multi-State projects. Each State may be served through only one project.
(a) The Secretary may provide financial assistance under this part for projects that establish and support programs for the provision of technical assistance on the activities authorized under § 307.11.
(b) Technical assistance services made available under this section must be requested by a grantee under § 307.11, the lead agency under part H, or a State educational agency, and may be extended at the request of the § 307.11 grantee, the lead agency under part H, or a State educational agency to local
(1) Enhance personnel training programs by, for example, making available the combined expertise of highly trained and experienced professionals from the fields of education and early intervention for children with deaf-blindness;
(2) Apply effective and relevant educational and early intervention research findings; and
(3) Replicate effective methodology and curricula in educating children with deaf-blindness, and in providing early intervention services to children with deaf-blindness.
(c) Technical assistance services made available under this section are to be determined by mutual agreement between the § 307.12 technical assistance grantee and the § 307.11 grantee, the lead agency under part H, or the State education agency.
(a) The Secretary may provide financial assistance under this part to provide technical assistance to State educational agencies in making available to adolescents and young adults with deaf-blindness, programs and services to facilitate their transition from education to employment and other services such as vocational, independent living, and other postsecondary services.
(b) Each grantee under this section must provide each of the following services:
(1) Technical assistance to agencies institutions, and organizations that are preparing adolescents and young adults with deaf-blindness for adult placement, or that are preparing to receive adolescents or young adults with deaf-blindness into adult living and work environments, or that serve, or propose to serve adolescents and young adults with deaf-blindness.
(2) Training or inservice training to paraprofessionals or professionals serving, or preparing to serve, those adolescents and young adults, as well as training to their parents.
(3) Assistance in the development or replication of successful innovative approaches to providing rehabilitative, supervised, semi-supervised, or independent living programs.
(c) As used in this section, the term
(1) Counseling, training, and other services to assist adolescents and young adults with deaf-blindness to adjust to work environments and employment options;
(2) Information concerning relevant public services available to assist adolescents and young adults with deaf-blindness in transition from educational to other services, including, recreational and leisure time resources, rehabilitative, supervised, semi-supervised, or independent living programs, and the procedures for assessing those services; and
(3) Assistance to relevant agencies in the development of individualized work-related plans for adolescents and young adults with deaf-blindness.
(d) Each grantee under this section shall develop and implement strategies to promote coordination between State and local agencies, institutions, and organizations that are preparing adolescents and young adults with deaf-blindness for adult placements, or that are preparing to receive adolescents or young adults with deaf-blindness into adult living and work environments, or that serve, or propose to serve adolescents or young adults with deaf-blindness, including agencies providing rehabilitative, vocational, health, career planning and development, and social services, and agencies providing a range of supervised and unsupervised living options.
(e) Each grantee under this section shall assess the effectiveness of the project in facilitating the transition of adolescents and young adults with deaf-blindness from education to employment and other services such as
The Secretary may provide financial assistance under this part to successful applicants under § 307.11, to support pilot projects described at § 307.10(d).
The Secretary may provide financial assistance under this part to support the following activities:
(a) Identification, coordination, and dissemination of information on deaf-blindness, emphasizing information concerning practices developed through research, development or demonstration activities that have produced statistical or narrative data establishing their effectiveness in working with children with deaf-blindness, including—
(1) Special educational and early intervention programs, services, and resources;
(2) Related medical, health, social, and recreational services;
(3) The nature of deaf-blindness and its early intervention, educational, and employment implications;
(4) Legal issues affecting persons with disabilities; and
(5) Information on available services and programs in postsecondary education for adolescents and young adults with deaf-blindness.
(b) Interaction with educators, professional groups, and parents to identify areas for programming, materials development, training, and expansion of specific services.
(c) Maintenance of a computerized data base on local, regional, and national resources.
(d) Responding to information requests from professionals, parents, and members of the public.
(a) The Secretary may select as annual priorities one or more of the types of projects listed in § 307.10.
(b) The Secretary advises the public of these priorities through an application notice published in the
In determining the funding level for each award under § 307.11 for a single or multi-State project for children with deaf-blindness, the Secretary considers the following factors:
(a) The number of children in the States the applicant proposes to serve.
(b) The number of children with deaf-blindness in the State benefiting from services under § 307.11(a) (1) and (2) in relation to the total number of such children in all States.
(c) The relative cost of providing services authorized under this part to children with deaf-blindness in the States the applicant proposes to serve.
(d) The quality of the application submitted under this part evaluated on the basis of the criteria in § 307.33.
(a) The Secretary evaluates an application submitted under § 307.11 on the
(b) The Secretary awards up to 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in parentheses.
The Secretary uses the following criteria to evaluate the quality of an application submitted under § 307.11. Each applicant may receive up to a total of 100 points. Each application will be evaluated based only on those factors of each criterion that relate to the service needs of the States the applicant proposes to serve.
(a)
(1) The age, number, and location of children with deaf-blindness in the State to whom the State is not obligated to provide a free appropriate public education under part B of the IDEA, to whom the State is not providing special educational and related services under some other authority, and to whom the applicant proposes to provide services;
(2) The specific actions needed for the provision of early intervention, educational, and related services to children with deaf-blindness based on the State's plan for delivery of services to students with handicaps required under parts B and H of the IDEA;
(3) The specific actions needed for the provision of technical assistance addressed by the project based on the State's plan for provision of technical assistance to providers of services to children with deaf-blindness;
(4) The expected benefits to be gained by providing the early intervention, educational, and related services to children with deaf-blindness to be served by the project, their parents and service providers; and
(5) The expected benefits to be gained by meeting the technical assistance needs of service providers to be assisted by the project.
(b)
(1) The quality of the design of the project for providing each of the early intervention, educational, and related services described under § 307.11(a)(1), and for providing technical assistance as described under § 307.11(a)(2);
(2) The extent to which the applicant's plan for providing services and technical assistance implements current research findings and exemplary practices including arranging for services that are age-appropriate for project participants, and providing for the maximum integration of children with deaf-blindness in the least restrictive environment;
(3) How well the objectives of the project respond to the needs of children with deaf-blindness in the State, their parents, and service providers;
(4) The extent to which the plan of management is effective and ensures proper and efficient provision of early intervention, educational, and related services, and technical assistance, and reflects an analysis of the service needs of children with deaf-blindness in the State;
(5) How well the objectives of the project relate to the purpose of the program;
(6) How the project will assist the State in developing and implementing the State's Comprehensive Systems of Personnel Development required under parts B and H of IDEA;
(7) How the applicant will ensure that project participants who are otherwise eligible to participate are selected without regard to race, color,
(8) The quality of the applicant's plan for providing early intervention, consultative, and training services for families of children with deaf-blindness as described in § 307.11(a)(1)(iii);
(9) The quality of the applicant's plan to involve parents in the development and delivery of appropriate services to their children with deaf-blindness; and
(10) The extent to which services provided for children birth through two years of age meet the requirements of part H of the IDEA.
(c)
(1) The qualifications of the project director;
(2) The qualifications of each of the other key personnel to be used in the project;
(3) The experience among key personnel referred to in paragraphs (c)(1) and (2) of this section, relevant to the provision of quality educational services to children with deaf-blindness in less restrictive environments.
(4) The time that each person referred to in paragraphs (c)(1) and (2) of this section will commit to the project; and
(5) How the applicant, as part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disabling condition.
(d)
(1) Are appropriate to the project; and
(2) To the extent possible, are objective and produce data that are quantifiable.
(Cross-reference: See 34 CFR 75.590 Evaluation by the grantee)
(e)
(1) The budgets are adequate to support the activities;
(2) Costs are reasonable in relation to the objectives of the project; and
(3) Costs reflect—
(i) The time anticipated to be spent by each staff member for the provision of services described under § 307.11(a)(1) and costs for contracted and consultative services, travel costs, and other direct costs;
(ii) The time anticipated to be spent by each staff member for the provision of technical assistance under § 307.11(a)(2), and costs for contracted and consultative services, travel, and other related expenditures for technical assistance activities; and
(iii) The time anticipated to be spent for administrative services.
(f)
(1) Related activities funded from grants, contracts, and cooperative agreements awarded under parts C, D, E, F, and G of the IDEA; and
(2) Relevant agencies, organizations, and institutions having responsibility to deliver services to children with deaf-blindness in the State, including State education agencies and other service providers under parts B and H of the IDEA and section 1221
(g)
If more than one eligible application is received on behalf of any State for an award under § 307.11, the Secretary applies the selection criteria in § 307.33 and selects the highest ranked application for funding.
The Secretary uses the following criteria to evaluate an application for the provision of technical assistance under § 307.10, § 307.12, and § 307.l3. Each application may receive up to a total of 100 points:
(a)
(1) The extent and importance of the needs addressed by the project;
(2) The expected benefits to children with deaf-blindness served by the project, their parents, and service providers; and
(3) The national significance of the project in terms of potential benefits to children with deaf-blindness who are not directly involved in the project.
(b)
(1) The quality of the design of the project;
(2) The extent to which the plan of management is effective and ensures proper and efficient administration of the project;
(3) How well the objectives of the project relate to the purpose of the program;
(4) The quality of the applicant's plan to use its resources and personnel to achieve each objective;
(5) How the applicant will ensure that project participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or disabling condition.
(c)
(i) The qualifications of the project director;
(ii) The qualifications of each of the other key personnel to be used in the project;
(iii) The time that each person referred to in paragraphs (c)(1) (i) and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disabling condition.
(2) To determine personnel qualifications under paragraphs (c)(1) (i) and (ii) of this section, the Secretary considers—
(i) Experience and training in fields related to the objectives of the project; and
(ii) Any other qualifications that pertain to the quality of the project.
(d)
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the project.
(e)
(1) Are appropriate to the project; and
(2) To the extent possible, are objective and produce data that are quantifiable.
(Cross-reference: See 34 CFR 75.590 Evaluation by the grantee.)
(f)
(g)
(1) Ensures proper and efficient dissemination of project information throughout the Nation; and
(2) Adequately includes the content, intended audiences, and timelines for production of all project documents and other products that the applicant will disseminate.
The Secretary uses the following criteria to evaluate the quality of an application submitted under § 307.10 (except for technical assistance projects), and under § 307.14 and § 307.15. Each applicant may receive up to a total of 100 points.
(a)
(i) The significance of the problem or issues to be addressed;
(ii) The extent to which the project is based on previous results, research and evaluation findings, or other information related to the problem or issue;
(iii) The contribution that project findings or products will make to current knowledge and practice; and
(iv) The extent to which findings, information, or products of the project will be designed to promote their adaptation by and usefulness to others in conducting related projects.
(2) In determining the extent of the importance and impact of the application, the Secretary also considers the relevance of proposed activities in addressing the unique needs of children targeted by the project.
(3) In determining the importance and impact of the application the Secretary considers the extent to which the project addresses the unique needs of children with disabilities from minority backgrounds.
(b)
(i) The quality of the design of the project;
(ii) The proposed sample or target population, including the numbers of participants involved and methods that will be used by the applicant to ensure that participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, or disabling conditions; and
(iii) The anticipated outcomes.
(2) In determining the technical soundness of an application, the Secretary also considers—
(i) For pilot projects under § 307.14—
(A) The correlation with and relevance to the activities under § 307.11 for a State or multi-State project; and
(B) The extent to which practices of the pilot project can be adopted in other settings within the State;
(ii) For the clearinghouse project under § 307.15—
(A) The extent to which the applicant evidences awareness of the magnitude and importance of effective public awareness, the existence of already existing materials and resources available to meet general and specific educator and consumer needs, and gaps in the bank of resources and materials to meet those needs;
(B) The quality of the information retrieval, assimilation, revision and dissemination systems that the applicant will utilize in meeting general requests of the public as well as the specific needs of educators, administrators, and consumers; and
(C) The adequacy of project procedures for addressing, through products and outreach procedures, the unique needs of users from traditionally underrepresented groups;
(iii) For research projects—
(A) The comprehensiveness of the review of research to the problem or issues to be addressed by the project and to the nature of the population to be included in the project;
(B) The theoretical soundness of the conceptual framework and research hypotheses upon which the research is to be conducted;
(C) The appropriateness of the data analysis, procedures, and instrumentation;
(D) The effectiveness of the research design in testing the research hypotheses; and
(E) How the anticipated research results can be utilized in subsequent research or demonstration projects, if applicable;
(iv) For model development, improvement, or demonstration projects—
(A) The extent to which the project is focused on the development or adaptation of innovative educational practices;
(B) The nature and extent to which the proposed practices to be included in the model demonstration have been identified and validated through prior research or related model developmental efforts with the same or similar target populations;
(C) The extent to which the practices to be demonstrated promote the integration of children with deaf-blindness with peers who are not disabled in least-restrictive environments; and
(D) The extent to which the project will develop materials and procedures that can be used by others to implement the model;
(v) For replication, outreach, or utilization projects—
(A) The nature and extent to which the practices to be disseminated through outreach strategies have been validated for effectiveness;
(B) The extent to which the practices to be replicated or utilized promote the integration of children with deaf-blindness with peers who are not disabled in least-restrictive environments; and
(C) The extent to which the practices to be replicated or utilized are economically feasible for other nonfederally supported replications, and lend themselves for adaptations with other relevant populations.
(vi) For preservice or inservice training projects—
(A) If appropriate, the degree to which the proposed activities relate to and are coordinated with specific training needs identified by the State educational agency under part B and State lead agency under part H in its Comprehensive System of Personnel Development plan;
(B) The extent to which the training will result in certification, recertification or licensure for participants completing the training;
(C) The extent to which the curriculum is theoretically sound, incorporates validated effective practices, is appropriate in scope and sequence, incorporates appropriate practicum experiences, and can be used by others to train personnel with similar training needs;
(D) The quality of the practicum training sites—school, group home, supported living, and other settings where children with deaf-blindness are found—including evidence that they are sufficiently available, apply state-of-the-art services and model teaching practices, materials and technology, provide adequate supervision to trainees, and offer opportunities for trainees to teach and foster interactions between children with disabilities and their peers who are not disabled; and
(E) The extent to which training addresses the needs of a range of children including children with disabilities from minority backgrounds; and
(vii) For parent involvement projects—
(A) The extent to which the project will address specific needs and interests of parents of children with deaf-blindness upon which the project is focused;
(B) The extent to which the project promotes the active involvement of parents of children with deaf-blindness in the design, implementation, and on-going review of the educational and related services to be provided to their children with deaf-blindness for which the project is to provide benefit; and
(C) The extent to which the project is designed to meet the unique needs of parents of children with deaf-blindness from minority backgrounds.
(3) The maximum possible score awarded under this criterion is indicated in parentheses by the type of project proposed, as follows:
(i) For pilot projects (15 points).
(ii) For the clearinghouse project under § 307.15 (10 points).
(iii) For research projects (30 points).
(iv) For development, improvement, demonstration, or other projects (20 points).
(v) For replication, outreach, or utilization projects (15 points).
(vi) For preservice or inservice training projects (15 points).
(vii) For parent involvement projects (15 points).
(c)
(i) The extent to which the plan of management is effective for the type of project proposed and ensures proper and efficient administration of the project;
(ii) The adequacy of the applicant's resources and plan for use of resources and personnel to achieve project objectives;
(iii) How the budget proposed by the applicant is adequate to support the activities and that the costs are reasonable in relation to the objectives of the project;
(iv) The adequacy of the applicant's procedures for initiating and maintaining coordination with relevant State, local and professional organizations and agencies, for the purpose of furthering achievement of the project objectives;
(v) The adequacy of the applicant's plan to involve project participants with disabilities and, as appropriate, their family members in the development, implementation, and on-going review of project outcomes; and
(vi) The adequacy of the applicant's plan to determine the effectiveness and timeliness in completion of the managerial procedures and objectives of the project's plan of operation.
(2) The maximum possible score awarded under this criterion is indicated in parentheses by the type of project proposed, as follows:
(i) For pilot projects (30 points).
(ii) For the clearinghouse project under § 307.15 (35 points).
(iii) For research projects (15 points).
(iv) For development, improvement, demonstration, or other projects (25 points).
(v) For replication, outreach, or utilization projects (30 points).
(vi) For preservice or inservice training projects (30 points).
(vii) For parent involvement projects (30 points).
(d)
(i) The qualifications of the project director or principal investigator;
(ii) The qualifications of each of the other key personnel to be used in the project;
(iii) The time that each person referred to in paragraphs (d)(1) (i) and (ii) of this section will commit to the project; and
(iv) Strategies of the applicant to identify and recruit personnel with disabilities or from traditionally underrepresented groups.
(2) In determining the qualifications of each person referred to in paragraphs (d)(1) (i) and (ii) the Secretary also considers—
(i) Experience and training in conducting, documenting, and applying the types of activities to be conducted; and
(ii) Knowledge of the results and findings of relevant projects and potential for application of this information in addressing the unique needs of the children with deaf-blindness to be included in the project.
(e)
(i) The adequacy of the applicant's plan to determine, to the extent relevant, the effectiveness of the project in achieving measurable change and positive outcomes for children with deaf-blindness who were served by the project and others for whom the project was designed to benefit;
(ii) The adequacy of the applicant's plan to determine the effectiveness and
(iii) The procedures for recording, reviewing, analyzing, and interpreting for relevant audiences, data generated through conducting project activities.
In carrying out this part, the Secretary takes into consideration the availability and quality of existing services for children with deaf-blindness in the country, and, to the extent practicable, ensures that all parts of the country have an opportunity to receive assistance under this part.
Each grantee under this part shall establish and maintain an advisory committee for the project. Each committee must include at least one parent of a child or youth with deaf-blindness, a representative of the State educational agency in the State in which the grantee is located, a limited number of professionals with training and experience in serving children with deaf-blindness, and other individuals representing related agencies and organizations. These committees may participate in such activities as—
(a) Planning, development, and operation of the project; and
(b) Dissemination of information regarding the project's activities.
(a) The Secretary, if appropriate, requires grantees to prepare reports describing their procedures, findings, and other relevant information in a form that will maximize the dissemination and use of those procedures, findings, and information.
(b) The Secretary requires delivery of those reports, as appropriate, to—
(1) The regional and Federal resource centers, the clearinghouses, and the technical assistance to parents assisted under parts C and D of the Act;
(2) The National Diffusion Network;
(3) The ERIC Clearinghouse on the Handicapped and Gifted;
(4) The Child and Adolescent Service Systems Program (CASSP) under the National Institute of Mental Health;
(5) Appropriate parent and professional organizations;
(6) Organizations representing individuals with disabilities; and
(7) Such other networks as the Secretary may determine to be appropriate.
20 U.S.C. 1423, unless otherwise noted.
52 FR 29817, Aug. 11, 1987, unless otherwise noted.
At 63 FR 23601, Apr. 29, 1998, part 309 was removed, effective Oct. 1, 1998.
The EEPCD supports activities that are designed—
(a) To address the special needs of children with disabilities, birth through age eight, and their families; and
(b) To assist State and local entities in expanding and improving programs and services for these children and their families.
(a)(1) Public agencies and nonprofit private organizations are eligible for a grant or cooperative agreement under § 309.3 (a) through (h).
(2) Profit-making organizations are also eligible under § 309.3 (e) and (f).
(b) States are eligible for grants or cooperative agreements under § 309.3(i).
The Secretary may provide financial assistance in the form of a contract grant or cooperative agreement under this part to support the following activities:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
The following regulations apply to grants and cooperative agreements under this program:
(a) The Education Department General Administrative Regulations (EDGAR) established in title 34 of the Code of Federal Regulations in—
(1) Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations);
(2) Part 75 (Direct Grant Programs);
(3) Part 77 (Definitions that Apply to Department Regulations);
(4) Part 79 (Intergovernmental Review of Department of Education Programs and Activities);
(5) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);
(6) Part 81 (General Education Provisions Act—Enforcement);
(7) Part 82 (New Restrictions on Lobbying);
(8) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)); and
(9) Part 86 (Drug-Free Schools and Campuses)
(b) The regulations in this part 309.
(a)
Applicant
Application
Award
Contract
Department
EDGAR
Fiscal year
Grant
Local educational agency
Nonprofit
Nonpublic
Private
Project
Public
Secretary
State
State educational agency
(b)
Include (§ 300.6)
Parent (§ 300.10)
Related services (§ 300.13)
Special education (§ 300.14)
(c)
(i) With mental retardation, hearing impairments including deafness, speech
(ii) Who, because of those impairments, need special education and related services.
(2) The term includes infants and toddlers, birth through age two, who need early intervention services because they—
(i) Are experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Cognitive development, physical development including vision and hearing, language and speech development, psychosocial development, or self-help skills, or
(ii) Have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.
(3) The term also includes individuals from birth through age two who are at risk of having substantial developmental delays if early intervention services are not provided.
(4) For children aged three to five, inclusive, the term may, at a State's discretion, include children—
(i) Who are experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas; Physical development, cognitive development, communication development, social or emotional development, or adaptive development; and
(ii) Who, for that reason, need special education and related services.
Applicants for assistance under this part must submit a separate application for each activity in § 309.3 that is announced for competition.
The Secretary may establish as a priority any activity in § 309.3.
(a) The Secretary evaluates an application under this part on the basis of the criteria in § 309.21.
(b) The Secretary awards up 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in parentheses.
The Secretary uses the following criteria to evaluate applications unless, with regard to training projects, he determines that the selection criteria in 34 CFR part 318 are more appropriate:
(a)
(2) The Secretary considers—
(i) The significance of the problem or issue to be addressed;
(ii) The extent to which the project is based on previous research findings related to the problem or issue;
(iii) The numbers of individuals who will benefit; and
(iv) How the project wil address the identified problem or issue.
(b)
(2) The Secretary considers—
(i) The contribution that project findings or products will make to current knowledge and practice;
(ii) The methods used for dissemination of project findings or products to appropriate target audiences; and
(iii) The extent to which findings or products are replicable, if appropriate.
(c)
(2) In reviewing applications under this part, the Secretary considers—
(i) The quality of the design of the project;
(ii) The proposed sample or target population, including the numbers of participants involved and methods that will be used by the applicant to ensure that participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or disability;
(iii) The methods and procedures used to implement the design, including instrumentation and data analysis; and
(iv) The anticipated outcomes.
(3) With respect to training projects in applying the criterion in paragraph (c)(2)(iii) of this section, the Secretary considers—
(i) The curriculum, course sequence, and practice leading to specific competencies; and
(ii) The relationship of the project to the comprehensive system of personnel development plans required by parts B and H of the Act, and State licensure or certification standards.
(4) In addition to the criteria in paragraph (c)(2) of this section, the Secretary, in reviewing outreach projects, also considers—
(i) The agencies to be served through outreach activities;
(ii) The current services, their location, and anticipated impact of outreach assistance for each of those agencies;
(iii) The model demonstration project upon which the outreach project is based, including the effectiveness of the model program with children, families, or other recipients of project services; and
(iv) The likelihood that the demonstration project will be continued and supported by funds other that those available through this part.
(d)
(2) The Secretary considers—
(i) The extent to which the management plan will ensure proper and efficient administration of the project:
(ii) Clarity in the goals and objectives of the project;
(iii) The quality of the activities proposed to accomplish the goals and objectives;
(iv) The adequacy of proposed timeliness for accomplishing those activities; and
(v) Effectiveness in the ways in which the applicant plans to use the resources and personnel to accomplish the goals and objectives.
(e)
(2) The Secretary considers the extent to which the methods of evaluation are appropriate and produce objectives and quantifiable data.
(f)
(2) The Secretary considers—
(i) The qualifications of the project director and project coordinator (if one is used);
(ii) The qualifications of each of the other key project personnel;
(iii) The time that each person referred to in paragraphs (f)(2) (i) and (ii) of this section will commit to the project; and
(iv) How the applicant will ensure that personnel are selected for employment without regard to race, color, national origin, gender, age, or disability.
(3) The Secretary considers experience and training in areas related to project goals to determine qualifications of key personnel.
(g)
(2) The Secretary considers the adequacy of the facilities and the equipment and supplies that the applicant plans to use.
(h)
(2) The Secretary considers the extent to which—
(i) The budget for the project is adequate to undertake project activities; and
(ii) Costs are reasonable in relation to objectives of the project.
To the extent feasible, the Secretary, in addition to using the selection criteria in § 309.21, geographically disperses awards for experimental, demonstration, outreach, and statewide data systems projects throughout the Nation in urban and rural areas.
(a) Experimental, demonstration, and outreach projects must include services and activities that are designed to—
(1) Facilitate the intellectual, emotional, physical, mental, social, speech or other communication mode, language development, and self-help skills of children with disabilities;
(2) Provide family education and include a parent or their representative, as well as encourage the participation of parents of children with disabilities, in the development and operation of projects under this section;
(3) Acquaint the community in which the project is located with the special needs and potentialities of children with disabilities;
(4) Offer training about exemplary models and practices, including interdisciplinary models and practices, to State and local personnel who provide services to children with disabilities, and to the parents of these children;
(5) Support the adoption of exemplary models and practices in States and local communities, including the involvement of adult role models with disabilities at all levels of the program;
(6) Facilitate and improve the early identification of infants and toddlers with disabilities or those infants and toddlers at risk of having developmental disabilities;
(7) Facilitate the transition of infants with disabilities or infants at risk of having developmental delays, from medical care to early intervention services, and the transition from early intervention services to preschool special education or regular education services (especially where the lead agency for early intervention services under part H of the Act is not the State educational agency);
(8) Promote the use of assistive technology devices and assistive technology services, if appropriate, to enhance the development of infants and toddlers with disabilities;
(9) Increase the understanding of, and address, the early intervention and preschool needs of children exposed prenatally to maternal substance abuse;
(10) Facilitate and improve outreach to low-income, minority, rural, and other underserved populations eligible for assistance under parts B and H of the Act; and
(11) Support statewide projects, in conjunction with a State's application under part H of the Act and a State's plan under part B or the Act, to change the delivery of early intervention services to infants and toddlers with disabilities, and to change the delivery of special education and related services to preschool children with disabilities, from segregated to integrated environments.
(b) Experimental, demonstration, and outreach projects must be coordinated with State and local educational agencies, and appropriate public and private health and social service agencies, in order to—
(1) Inform those agencies of the nature and purposes of the assisted project's activities or services; and
(2) Provide opportunities for the project staff to coordinate their activities with staff of other agencies.
(a) Federal financial participation for an experimental, demonstration, or outreach project may not exceed 90 percent of the total annual costs of development, operation, and evaluation of the project.
(b) The Secretary may waive the matching requirement in paragraph (a) of this section in the case of an arrangement entered into with governing bodies of Indian tribes located on Federal or State reservations and with consortia of those bodies if they are able to demonstrate that insufficient resources are available.
(a) The technical assistance development system shall provide assistance to parents of and advocates for infants, toddlers, and children with disabilities, as well as direct service and administrative personnel involved with these children, including assistance to part H State agencies on procedures for use by primary referral sources in referring a child to the appropriate agency within the system for evaluation, assessment, or service.
(b) Information from the system should be aggressively disseminated through established information networks and other mechanisms to ensure both an impact and benefits at the community level.
Recipients of statewide data systems projects shall—
(a) Create a data system within the first year to document the numbers and types of at-risk children in the State and to develop linkages with all appropriate existing child data and tracking systems that assist in providing information;
(b) Coordinate activities with the child find component required under parts B and H of the Act;
(c) Demonstrate the involvement of the lead agency and the State interagency coordinating council under part H of the Act as well as the State educational agency under part B of the Act;
(d) Coordinate with other relevant prevention activities across appropriate service agencies, organizations, councils, and commissions;
(e) Define an appropriate service delivery system based on children with various types of at-risk factors; and
(f) Document the need for additional services as well as barriers.
Grantees shall, if appropriate, prepare reports describing their procedures, findings, and other relevant information in a form that will maximize the dissemination and use of such procedures, findings, and information. The Secretary shall require their delivery, as appropriate, to the Regional and Federal Resource Centers, the Clearinghouses, and the Technical Assistance to Parents Program (TAPP) assisted under parts C and D of the Act, as well as the National Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted, and the Child
20 U.S.C. 1424, unless otherwise noted.
49 FR 28021, July 9, 1984, unless otherwise noted.
At 63 FR 23601, Apr. 29, 1998, part 315 was removed, effective Oct. 1, 1998.
This program supports research, development or demonstration, training, and dissemination activities that, consistent with the purpose of part C of the Individuals with Disabilities Education Act, meet the unique educational needs of infants, toddlers, children, and youth with severe disabilities.
Any public or private, profit or nonprofit, organization or institution may apply for a grant under this program.
The following regulations apply to this program:
(a) The regulations in this part 315.
(b) The Education Department General Administrative Regulations (EDGAR) established in title 34 of the Code of Federal Regulations in—
(1) Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals and Nonprofit Organizations);
(2) Part 75 (Direct Grant Programs);
(3) Part 77 (Definitions that Apply to Department Regulations);
(4) Part 79 (Intergovernmental Review of Department of Education Programs and Activities);
(5) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);
(6) Part 81 (General Education Provisions Act—Enforcement);
(7) Part 82 (New Restrictions on Lobbying);
(8) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)); and
(9) Part 86 (Drug-Free Schools and Campuses).
(a)
Applicant
Application
Award
EDGAR
Fiscal year
Grant
Grantee
Nonprofit
Preschool
Private
Project
Public
Recipient
Secretary
State
(b)
(c)
(i) With mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and
(ii) Who, for that reason, need special education and related services.
(2) The term includes infants and toddlers, birth through age two, who need early intervention services because they—
(i) Are experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Cognitive development, physical development including vision and hearing, language and speech development, psychosocial development, or self-help skills; or
(ii) Have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.
(3) The term includes, at a State's discretion, individuals from birth through age two who are at risk of having substantial developmental delays if early intervention services are not provided.
(4) For children aged three to five, inclusive, the term may, at a State's discretion, include children—
(i) Who are experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and
(ii) Who, for that reason, need special education and related services.
(d)
(2) The term includes those children with disabilities with severe emotional disturbance (including schizophrenia), autism, severe and profound mental retardation, and those who have two or more serious disabilities such as deaf-blindness, mental retardation and
(3) Children with severe disabilities—
(i) May experience severe speech, language, and/or perceptual-cognitive deprivations, and evidence abnormal behaviors such as—
(A) Failure to respond to pronounced social stimuli;
(B) Self-multilation;
(C) Self-stimulation;
(D) Manifestation of intense and prolonged temper tantrums; and
(E) The absence of rudimentary forms of verbal control; and
(ii) May also have extremely fragile physiological conditions.
The Secretary may provide financial assistance under this part to support the following activities:
(a) Research to identify and meet the full range of special education, related services and early intervention needs (including transportation to and from school) of children with severe disabilities, described in § 315.11.
(b) The development or demonstration of new, or improvements in existing, methods, approaches, or techniques which would contribute to the adjustment and education of children with severe disabilities, as described in § 315.12.
(c) Training of special and regular education, related services, and early intervention personnel engaged or preparing to engage in programs specifically designed for children with severe disabilities, including training of regular teachers, instructors, and administrators in strategies for serving children with disabilities that include integrated settings for educating children with severe disabilities along with their nondisabled peers, as described in § 315.13.
(d) Dissemination of materials and information about practices found effective in working with children with severe disabilities, as described in § 315.14.
(e) Statewide projects in conjunction with the State's plan under part B, to improve the quality of special education and related services for children with severe disabilities, and to change the delivery of those services from segregated to integrated environments.
(f) Development and operation of extended school year demonstration projects for children with severe disabilities.
(a) The Secretary may provide financial assistance under this part for the following research activities:
(1) Research to identify and meet the full range of special education, related services and early intervention needs (including transportation to and from school) of children with severe disabilities.
(2) Research to identify and meet the instructional or counseling needs of parents, professionals, and others involved in the provision of services to children with severe disabilities, for the purpose of facilitating the delivery and improving the quality of these services.
(b) Each application for assistance under this part must—
(1) Specifically describe and justify the research activities which the applicant proposes to undertake;
(2) Fully describe how the applicant will develop and validate the effectiveness of procedures for applying the project's research findings to the provision of improved direct services to children with severe disabilities.
(a) The Secretary may provide financial assistance under this part for one or more of the following development and demonstration activities to meet the needs of children with severe disabilities.
(1) Review, analysis, and evaluation of current educational practices and research findings.
(2) Diagnosis and evaluation of the learning capacities and limitations of children with severe disabilities and the identification of their specific learning needs and problems.
(3) Design and demonstration of innovative procedures for addressing the identified needs of children with severe disabilities in a variety of settings.
(4) Evaluation of the progress and achievement of children with severe disabilities who participate in project activities.
(b) Each application for assistance under this part must—
(1) Justify the need for the development or demonstration activities which the applicant proposes to undertake, particularly in consideration of related development or demonstration activities in the nation where applicable;
(2) Describe the nature and extent of the impact which the proposed activities are expected to have on children with severe disabilities who will be served by the project; and
(3) Describe the impact, in terms of replicability, that the activities are expected to have upon children and youth not served by the project.
The Secretary may provide financial assistance under this part to support training activities that meet the following requirements:
(a)
(b)
(c)
(d) Each application for assistance under this part must—
(1) Justify the need for the training activities that the applicant proposes to undertake; and
(2) Describe the nature and extent of the impact that the proposed activities are expected to have on children with severe disabilities who will ultimately be served by the individuals who receive the training.
The Secretary may provide assistance under this part for dissemination activities including distribution of materials and information to educational institutions, parents, the general public, and members of professions engaged in the field of the education of children with severe disabilities.
(a) For any fiscal year, the Secretary may give priority to one or more of the activities listed in §§ 315.10—315.14.
(b) The Secretary advises the public of these priorities through a notice published in the
(c) The Secretary may establish other priorities through publication of one or more notices in the
(a) The Secretary evaluates an application on the basis of the criteria in §§ 315.32 or 315.33.
(b) The Secretary awards up to 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in parentheses.
The Secretary uses the following criteria to evaluate an application for a research project described in § 315.11:
(a)
(1) The programmatic research areas proposed by the applicant represent critical areas of investigation, or problems whose solution would have greatest impact on improving services to children with severe disabilities; and
(2) The specific questions to be addressed in the project are likely to generate knowledge needed for bringing about a major change in understanding of the topical area.
(b)
(i) The design;
(ii) The proposed sample;
(iii) Instrumentation; and
(iv) Data analysis procedures.
(2) The Secretary also reviews each application for the relevance of its proposed training efforts, including—
(i) Strategies for provision of training; and
(ii) Relationships between the applicant, other organizations or agencies providing training in coordination with the applicant, and trainees receiving training from the applicant.
(c)
(1) The extent to which the plan of management is effective and ensures proper and efficient administration of the project;
(2) How the objectives of the project relate to the purpose of the program;
(3) The quality of the applicant's plans to use its resources and personnel to achieve each objective; and
(4) How the applicant will ensure that project participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or disabling condition.
(d)
(i) The qualifications of the project director or principal investigator;
(ii) The qualifications of each of the other key personnel to be used in the project;
(iii) The time that each person referred to in paragraphs (d)(1) (i) and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disabling condition.
(2) To determine personnel qualifications under paragraphs (d)(1) (i) and (ii) of this section, the Secretary considers—
(i) Experience and training in conducting, documenting, and applying research pertaining to children with severe disabilities;
(ii) Awareness of relevant research findings and demonstration project results pertaining to other children with disabilities and the potential for use of the findings and results with children with severe disabilities; and
(iii) Experience in communicating research findings to service providers of children with severe disabilities and in assisting these providers with effective application of the findings.
(e)
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the project.
(f)
(1) Are appropriate to the project; and
(2) To the extent possible, are objective and produce data that are quantifiable.
See 34 CFR 75.590 Evaluation by the grantee.)
(g)
(h)
(1) Ensures proper and efficient dissemination of project information within the State in which the project is located and throughout the Nation; and
(2) Provides a clear description of the content, intended audiences, and timelines for production of all project documents and other products that the applicant will disseminate.
The Secretary uses the following criteria to evaluate an application for a demonstration project under § 315.12 and a training project under § 315.13. The Secretary also uses these criteria to evaluate a dissemination project under § 315.14, except that a maximum of 30 points may be given for criterion (b) (plan of operation) and no points are provided for criterion (g) (dissemination plan).
(a)
(1) The needs addressed by the project;
(2) The impact and benefits to be gained by meeting the educational and related service needs of children with severe disabilities served by the project, their parents and service providers; and
(3) The national significance of the project in terms of potential benefits to children with severe disabilities who are not directly involved in the project.
(b)
(1) The quality of the design of the project;
(2) The extent to which the plan of management is effective and ensures proper and efficient administration of the project;
(3) How well the objectives of the project relate to the purpose of the program;
(4) The quality of the applicant's plan to use its resources and personnel to achieve each objective;
(5) How the applicant will ensure that project participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or disabling condition.
(c)
(i) The qualifications of the project director;
(ii) The qualifications of each of the other key personnel to be used in the project;
(iii) The time that each person referred to in paragraphs (c)(1) (i) and (ii) of this section will commit to the project; and
(iv) How the applicant, as part of its non-discriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disabling condition.
(2) To determine personnel qualifications under paragraph (c)(1) (i) and (ii) of this section, the Secretary considers—
(i) Experience and training in fields related to the objectives of the project; and
(ii) Any other qualifications that pertain to the quality of the project.
(d)
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the project.
(e)
(1) Are appropriate to the project; and
(2) To the extent possible, are objective and produce data that are quantifiable.
See 34 CFR 75.590 Evaluation by the grantee)
(f)
(g)
(1) Ensures proper and efficient dissemination of project information within the State in which the project is located and throughout the Nation; and
(2) Adequately includes the content, intended audiences, and timeliness for production of all project documents and other products which the applicant will disseminate.
To the extent feasible, the Secretary supports activities that are geographically dispersed throughout the Nation in urban and rural areas.
Each recipient shall coordinate the activities assisted under this part with similar activities assisted under other sections of the Act.
Grantees shall, if appropriate, prepare reports describing their procedures, findings, and other relevant information in a form that will maximize the dissemination and use of such procedures, findings, and information. The Secretary shall require their delivery, as appropriate, to the Regional and Federal Resource Centers, the Clearinghouses, and the Technical Assistance to Parents Program (TAPP) assisted under parts C and D of the Act, as well as the National Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted, and the Child and Adolescent Service Systems Program (CASSP) under the National Institute of Mental Health, appropriate parent and professional organizations, organizations representing individuals with disabilities, and such other networks as the Secretary may determine to be appropriate.
20 U.S.C. 1431(d) and 1434, unless otherwise noted.
57 FR 62096, Dec. 29, 1992, unless otherwise noted.
At 63 FR 23601, Apr. 29, 1998, part 316 was removed, effective Oct. 1, 1998.
(a) This program provides training and information to parents of children (infants, toddlers, children, and youth) with disabilities, and to persons who work with parents to enable parents to participate more fully and effectively with professionals in meeting the educational needs of their children with disabilities.
(b) Parent training and information programs may, at a grantee's discretion, include participation of State or local educational agency personnel if that participation will further an objective of the program assisted by the grant.
Only parent organizations are eligible to receive awards under this program.
The Secretary funds three kinds of projects under this program:
(a) Parent training and information centers.
(b) Experimental urban and rural parent training and information centers.
(c) Technical assistance for establishing, developing, and coordinating parent training and information programs.
The following regulations apply to this program:
(a) The Education Department General Administrative Regulations (EDGAR) in the following parts of title 34 of the Code of Federal Regulations:
(1) Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations).
(2) Part 75 (Direct Grant Programs).
(3) Part 77 (Definitions That Apply to Department Regulations).
(4) Part 79 (Intergovernmental Review of Department of Education Programs and Activities).
(5) Part 81 (General Education Provisions Act—Enforcement).
(6) Part 82 (New Restrictions on Lobbying).
(7) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for a Drug-Free Workplace (Grants)).
(b) The regulations in this part 316.
(a)
Applicant
Application
Award
Department
EDGAR
Fiscal year
Local educational agency
Nonprofit
Private
Project
Secretary
State
State educational agency
(b)
Individualized education program
Parent
Related services
Special education
(c)
(a) Parent training and information centers assisted under § 316.3(a) must assist parents to—
(1) Better understand the nature and needs of the disabling conditions of their children with disabilities;
(2) Provide follow-up support for the educational programs of their children with disabilities;
(3) Communicate more effectively with special and regular educators, administrators, related services personnel, and other relevant professionals;
(4) Participate fully in educational decisionmaking processes, including the development of the individualized education program, for a child with a disability;
(5) Obtain information about the range of options, programs, services, and resources available at the national, State, and local levels to children with disabilities and their families; and
(6) Understand the provisions for educating children with disabilities under the Act.
(b) Experimental urban centers under § 316.3(b) must serve large numbers of parents of children with disabilities located in high density areas, and experimental rural centers under § 316.3(b) must serve large numbers of parents of children with disabilities located in rural areas. The centers may focus on particular aspects of parent training and information services, including but not limited to those activities required under § 316.10(a). Experimental projects may include a planning and development phase.
(1) Experimental urban centers may concentrate on neighborhoods within a city or focus on specific unserved groups. They may serve an entire city or concentrate on a specific area or ethnic group within a city.
(2) Experimental rural centers may serve a large, sparsely populated area. Projects may identify specific methods, including use of technology and telecommunications, to reach these parents.
(c) The technical assistance to parent programs under § 316.3(c) includes technical assistance for establishing, developing, and coordinating parent training and information programs. Activities must include, but are not limited to, the following:
(1) Determining national needs and identifying unserved regions and populations.
(2) Identifying the specific technical assistance needs of individual centers.
(3) Developing programs in unserved areas.
(4) Conducting annual meetings at national and regional levels.
(5) Identifying and coordinating national activities to serve parents of children with disabilities. This may include conferences, publications, and maintenance of documents and data relevant to parent programs.
(6) Dissemination of information through media, newsletters, computers, and written documentation.
(7) Cooperative activities with other projects and organizations on common goals.
(8) Evaluation, including determination of the impact of technical assistance activities, and evaluation assistance to centers.
(9) Management assistance to centers.
(10) Involvement of parent programs and the Department in identifying one or more substantive specialization areas.
(11) Acting as a resource to parent training programs in identified specialization areas such as transition, supported employment, early childhood, integration, and technology.
(a) Applicants for awards for parent centers and experimental centers under § 316.3 (a) and (b) shall demonstrate the capacity and expertise to conduct the authorized training and information activities effectively, and to network with clearinghouses, including those authorized under section 633 of the Act, other organizations and agencies, and
(b) In order to assure that awards for parent centers under § 316.3(a) serve parents of minority children with disabilities (including parents served pursuant to § 316.33) representative to the proportion of the minority population in the areas being served, applicants for awards shall identify with specificity the special efforts that will be undertaken to involve those parents, including efforts to work with community-based and cultural organizations and the specification of supplementary aids, services, and supports that will be made available. Applicants shall also specify budgetary items earmarked to accomplish these efforts.
(c) Applicants for awards for experimental urban centers shall provide a rationale for their project and demonstrate a capability to serve the parents they have identified and targeted for services.
(a) The Secretary evaluates an application on the basis of the criteria in §§ 316.22 and 316.23.
(b) The Secretary awards up to 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in parentheses.
The Secretary uses the following criteria to evaluate applications for parent centers and experimental centers:
(a)
(1) The present and projected needs in the applicant's geographic area for trained parents;
(2) The present and projected training and information needs for personnel to work with parents of children with disabilities; and
(3) Parents of minority infants, toddlers, children, and youth with disabilities.
(b)
(1) Better understand the nature and needs of the disabling conditions of their children with disabilities;
(2) Provide follow-up support for the educational programs of their children with disabilities;
(3) Communicate more effectively with special and regular educators, administrators, related services personnel, and other relevant professionals;
(4) Participate fully in educational decision-making processes, including the development of the individualized educational program, for a child with a disability;
(5) Obtain information about the range of options, programs, services, and resources available at the national, State, and local levels to children with disabilities and their families; and
(6) Understand the provisions for educating children with disabilities under the Act.
(c)
(1) High quality in the design of the project;
(2) An effective management plan that ensures proper and efficient administration of the project;
(3) How the objectives of the project relate to the purpose of the program;
(4) The way the applicant plans to use its resources and personnel to achieve each objective; and
(5) How the applicant addresses the needs of parents of minority infants,
(d)
(1) Are appropriate for the project;
(2) To the extent possible, are objective and produce data that are quantifiable (See 34 CFR 75.590, Evaluation by the grantee.); and
(3) Provide the data required for the annual report to Congress. (See 20 U.S.C. 1434 (a)(3) and (b))
(e)
(1) The qualifications of the project director;
(2) The qualifications of each of the other key personnel to be used on the project;
(3) The time each of the key personnel plans to commit to the project;
(4) How the applicant, as a part of its nondiscriminatory practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disability; and
(5) Evidence of the applicant's past experience in the fields relating to the objectives of the project.
(f)
(1) The budget for the project is adequate to support the project activities; and
(2) Costs are reasonable in relation to the objectives of the project.
The Secretary uses the following criteria to evaluate applications for technical assistance activities:
(a)
(1) High quality in the design of the project;
(2) An effective plan of management that ensures proper and efficient administration of the project;
(3) A clear description of how the objectives of the project relate to the purpose of the program; and
(4) The way the applicant plans to use its resources and personnel to achieve each objective.
(b)
(1) The project's potential for national significance, its potential for effectiveness, and the quality of its plan for dissemination of the results of the project;
(2) The extent to which substantive content and organization of the project—
(i) Are appropriate for the attainment of knowledge that is necessary for the provision of quality educational and early intervention services to infants, toddlers, children, and youth with disabilities; and
(ii) Demonstrate an awareness of relevant methods, procedures, techniques, technology, and instructional media or materials that can be used in the development of a model to assist parents of infants, toddlers, children, and youth with disabilities; and
(3) The extent to which project philosophy, objectives, and activities are related to the educational or early intervention needs of infants, toddlers, children, and youth with disabilities.
(c)
(1) Experience and training in fields related to the objectives of the project;
(2) National experience relevant to performance of the functions supported by the project;
(3) Ability to conduct the proposed project;
(4) Ability to communicate with intended consumers of information; and
(5) Ability to maintain necessary communication and coordination with
(d)
(1) The qualifications of the project director;
(2) The qualifications of each of the other key personnel to be used in the project;
(3) The time that each of the key personnel plans to commit to the project;
(4) How the applicant, as a part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disability; and
(5) Evidence of the key personnel's past experience and training in fields related to the objectives of the project.
(e)
(1) Are appropriate for the project; and
(2) To the extent possible, are objective and produce data that are quantifiable. (See 34 CFR 75.590, Evaluation by the grantee.)
(f)
(g)
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the project.
In addition to the criteria in § 316.22, the Secretary considers the following factors in making an award:
(a)
(b)
(a) Parent centers and experimental centers must be designed to meet the unique training and information needs of parents of children with disabilities who live in the areas to be served by the project, particularly those who are members of groups that have been traditionally underrepresented.
(b) Parent centers and experimental centers must consult and network with appropriate national, State, regional, and local agencies and organizations that serve or assist children with disabilities and their families in the geographic areas served by the project.
A recipient's board of directors or special governing committee as described in § 316.5 must meet at least once in each calendar quarter to review the parent training and information activities under the award. Whenever a private nonprofit organization requests a renewal of an award under this part, the board of directors or special governing committee shall submit to the Secretary a written review of the parent training and information program
(a) Recipients shall, if appropriate, prepare reports describing their procedures, findings, and other relevant information in a form that will maximize the dissemination and use of these procedures, findings, and information. The Secretary requires their delivery, as appropriate, to the Regional and Federal Reserve Centers, the Clearinghouses, and the Technical Assistance to Parents Program (TAPP) assisted under parts C and D of the Act, as well as the National Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted, and the Child and Adolescent Service Systems Program (CASSP) under the National Institute of Mental Health, appropriate parent and professional organizations, organizations representing individuals with disabilities, and other networks the Secretary may determine to be appropriate.
(b) The recipient shall provide data for every year of the project on—
(1) The number of parents provided information and training by disability category of their children;
(2) The types and modes of information or training provided;
(3) Strategies used to reach and serve parents of minority children with disabilities;
(4) The number of parents served as a result of activities described under paragraph (b)(3) of this section;
(5) Activities to network with other information clearinghouses and parent groups as required by § 316.20(a);
(6) The number of agencies and organizations consulted with at the national, State, regional, and local levels; and
(7) The number of parents served who are parents of children with disabilities birth through age five.
(a) In the case of a grant for parent centers under § 316.3(a) and experimental centers under § 316.3(b) to a private nonprofit organization for fiscal year 1993 or 1994, the organization, in expending the amounts described in paragraph (b) of this section, shall give priority to providing services to parents of children with disabilities birth through age five.
(b) With respect to a grant for a parent center or an experimental center to a private nonprofit organization for fiscal year 1993 or 1994, the amounts referred to in paragraph (a) of this section are any amounts provided in the grant in excess of the amount of any grant under this program provided to the organization for fiscal year 1992.
(c) Recipients of awards for parent centers and experimental centers shall serve parents of children representing the full range of disabling conditions.
20 U.S.C. 1431(a)-(d) and 1434, unless otherwise noted.
57 FR 62099, Dec. 29, 1992, unless otherwise noted.
At 63 FR 23601, Apr. 29, 1998, part 318 was removed, effective Oct. 1, 1998.
This program serves to increase the quantity and improve the quality of personnel available to serve infants, toddlers, children, and youth with disabilities.
The following are eligible for assistance under this part:
(a) Institutions of higher education and appropriate nonprofit agencies are eligible under § 318.10 (a)(1), (a)(2), (a)(7), and (a)(8).
(b) Institutions of higher education, State agencies, and other appropriate nonprofit agencies are eligible under § 318.10(a)(3).
(c) States or other entities are eligible under § 318.10(a) (4) and (5). An entity may not receive financial assistance for a professional development partnership project and a technical assistance project during the same period.
(d) Institutions of higher education in partnership with local education agencies and center schools for students who are deaf are eligible under § 318.10(a)(6).
The following regulations apply to this program:
(a) The Education Department General Administrative Regulations (EDGAR) in the following parts of title 34 of the Code of Federal Regulations:
(1) Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations).
(2) Part 75 (Direct Grant Programs).
(3) Part 77 (Definitions that Apply to Department Regulations).
(4) Part 79 (Intergovernmental Review of Department of Education Programs and Activities).
(5) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments).
(6) Part 81 (General Education Provisions Act—Enforcement).
(7) Part 82 (New Restrictions on Lobbying).
(8) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)).
(9) Part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 318.
(a)
Applicant
Application
Award
Department
EDGAR
Fiscal year
Grant period
Local educational agency
Nonprofit
Preschool
Private
Project
Public
Secretary
State
State educational agency
(b)
Deafness
Deaf-blindness
Other health impairments
Related services
Special education
(c)
(i) Are experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Cognitive development, physical development, including vision and hearing, language and speech development, psychosocial development, or self-help skills; or
(ii) Have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.
(2) The term also includes children from birth through age two who are at risk of having substantial developmental delays if early intervention services are not provided.
(1) All children will start school ready to learn.
(2) The high school graduation rate will increase to at least 90 percent.
(3) Students will leave grades four, eight, and twelve having demonstrated competency in challenging subject matter, including English, mathematics, science, history, and geography, and every school will ensure that all students learn to use their minds well, so that they may be prepared for responsible citizenship, further learning, and productive employment in our modern economy.
(4) Students will be first in the world in science and mathematics achievement.
(5) Every adult will be literate and will possess the knowledge and skills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship.
(6) Every school will be free of drugs and violence and will offer a disciplined environment conducive to learning.
(a) The Secretary supports training programs in the following eight areas:
(1) Preservice training of personnel for careers in special education, related services, and early intervention, including careers in—
(i) Special education teaching, including speech-language pathology, audiology, adapted physical education, and instructional and assistive technology;
(ii) Related services for children with disabilities in educational and other settings; and
(iii) Early intervention and preschool services.
(2) Leadership training, including—
(i) Supervision and administration at the advanced graduate, doctoral, and post-doctoral levels;
(ii) Research; and
(iii) Personnel preparation at the doctoral and post-doctoral levels.
(3) Special projects designed to include—
(i) Development, evaluation, and distribution of innovative approaches, curricula, and materials for personnel development; and
(ii) Other projects of national significance related to the preparation of personnel needed to serve infants, toddlers, children, and youth with disabilities.
(4) The formation of professional development programs consisting of consortia or partnerships of public and private entities.
(5) Technical assistance to the entities in paragraph (a)(4) of this section.
(6) Regional model demonstration training programs on deafness and secondary disabilities.
(7) Training educational interpreters.
(8) Training regular educators who serve students with deafness.
(b) Projects for preservice training, leadership training, and professional development programs must—
(1) Develop new programs to establish expanded capacity for quality preservice training; or
(2) Improve existing programs designed to increase the capacity and quality of preservice training.
(c) Projects supported under this program may provide training for degree, nondegree, certified, and noncertified personnel at associate degree through post-doctoral levels of preparation.
(a) The Secretary may, through a notice published in the
(1)
(2)
(i) Projects to train personnel identified as special education personnel in the regulations in this part are not appropriate, even if those personnel may be considered related services personnel in other settings.
(ii) This priority is not designed for general training. Projects must include inducements and preparation to increase the probability that graduates will direct their efforts toward supportive services to special education. For example, a project in occupational therapy (OT) might support a special component on pediatric or juvenile psychiatric OT, support those students whose career goal is OT in the schools, or provide for practica and internships in school settings.
(3)
(4)
(i) Supervision and administration at the advanced graduate, doctoral, and post-doctoral levels;
(ii) Research; and
(iii) Personnel preparation at the doctoral and post-doctoral levels.
(5)
(i) Appropriate areas of interest include—
(A) Preservice training programs to prepare regular educators to work with children and youth with disabilities and their families;
(B) Training teachers to work in community and school settings with children and youth with disabilities and their families;
(C) Inservice and preservice training of personnel to work with infants, toddlers, children, and youth with disabilities and their families;
(D) Inservice and preservice training of personnel to work with minority infants, toddlers, children, and youth with disabilities, and their families;
(E) Preservice and inservice training of special education and related services personnel in instructive and assistive technology to benefit infants, toddlers, children, and youth with disabilities; and
(F) Recruitment and retention of special education, related services, and early intervention personnel.
(ii) Both inservice and preservice training must include a component that addresses the coordination among all service providers, including regular educators.
(6)
(i) Establishing a program with colleges and universities to develop creative new programs and coursework options or to expand existing programs in the field of special education, related services, or early intervention. Funds may be used to provide release time for faculty and staff for curriculum development, instructional costs, and modest start-up and other program development costs.
(ii) Establishing a career development mentoring program using faculty and professional staff members of participating agencies as role models, career sponsors, and academic advisors for experienced State, city, county, and voluntary sector workers who have demonstrated a commitment to working in these fields and who are enrolled in higher education institution programs relating to these fields.
(iii) Supporting a wide range of programmatic and research activities aimed at increasing opportunities for career advancement and competency-based training in these fields.
(iv) Identifying existing public agency, private agency, and labor union personnel policies and benefit programs that may facilitate the ability of workers to take advantage of higher
(7)
(i) Identifying the specific technical assistance needs of individual projects.
(ii) Conducting annual meetings at the national level.
(iii) Identifying other projects under the Act related to professional development for the purpose of coordinating professional development projects. Coordination activities may include conferences, publications, and maintenance of documents and data relevant to the activities of the professional development projects.
(iv) Cooperating with other projects and organizations on common goals.
(v) Disseminating information through media, newsletters, computers, and written documentation.
(vi) Evaluating center activities, including impact determination, and evaluation assistance to centers.
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(i) Increased collaboration among providers of special education, regular education, bilingual education, migrant education, and vocational education, and among public and private agencies and institutions.
(ii) Improved coordination of services among health and social services agencies and within communities regarding services for children with disabilities and their families.
(iii) Increased systematic parental involvement in the education of their children with disabilities.
(iv) Inclusion of children with disabilities in all aspects of education and society.
(v) Training that is designed to enable special education teachers to teach, as appropriate, to world class standards (such as those developed by the National Council on Teachers of Mathematics) as those standards are developed.
(18)
(19)
(20)
(21)
(b) Under paragraph (a) of this section, the Secretary may identify an amount of funds to be set aside for projects to address the needs of children with particular disabilities and in particular States or geographic areas. Decisions to implement this paragraph would be based on review of each State's comprehensive systems of personnel development, special studies, and other information.
(a) An applicant under § 318.10 (a)(1), (a)(2), (a)(6), or (a)(8) shall demonstrate that the proposed project is consistent with the needs for personnel, including personnel to provide special education services to children with limited English proficiency, identified by the comprehensive systems of personnel development of the State or States typically employing program graduates.
(b) A project under § 318.10 (a)(1), (a)(2), (a)(6), or (a)(8) must include—
(1) Training techniques and procedures designed to foster collaboration among special education teachers, regular teachers, administrators, related service personnel, early intervention personnel, and parents;
(2) Training techniques, procedures, and practica designed to demonstrate the delivery of services in an array of regular, special education, and community settings; and
(3) Interdisciplinary preparation of trainees.
(c) An applicant shall demonstrate how it will address, in whole or in part, the needs of infants, toddlers, children, and youth with disabilities from minority backgrounds.
(d) An applicant under § 318.10 (a)(1), (a)(2), (a)(6), or (a)(8) shall present a detailed description of strategies for recruitment and training of members of minority groups and persons with disabilities.
(e) For technical assistance under § 318.10(a)(5), to professional development partnership projects, an applicant shall demonstrate capacity and expertise in the education, training, and retention of workers to serve children and youth with disabilities through the use of consortia or partnerships established for the purpose of retaining the existing workforce and providing opportunities for career enhancements.
(f) An applicant under § 318.10 ((a)(1), (a)(2), (a)(6), or (a)(8) shall demonstrate that it meets State and professionally recognized standards for the training of personnel, as evidenced by appropriate State and professional accreditation, unless the award is for the purpose of assisting the applicant to meet those standards.
(g) An applicant under § 318.10(a)(7) must provide an assurance that all interpreters receiving training under the grant will be provided training designed to develop skills necessary for facilitating effective communication for students who are deaf or deaf-blind.
(a) The Secretary evaluates an application on the basis of the criteria in §§ 318.22, 318.23, and 318.24.
(b) The Secretary awards up to 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in parentheses.
The Secretary uses the following criteria to evaluate all applications for preservice training under § 318.10(a)(1), leadership training under § 318.10(a)(2), professional development projects under § 318.10(a)(4), regional model demonstration training programs on deafness and secondary disabilities under § 318.10(a)(6), training educational interpreters under § 318.10(a)(7), and training regular educators to serve students with deafness under § 318.10(a)(8).
(a)
(1) The significance of the personnel needs to be addressed to the provisions of special education, related services, and early intervention. Significance of needs identified by the applicant may be shown by—
(i) Evidence of critical shortages of personnel to serve infants, toddlers, children, and youth with disabilities, including those with limited English proficiency, in targeted specialty or geographic areas, as demonstrated by data from the State comprehensive systems of personnel development; reports from the Clearinghouse on Careers and Employment of Personnel serving children and youth with disabilities; or other indicators of need that the applicant demonstrates are relevant, reliable, and accurate; or
(ii) Evidence showing significant need for improvement in the quality of personnel providing special education, related services, and early intervention services, as shown by comparisons of actual and needed skills of personnel in targeted speciality or geographic areas; and
(2) The impact the proposed project will have on the targeted need. Evidence that the project results will have an impact on the targeted needs may include—
(i) The projected number of graduates from the project each year who will have necessary competencies and certification to affect the need;
(ii) For ongoing programs, the extent to which the applicant's projections are supported by the number of previous program graduates that have entered the field for which they received training, and the professional contributions of those graduates; and
(iii) For new programs, the extent to which program features address the projected needs, the applicant's plan for helping graduates locate appropriate employment in the area of need, and the program features that ensure that graduates will have competencies needed to address identified qualitative needs.
(b)
(1) The qualifications and accomplishments of the project director and other key personnel directly involved in the proposed training program, including prior training, publications, and other professional contributions;
(2) The amount of time each key person plans to commit to the project;
(3) How the applicant, as a part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disability;
(4) The adequacy of resources, facilities, supplies, and equipment that the applicant plans to commit to the project;
(5) The quality of the practicum training settings, including evidence that they are sufficiently available; apply state-of-the-art services and model teaching practices, materials, and technology; provide adequate supervision to trainees; offer opportunities for trainees to teach; and foster interaction between students with disabilities and their nondisabled peers;
(6) The capacity of the applicant to recruit well-qualified students;
(7) The experience and capacity of the applicant to assist local public schools and early intervention service agencies in providing training to these personnel, including the development of model practicum sites; and
(8) The extent to which the applicant cooperates with the State educational agency, the State-designated lead agency under part H of the Act, other institutions of higher education, and other appropriate public and private agencies in the region served by the applicant in identifying personnel needs and plans to address those needs.
(c)
(1) High quality in the design of the project;
(2) The extent to which the plan of management ensures effective, proper, and efficient administration of the project;
(3) How well the objectives of the project relate to the purpose of the program;
(4) The way the applicant plans to use its resources and personnel to achieve each objective;
(5) The extent to which the application includes a delineation of competencies that program graduates will acquire and how the competencies will be evaluated;
(6) The extent to which substantive content and organization of the program—
(i) Are appropriate for the students’ attainment of professional knowledge and competencies deemed necessary for the provision of quality educational and early intervention services for infants, toddlers, children, and youth with disabilities; and
(ii) Demonstrate an awareness of methods, procedures, techniques, technology, and instructional media or materials that are relevant to the preparation of personnel who serve infants, toddlers, children, and youth with disabilities; and
(7) The extent to which program philosophy, objectives, and activities implement current research and demonstration results in meeting the educational or early intervention needs of infants, toddlers, children, and youth with disabilities.
(d)
(1) Are appropriate for the project;
(2) To the extent possible, are objective and produce data that are quantifiable, including, but not limited to, the number of trainees graduated and hired; and;
(3) Provide evidence that evaluation data and student follow-up data are systematically collected and used to modify and improve the program. (See 34 CFR 75.590, Evaluation by the grantee.)
(e)
(1) The budget for the project is adequate to support the project activities;
(2) Costs are reasonable in relation to the objectives of the project; and
(3) The applicant presents appropriate plans for the institutionalization of federally supported activities into basic program operations.
The Secretary uses the following criteria to evaluate special projects under § 318.10(a)(3):
(a)
(b)
(1) The project's potential for national significance, its potential for replication and effectiveness, and the quality of its plan for dissemination of the results of the project;
(2) The extent to which substantive content and organization of the project—
(i) Are appropriate for the attainment of knowledge that is necessary for the provision of quality educational and early intervention services to infants, toddlers, children, and youth with disabilities; and
(ii) Demonstrate an awareness of relevant methods, procedures, techniques, technology, and instructional media or materials that can be used in the development of a model to prepare personnel to serve infants, toddlers, children, and youth with disabilities; and
(3) The extent to which program philosophy, objectives, and activities are related to the educational or early intervention needs of infants, toddlers, children, and youth with disabilities.
(c)
(1) High quality in the design of the project;
(2) An effective plan of management that ensures proper and efficient administration of the project;
(3) How the objectives of the project relate to the purpose of the program; and
(4) The way the applicant plans to use its resources and personnel to achieve each objective.
(d)
(1) Are appropriate for the project; and
(2) To the extent possible, are objective and produce data that are quantifiable. (See 34 CFR 75.590, Evaluation by the grantee.)
(e)
(1) The qualifications of the project director;
(2) The qualifications of each of the other key personnel to be used in the project;
(3) The time that each of the key personnel plans to commit to the project;
(4) How the applicant, as a part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disability; and
(5) Evidence of the key personnel's past experience and training in fields related to the objectives of the project.
(f)
(g)
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the project.
The Secretary uses the following criteria to evaluate applications for technical assistance activities under § 318.10(a)(5):
(a)
(1) The quality of the project design;
(2) The effectiveness of the management plan in ensuring proper and efficient administration of the project;
(3) How the objectives of the project relate to the purpose of the program; and
(4) The way the applicant plans to use its resources and personnel to achieve each objective.
(b)
(1) The project's potential for national significance, its potential for effectiveness, and the quality of its plan for dissemination of the results of the project;
(2) The extent to which substantive content and organization of the program—
(i) Are appropriate for the attainment of knowledge that is necessary for the provision of quality educational and early intervention services to infants, toddlers, children, and youth with disabilities; and
(ii) Demonstrate an awareness of relevant methods, procedures, techniques, technology, and instructional media or materials that can be used in the development of a model to prepare personnel to serve infants, toddlers, children, and youth with disabilities; and
(3) The extent to which program philosophy, objectives, and activities are related to the educational or early intervention needs of infants, toddlers, children, and youth with disabilities.
(c)
(1) Experience and training in fields related to the objectives of the project;
(2) National experience relevant to performance of the functions supported by this program;
(3) Ability to conduct the proposed project;
(4) Ability to communicate with intended consumers of information;
(5) Ability to maintain necessary communication and coordination with other relevant projects, agencies, and organizations; and
(6) Capacity and expertise in the education, training, and retention of workers to serve children and youth with disabilities through the use of consortia or partnerships established for the purpose of retaining the existing workforce and providing opportunities for career enhancements.
(d)
(1) The qualifications of the project director;
(2) The qualifications of each of the other key personnel to be used in the project;
(3) The time that each of the key personnel plans to commit to the project; and
(4) How the applicant, as a part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disability.
(e)
(1) Are appropriate for the project; and
(2) To the extent possible, are objective and produce data that are quantifiable. (See 34 CFR 75.590, Evaluation by the grantee.)
(f)
(g)
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the project.
To the extent feasible, the Secretary ensures that projects for professional development partnerships under § 318.10(a)(4) and training educational interpreters under § 318.10(a)(7) are geographically dispersed throughout the Nation in urban and rural areas.
A grantee shall give priority consideration in the selection of qualified recipients of fellowships and traineeships to individuals from disadvantaged backgrounds, including minorities and individuals with disabilities who are underrepresented in the teaching profession or in the specializations in which they are being trained.
The sum of the assistance provided to a student under this part and any other assistance provided the student may not exceed the student's cost of attendance as follows:
(a)
(1) Tuition and fees normally assessed a student carrying the same academic workload (as determined by the institution) including costs for rental
(2) An allowance (as determined by the institution) for books, supplies, transportation, and miscellaneous personal expenses for a student attending the institution on at least a half-time basis;
(3) An allowance (as determined by the institution) for room and board costs incurred by the student that—
(i) Is not less than $1,500 for students without dependents residing at home with parents;
(ii) Is the standard amount that the institution normally assesses its residents for room and board for students without dependents residing in institutionally owned or operated housing; and
(iii) Is based for all other students on the expenses reasonably incurred for room and board outside the institution, except that the amount may not be less than $2,500;
(4) For less than half-time students (as determined by the institution), tuition and fees and an allowance for books, supplies, and transportation (as determined by the institution) and dependent care expenses (in accordance with paragraph (a)(7) of this section);
(5) For a student engaged in a program of study by correspondence, only tuition and fees; and, if required, books and supplies, travel, and room and board costs incurred specifically in fulfilling a required period of residential training;
(6) For a student enrolled in an academic program that normally includes a formal program of study abroad, reasonable costs associated with the study as determined by the institution;
(7) For a student with one or more dependents, an allowance, as determined by the institution, based on the expenses reasonably incurred for dependent care based on the number and age of the dependents; and
(8) For a student with a disability, an allowance, as determined by the institution, for those expenses related to his or her disability, including special services, transportation, equipment, and supplies that are reasonably incurred and not provided for by other assisting agencies.
(b) For a student receiving all or part of his or her instruction by means of telecommunications technology, no distinction may be made with respect to the mode of instruction in determining costs, but this paragraph may not be construed to permit including the cost of rental or purchase of equipment.
Direct financial assistance may only be paid to a student in a preservice program, and only if the student—
(a) Is qualified for admission to the program of study;
(b) Maintains satisfactory progress in a course of study as defined in 34 CFR 668.7; and
(c)(1) Is a citizen or national of the United States;
(2) Provides evidence from the U.S. Immigration and Naturalization Service that he or she—
(i) Is a permanent resident of the United States; or
(ii) Is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident; or
(3) Has a permanent or lasting—as distinguished from temporary—principal, actual dwelling place in fact, without regard to intent, in Palau or the Commonwealth of the Northern Mariana Islands.
Financial assistance awarded to a student that is unexpended because the student withdraws or is dismissed from the training program may be used for financial assistance to other eligible students during the grant period.
Recipients shall, if appropriate, prepare reports describing their procedures, findings, and other relevant information in a form that will maximize
20 U.S.C. 1432, unless otherwise noted.
57 FR 62106, Dec. 29, 1992, unless otherwise noted.
At 63 FR 23601, Apr. 29, 1998, part 319 was removed, effective Oct. 1, 1998.
This program assists States in establishing and maintaining preservice and inservice programs to prepare special and regular education, related services, and early intervention personnel and their supervisors to meet the needs of infants, toddlers, children, and youth with disabilities. These programs must be consistent with the personnel needs identified in the State's comprehensive systems of personnel development under sections 613 and 676(b)(8) of the Individuals With Disabilities Education Act (IDEA). The program also assists States in developing and maintaining their comprehensive systems of personnel development, including conducting recruitment and retention activities.
(a) Each State educational agency (SEA) is eligible to receive an award
(b) Only State educational agencies are eligible for a competitive award described in § 319.3(b).
(c) Profit and nonprofit organizations and agencies are eligible for technical assistance awards described in § 319.3(c).
The Secretary funds basic State awards and may fund competitive grant awards and provide technical assistance to States in developing and maintaining their comprehensive systems of personnel development and in recruitment and retention strategies.
(a)
(b)
(c)
(2) This activity includes, but is not limited to, technical assistance to the States relating to the following—
(i) Monitoring personnel needs in the State including identification of alternative approaches for determining current and projected needs;
(ii) Analyzing strategies to determine needs for professional preparation to meet the needs of children with disabilities;
(iii) Identifying, designing, adapting, testing, and disseminating new professional preparation strategies; and
(iv) Providing technical assistance in the personnel development, recruitment, and retention areas.
(3) Operational activities must include, but are not limited to, the following:
(i) Determining national needs and identifying unserved regions and populations.
(ii) Identifying the specific technical assistance needs of individual States related to professional preparation.
(iii) Conducting annual meetings at national and regional levels.
(iv) Dissemination of information through media, newsletters, computers, and written documentation.
(v) Cooperative activities with other personnel development projects and organizations on common goals.
(vi) Evaluation, including impact determination, and evaluation assistance to personnel development projects funded under section 632 of the IDEA as well as evaluation of comprehensive system of personnel development activities.
The following regulations apply to this program:
(a) The Education Department General Administrative Regulations (EDGAR) in the following parts of title 34 of the Code of Federal Regulations:
(1) Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations).
(2) Part 75 (Direct Grant Programs).
(3) Part 77 (Definitions that Apply to Department Regulations).
(4) Part 79 (Intergovernmental Review of Department of Education Programs and Activities).
(5) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments).
(6) Part 81 (General Education Provisions Act—Enforcement).
(7) Part 82 (New Restrictions on Lobbying).
(8) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)).
(9) Part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 319.
The following terms used in this part are defined in 34 CFR 77.1:
Applicant
Application
Award
Department
EDGAR
Fiscal year
Grant period
Preschool
Project
Public
Secretary
State
State educational agency
An institution of higher education that applies for an award under § 319.3(a) shall demonstrate that it meets State and professionally recognized standards for the training of special education and related services personnel, as evidenced by appropriate State and professional accreditation, unless—as indicated in a published priority of the Secretary—the award is for the purpose of assisting the applicant to meet those standards.
(a) The Secretary evaluates an application on the basis of the criteria in §§ 319.23 and 319.24.
(b) The Secretary awards up to 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in parentheses.
The Secretary determines the amount of an award under § 319.3(a) as follows:
(a) The Secretary distributes no less than 80 percent of the funds available for these awards as follows:
(1) Each State receives a base amount to be determined by the Secretary, but not less than $85,000.
(2) From the funds remaining, the Secretary provides an additional amount to each State based on the State's proportion of the national child count provided under part B of the IDEA and subpart 2 of part D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965, as amended.
(b) After determining a State's award under paragraph (a) of this section, the Secretary determines annually the additional amount of funds to be awarded for the quality of the application based on the criteria set forth in § 319.23.
In any fiscal year, the Secretary may not expend for the competitive program under § 319.3(b) an amount more
The Secretary uses the following criteria to evaluate an application for a basic State award (SEA or IHE applicant) and for a competitive award:
(a)
(1) The extent to which the project identifies and selects priority needs from the range of personnel needs identified in the State comprehensive systems of personnel development;
(2) The extent to which the project addresses the personnel needs selected by the applicant under paragraph (a)(1) of this section; and
(3) If appropriate, how the project relates to actual and projected personnel needs for certified teachers in the State as identified by the State educational agency in its annual data report required under section 618 of the IDEA.
(b)
(1) Competencies that will be acquired by each trainee and how the competencies will be evaluated are identified;
(2) Substantive content of the training to be provided is appropriate for the attainment of professional knowledge and competencies that are necessary for the provision of quality educational or early intervention services to infants, toddlers, children, and youth with disabilities;
(3) Benefits to be gained by the number of trainees expected to be graduated or otherwise to complete training and employed over the next five years are described;
(4) Appropriate methods, procedures, techniques, and instructional media or materials will be used in the preparation of trainees who serve infants, toddlers, children, and youth with disabilities;
(5) If relevant, appropriate practicum facilities are accessible to the applicant agency and trainees and will be used for such activities as observation, participation, practice teaching, laboratory or clinical experience, internships, and other supervised experiences of adequate scope and length;
(6) If relevant, practicum facilities for model programs will provide state-of-the-art educational services, including use of current and innovative curriculum materials, instructional procedures, and equipment; and
(7) Program philosophy, program objectives, and activities to be implemented to attain program objectives are related to the educational or early intervention needs of infants, toddlers, children, and youth with disabilities.
(c)
(1) The quality of the project design;
(2) The effectiveness of the management plan in ensuring proper and efficient administration of the project;
(3) How the objectives of the project relate to the purpose of the program;
(4) The way the applicant plans to use its resources and personnel to achieve each objective; and
(5) How the applicant will ensure that project participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or disability.
(d)
(1) Are appropriate for the project; and
(2) To the extent possible, are objective and produce data that are quantifiable, including, but not limited to, the number of trainees graduated and hired, and the number of trainees who complete short-term in-service or pre-service training programs. (See 34 CFR 75.590, Evaluation by the grantee).
(e)
(1) The qualifications of the project director;
(2) The qualifications of each of the other key personnel to be used in the project;
(3) The time that each of the key personnel plans to commit to the project;
(4) How the applicant, as a part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disability; and
(5) Experience and training in fields related to the objectives of the project.
(f)
(g)
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the project.
The Secretary uses the following criteria to evaluate applications for technical assistance activities:
(a)
(1) The quality of the project design;
(2) The effectiveness of the management plan in ensuring proper and efficient administration of the project;
(3) How the objectives of the project relate to the purpose of the program; and
(4) The way the applicant plans to use its resources and personnel to achieve each objective.
(b)
(1) The project's potential for national significance, its potential effectiveness, and the quality of its plan for dissemination of the results of the project;
(2) The extent to which substantive content and organization of the program—
(i) Are appropriate for the attainment of knowledge that is necessary for the provision of quality educational and early intervention services to infants, toddlers, children, and youth with disabilities; and
(ii) Demonstrate an awareness of relevant methods, procedures, techniques, technology, and instructional media or materials that can be used in the development of a model to prepare personnel to serve infants, toddlers, children, and youth with disabilities; and
(3) The extent to which program philosophy, objectives, and activities are related to the educational or early intervention needs of infants, toddlers, children, and youth with disabilities.
(c)
(1) Experience and training in fields related to the objectives of the project;
(2) National experience relevant to performance of the functions supported by this program;
(3) Ability to conduct the proposed project;
(4) Ability to communicate with intended consumers of information; and
(5) Ability to maintain necessary communication and coordination with other relevant projects, agencies, and organizations.
(d)
(1) The qualifications of the project director;
(2) The qualifications of each of the other key personnel to be used in the project;
(3) The time that each of the key personnel plans to commit to the project; and
(4) How the applicant, as a part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disability.
(e)
(1) Are appropriate for the project; and
(2) To the extent possible, are objective and produce data that are quantifiable. (See 34 CFR 75.590, Evaluation by the grantee.)
(f)
(g)
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the project.
A grantee may use grant funds under § 319.2 (a) and (b) to provide traineeships or stipends. The sum of the assistance provided to a student through this part and any other assistance provided the student may not exceed the student's cost of attendance as follows:
(a)
(1) Tuition and fees normally assessed a student carrying the same academic workload (as determined by the institution) including costs for rental or purchase of any equipment, materials, or supplies required of all students in the same course of study;
(2) An allowance (as determined by the institution) for books, supplies, transportation, miscellaneous and personal expenses for a student attending the institution on at least a half-time basis;
(3) An allowance (as determined by the institution) for room and board costs incurred by the student that—
(i) Is not less than $1,500 for students without dependents residing at home with parents;
(ii) Is the standard amount that the institution normally assesses its residents for room and board for students without dependents residing in institutionally owned or operated housing; and
(iii) Is based for all other students on the expenses reasonably incurred for room and board outside the institution, except that the amount may not be less than $2,500;
(4) For less than half-time students (as determined by the institution), tuition and fees and an allowance for books, supplies, and transportation (as determined by the institution) and dependent care expenses (in accordance with paragraph (a)(7) of this section);
(5) For a student engaged in a program of study by correspondence, only tuition and fees; and, if required, books and supplies, travel, and room and board costs incurred specifically in fulfilling a required period of residential training;
(6) For a student enrolled in an academic program that normally includes a formal program of study abroad, reasonable costs associated with the study as determined by the institution;
(7) For a student with one or more dependents, an allowance, as determined by the institution, based on the expenses reasonably incurred for dependent care based on the number and age of the dependents; and
(8) For a student with a disability, an allowance, as determined by the institution, for those expenses related to his or her disability, including special services, transportation, equipment, and supplies that are reasonably incurred and not provided for by other assisting agencies.
(b) For a student receiving all or part of his or her instruction by means of
Direct financial assistance under § 319.2 (a) and (b) may only be paid to students in preservice programs and only if the student—
(a) Is qualified for admission to the program of study;
(b) Maintains satisfactory progress in a course of study as provided in 34 CFR 668.16(e); and
(c)(1) Is a citizen or national of the United States;
(2) Provides evidence from the U.S. Immigration and Naturalization Service that he or she—
(i) Is a permanent resident of the United States; or
(ii) Is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident; or
(3) Has a permanent or lasting—as distinguished from temporary—principal, actual dwelling place in fact, without regard to intent, in Palau or the Commonwealth of the Northern Mariana Islands.
Financial assistance awarded to a student that is unexpended because the student withdraws or is dismissed from the training program may be used for financial assistance to other eligible students during the grant period.
Recipients shall, if appropriate, prepare reports describing their procedures, findings, and other relevant information in a form that will maximize the dissemination and use of those procedures, findings, and information. The Secretary requires their delivery, as appropriate, to the Regional and Federal Resource Centers, the Clearinghouses, and the Technical Assistance to Parents Program (TAPP) assisted under parts C and D of the IDEA, as well as the National Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted, and the Child and Adolescent Service Systems Program (CASSP) under the National Institute of Mental Health, appropriate, parent and professional organizations, organizations representing individuals with disabilities, and other networks the Secretary may determine to be appropriate.
20 U.S.C. 1433, unless otherwise noted.
49 FR 25986, June 25, 1984, unless otherwise noted.
At 63 FR 23601, Apr. 29, 1998, part 320 was removed, effective Oct. 1, 1998.
The Clearinghouses program provides financial assistance for—
(a) A national clearinghouse on the education of children and youth with disabilities that disseminates information and provides technical assistance to parents, professionals, and other interested parties;
(b) A national clearinghouse on postsecondary education for individuals with disabilities; and
(c) A national clearinghouse designed to encourage students to seek careers and professional personnel to seek employment in the various fields relating to the education of children and youth with disabilities.
Parties eligible to apply for assistance under this part are public agencies or nonprofit private organizations or institutions.
The clearinghouses are required to—
(a) Collect, develop, and disseminate information;
(b) Provide technical assistance;
(c) Conduct coordinated outreach activities;
(d) Provide for the coordination and networking with other relevant national, State, and local organizations and information and referral resources;
(e) Respond to individuals and organizations seeking information; and
(f) Provide for the synthesis of information for its effective utilization by parents, professionals, individuals with disabilities, and other interested parties.
The following regulations apply to grants awarded under this program:
(a) The regulations in this part 320.
(b) The Education Department General Administrative Regulations (EDGAR) in title 34 of the
(1) Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations);
(2) Part 75 (Direct Grant Programs);
(3) Part 77 (Definitions);
(4) Part 79 (Intergovernmental Review of Department of Education Programs and Activities);
(5) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);
(6) Part 81 (General Education Provisions Act—Enforcement);
(7) Part 82 (New Restrictions on Lobbying);
(8) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)); and
(9) Part 86 (Drug-Free Schools and Campuses).
(a)
Contract
EDGAR
Grant
Nonprofit
Private
Project
Public
Secretary
State
(b)
The Secretary may provide funds under this part to—
(a) Establish and operate a national clearinghouse for children and youth with disabilities that will do the following:
(1) Collect and disseminate information (including the development of materials) on characteristics of infants, toddlers, children, and youth with disabilities and on programs, legislation, and services relating to their education under this Act and other Federal laws.
(2) Participate in programs and services related to disability issues for providing outreach, technical assistance; collection, and dissemination of information; and promoting networking of individuals with appropriate national, State, and local agencies and organizations.
(3) Establish a coordinated network and conduct outreach activities with relevant Federal, State, and local organizations and other sources for promoting public awareness of disability issues and the availability of information, programs, and services.
(4) Collect, disseminate, and develop information on current and future national, Federal, regional, and State needs for providing information to parents, professionals, individuals with disabilities, and other interested parties relating to the education and related services of individuals with disabilities.
(5) Provide technical assistance to national, Federal, regional, State and local agencies and organizations seeking to establish information and referral services for individuals with disabilities and their families.
(6) Include strategies to disseminate information to underrepresented groups such as those with limited English proficiency, in carrying out the activities in this section.
(b) Establish and operate a national clearinghouse on postsecondary education for individuals with disabilities that will do the following:
(1) Collect and disseminate information nationally on characteristics of individuals entering and participating in education and training programs after high school; legislation affecting such individuals and such programs; policies; procedures, and support services, as well as adaptations, and other resources available or recommended to facilitate the education of individuals with disabilities; available programs and services that include, or can be adapted to include, individuals with disabilities; and sources of financial aid for the education and training of individuals with disabilities.
(2) Identify areas of need for additional information.
(3) Develop new materials (in both print and nonprint form), especially by synthesizing information from a variety of fields affecting disability issues and the education, rehabilitation, and retraining of individuals with disabilities.
(4) Develop a coordinated network of professionals, related organizations and associations, mass media, other clearinghouses, and governmental agencies at the Federal, regional, State, and local level for the purposes of disseminating information and promoting awareness of issues relevant to the education of individual with disabilities after high school and referring individuals who request information to local resources.
(5) Respond to requests from individuals with disabilities, their parents, and professionals who work with them, for information that will enable them to make appropriate decisions about postsecondary education and training.
(c) Establish and operate a national clearinghouse designed to encourage students to seek careers and professional personnel to seek employment
(1) Collect and disseminate information on current and future national, regional, and State needs for special education and related services personnel.
(2) Disseminate information to high school counselors and others concerning current career opportunities in special education, location of programs, and various forms of financial assistance (such as scholarships, stipends, and allowances).
(3) Identify training programs available around the country.
(4) Establish a network among local and State educational agencies and institutions of higher education concerning the supply of graduates and available openings.
(5) Provide technical assistance to institutions seeking to meet State and professionally recognized standards.
The Secretary uses the criteria in this section to evaluate applications for new grants. The maximum score for all the criteria is 100 points. The maximum score for each complete criterion is indicated in parentheses.
(a)
(2) The Secretary looks for information that shows—
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and efficient administration of the project;
(iii) A clear description of how the objectives of the project relate to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel to achieve each objective; and
(v) A clear description of how the applicant will provide equal access and treatment for eligible project participants who are members of groups that have been traditionally underrepresented such as—
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(b)
(2) The Secretary looks for information that shows—
(i) The qualifications of the project director (if one is to be used);
(ii) The qualifications of each of the other key personnel to be used in the project;
(iii) The time that each person referred to in paragraphs (b)(2) (i) and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications for employment from persons who are members of groups that have been traditionally underrepresented, such as—
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers experience and training, in fields related to the objectives of the project, as well as other information that the applicant provides.
(c)
(2) The Secretary looks for information that shows—
(i) The budget for the project is adequate to support the project activities; and
(ii) Costs are reasonable in relation to the objectives of the project.
(d)
(2) The Secretary looks for information that shows methods of evaluation that are appropriate for the project, and to the extent possible, are objective and produce data that are quantifiable.
(e)
(2) The Secretary looks for information that shows—
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are adequate.
(f)
(1) National experience relevant to performance of the functions supported by this program;
(2) Ability to conduct its proposed project;
(3) Ability to communicate with the intended consumers of information; and
(4) Ability to maintain the necessary communication with other agencies and organizations.
(g)
(i) Similar activities funded from grants and contracts awarded under this part and under part C of the Act; and
(ii) Other agencies and organizations conducting or eligible to conduct activities essential to the effective implementation of the proposed project.
(2) The Secretary looks for information that shows the nature and extent of, and timeline for, coordination which the applicant has had and proposes to have to facilitate implementation and continuation of the project activities after termination of Federal funding.
The Secretary may select as annual priorities any of the activities listed in § 320.10 by publishing a notice in the
In awarding grants, contracts, and cooperative agreements under this part, the Secretary gives priority to any applicant with:
(a) Demonstrated, proven effectiveness at the national level in performing the functions established in this part; and with the ability to conduct such projects, communicate with intended consumers of information, and maintain the necessary communication with national, regional, State and local agencies and organizations.
(b) Demonstrated, proven effectiveness at the national level in provding informational services to minorities and minority organizations.
(a) Each grantee under this part shall ensure that any printed materials it produces or disseminates have been evaluated by individuals with disabilities, parents of children and youth with disabilities, and by appropriate
(b) Recipients of awards under § 320.10 (a), (b), and (c) shall coordinate the dissemination of materials and information activities supported under this part.
(a) Grantees shall, if appropriate, prepare reports describing their procedures, findings, and other relevant information in a form that will maximize the dissemination and use of such procedures, findings, and information. The Secretary shall require their delivery, as appropriate, to the Regional and Federal Resource Centers, the Clearinghouse, and the Technical Assistance to Parents Program (TAPP) assisted under parts C and D of the Act, as well as the National Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted, and the Child and Adolescent Service Systems Programs (CASSP) under the National Institute of Mental health, appropriate parent and professional organizations, organizations representing individuals with disabilities, and such other networks as the Secretary may determine to be appropriate.
(b) Beginning in fiscal year 1991, and for each year thereafter, each project assisted under this part provide information required by the Secretary, including—
(1) The number of individuals served by disability category, as appropriate, including parents, professionals, students, and individuals with disabilities;
(2) A description of responses utilized;
(3) A listing of new products developed and disseminated; and
(4) A description of strategies and activities utilized for outreach to urban and rural areas with populations of minorities and underrepresented groups.
20 U.S.C. 1441-1443, unless otherwise noted.
50 FR 34639, Aug. 26, 1985, unless otherwise noted.
At 63 FR 23601, Apr. 29, 1998, part 324 was removed, effective Oct. 1, 1998.
The Research in Education of Individuals with Disabilities program provides support to—
(a) Advance and improve the knowledge base and improve the practice of professionals, parents, and others providing early intervention, special education, and related services, including professionals who work with children with disabilities in regular education environments, to provide such children effective instruction and enable them to successfully learn; and
(b) Research and related activities, surveys, or demonstrations relating to physical education or recreation, including therapeutic recreation, for children with disabilities.
(a) The Secretary may make grants to, or enter into contracts and cooperative agreements with, State and local educational agencies, institutions of higher education, and other public agencies and nonprofit private organizations for the research and related activities authorized under section 641(a) of the Individuals with Disabilities Education Act.
(b) The Secretary may award grants to States, State or local educational agencies, institutions of higher education, and other public or nonprofit private educational or research agencies and organizations, and may make contracts with States, State and local educational agencies, institutions of higher education, and other public or private educational or research agencies and organizations for research and related purposes authorized under section 642 of the Individuals with Disabilities Education Act, relating to physical education or recreation for children with disabilities, and to conduct research, surveys, or demonstrations relating to physical education or recreation for children with disabilities.
The following regulations apply to this program:
(a) The regulations in this part 324.
(b) The Education Department General Administrative Regulations (EDGAR) in the following parts of title 34 of the Code of Federal Regulations—
(1) Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations);
(2) Part 75 (Direct Grant Programs);
(3) Part 77 (Definitions that Apply to Department Regulations);
(4) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);
(5) Part 81 (General Education Provisions Act—Enforcement);
(6) Part 82 (New Restrictions on Lobbying);
(7) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)); and
(8) Part 86 (Drug-Free Schools and Campuses).
(a)
Applicant
Application
Award
EDGAR
Fiscal year
Grant
Grantee
Local educational agency
Nonprofit
Private
Project
Project period
Secretary
State educational agency
(b)
Related services
Special education
(c)
(1) Is twelve years of age or older; or
(2) Is enrolled in the seventh or higher grade in school.
(a) The priorities under § 324.1(a) must support innovation, development, exchange, and use of advancements in knowledge and practice designed to contribute to the improvement of instruction and learning of infants, toddlers, children, and youth with disabilities.
(b) Under this part, the Secretary may support a wide range of research and related activities designed to—
(1) Advance knowledge regarding the provision of instruction and other interventions to infants, toddlers, children, and youth with disabilities including the—
(i) Organization, synthesis, and interpretation of current knowledge and the identification of knowledge gaps;
(ii) Identification of knowledge and skill competencies needed by personnel providing special education, related services, and early intervention services;
(iii) Improvement of knowledge regarding the developmental and learning characteristics of infants, toddlers, children, and youth with disabilities in order to improve the design and effectiveness of interventions and instruction;
(iv) Evaluation of approaches and interventions;
(v) Development of instructional strategies, techniques, and activities;
(vi) Improvement of curricula and instructional tools such as textbooks, media, materials, and technology;
(vii) Development of assessment techniques, instruments (including tests, inventories, and scales), and strategies for measurement of progress and the identification, location, and evaluation of infants, toddlers, children, and youth with disabilities for the purpose of determining eligibility, program planning, and placement for special education, related services, and early intervention services;
(viii) Testing of research findings in practice settings to determine the application, usability, effectiveness, and generalizability of such research findings;
(ix) Improvement of knowledge regarding families, minorities, limited English proficiency, and disabling conditions; and
(x) Identification of environmental organizational, resource, and other conditions necessary for effective professional practice; and
(2) Advance the use of knowledge by personnel providing special education, related services, and early intervention services including the—
(i) Improvement of knowledge regarding how such individuals learn new knowledge and skills, and strategies for effectively facilitating such learning in preservice, inservice, and continuing education;
(ii) Organization, integration, and presentation of knowledge so that such knowledge can be incorporated and imparted in personnel preparation, continuing education programs, and other relevant training and communication vehicles; and
(iii) Expansion and improvement of networks that exchange knowledge and practice information;
(3) Disseminate information on research and related activities conducted under this part to regional resource centers, interested individuals, and organizations;
(4) Conduct research and related activities, surveys, or demonstrations relating to physical education or recreation, including therapeutic recreation, for children with disabilities.
(c) The Secretary also may support student-initiated or field-initiated projects consistent with the purpose of the program, as described in § 324.1.
(a) Research projects supported under this part must be designed to generate knowledge about the early intervention or education of infants, toddlers, children, and youth with disabilities and to translate that knowledge into practical techniques and materials.
(b) Model projects supported under this part must develop and implement innovative early intervention or educational programs that serve infants, toddlers, children, and youth with disabilities either directly or indirectly. These projects must be designed to—
(1) Improve significantly an aspect of the early intervention or education of infants, toddlers, children, and youth with disabilities;
(2) Provide information about the comparative effectiveness of the model being demonstrated;
(3) Continue beyond the award period; and
(4) Provide for dissemination and replication of a successful program.
(a) For any fiscal year, the Secretary may give priority to one or more of the types of activities under § 324.10.
(b) Under section 641(c) of the Individuals with Disabilities Education Act, the Secretary publishes proposed research priorities for public comment in the
(c) The Secretary establishes separate competitions for research and model projects for any activity for which the Secretary provides assistance under this part.
The Secretary uses the criteria in this section to evaluate applications for research projects. The maximum score for all of the criteria is 100 points.
(a)
(2) The Secretary looks for—
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and efficient administration of the project;
(iii) A clear description of how the objectives of the project relate to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel to achieve each objective; and
(v) A clear description of how the applicant will provide equal access and treatment for eligible project participants who are members of groups that have been traditionally underrepresented, such as—
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(b)
(2) The Secretary considers—
(i) The qualifications of the project director (if one is to be used);
(ii) The qualifications of each of the other key personnel to be used in the project;
(iii) The time that each person referred to in paragraphs (b)(2) (i) and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications for employment from persons who are members of groups that have been traditionally underrepresented, such as—
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(3) To determine personnel qualifications, the Secretary considers experience and training, in fields related to the objectives of the project, as well as other evidence that the applicant provides.
(c)
(2) The Secretary considers the extent to which—
(i) The budget for the project is adequate to support the project activities; and
(ii) Costs are reasonable in relation to the objectives of the project.
(d)
34 CFR 75.590,
(2) The Secretary considers the extent to which the methods of evaluation that are appropriate for the project and, to the extent possible, are objective and produce data that are quantifiable.
(e)
(2) The Secretary considers the extent to which—
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are adequate.
(f)
(g)
(h)
(1) The applicant's experience in special education or early intervention services; and
(2) The ability of the applicant to disseminate the findings of the project to appropriate groups to ensure that they can be used effectively.
(i)
(1) The design;
(2) The proposed sample;
(3) Instrumentation; and
(4) Data analysis procedures.
The Secretary uses the criteria in this section to evaluate applications for model project awards. The maximum score for all of the criteria is 100 points.
(a)
(2) The Secretary looks for—
(i) High quality in the design of the project;
(ii) An effective plan of management that insures proper and efficient administration of the project;
(iii) A clear description of how the objectives of the project relate to the purpose of the program;
(iv) The way the applicant plans to use its resources and personnel to achieve each objective; and
(v) A clear description of how the applicant will provide equal access and treatment for eligible project participants who are members of groups that have been traditionally underrepresented, such as—
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(b)
(2) The Secretary considers—
(i) The qualifications of the project director (if one is to be used);
(ii) The qualifications of each of the other key personnel to be used in the project;
(iii) The time that each person referred to in paragraphs (b)(2) (i) and (ii) of this section will commit to the project; and
(iv) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications for employment from persons who are members of groups that have been traditionally underrepresented, such as—
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Individuals with disabilities; and
(D) The elderly.
(3) To determine personnel qualification, the Secretary considers experience and training, in fields related to the objectives of the project, as well as other evidence that the applicant provides.
(c)
(2) The Secretary considers the extent to which—
(i) The budget for the project is adequate to support the project activities; and
(ii) Costs are reasonable in relation to the objectives of the project.
(d)
34 CFR 75.590,
(2) The Secretary considers the extent to which the methods of evaluation that are appropriate for the project and, to the extent possible, are objective and produce data that are quantifiable.
(e)
(2) The Secretary considers the extent to which—
(i) The facilities that the applicant plans to use are adequate; and
(ii) The equipment and supplies that the applicant plans to use are adequate.
(f)
(1) The service delivery problem addressed by the proposed project is of concern to others in the Nation, and;
(2) The importance of the project in addressing the problem or issue.
(g)
(2) The Secretary looks for a conceptual framework that—
(i) Is founded on previous theory and research; and
(ii) Provides a basis for the unique strategies and approaches to be incorporated into the model.
(h)
(1) The applicant's experience in special education or early intervention services; and
(2) The applicant's ability to disseminate findings of the project to appropriate groups to ensure that they can be used effectively.
(i)
(i) The population to be served;
(ii) The model planning process;
(iii) Record keeping systems;
(iv) Coordination with other service providers;
(v) The identification and assessment of students;
(vi) Interventions to be used, including proposed curricula;
(vii) Individualized educational program planning; and
(viii) Parent and family participation.
The Secretary uses the criteria in 34 CFR 75.210
Not more than 90 days after the completion of a project assisted under this part, each recipient must submit a report to the Secretary that includes—
(a) An abstract of the project;
(b) For a research project, a description of the research problem and the methodological approach used in the research study; or
(c) For a model project—
(1) A description of the model which permits replication, in part or in whole, by appropriate parties to which it is disseminated; and
(2) A description of the evaluation procedures and findings related to the effectiveness of the model;
(d) A summary of the project findings; and
(e) A statement of the conclusions.
Grantees shall, if appropriate, prepare reports describing their procedures, findings, and other relevant information in a form that will maximize the dissemination and use of such procedures, findings, and information. The Secretary shall require their delivery, as appropriate, to the Regional and Federal Resource Centers, the Clearinghouses, and the Technical Assistance to Parents Program (TAPP) assisted under parts C and D of the Act, as well as the National Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted, and the Child and Adolescent Service Systems Program (CASSP) under the National Institute of Mental Health, appropriate
20 U.S.C. 1425(e), unless otherwise noted.
56 FR 66291, Dec. 20, 1991, unless otherwise noted.
At 63 FR 23601, Apr. 29, 1998, part 325 was removed, effective Oct. 1, 1998.
This program provides assistance to States to develop, implement, and improve systems to provide transition services for youth with disabilities from age 14 through the age they exit school.
Under this program the Secretary may make a one-time, five-year grant—
(a) To a State educational agency and a State vocational rehabilitation agency that submit a joint application; or
(b) If a vocational rehabilitation agency does not choose to participate, to a State educational agency and a State agency that provides transition services to individuals who are leaving programs under the Act, that submit a joint application.
Agencies that receive grants under this program shall use grant funds to—
(a) Increase the availability, access, and quality of transition assistance through the development and improvement of policies, procedures, systems, and other mechanisms for youth with disabilities and their families as those youth prepare for and enter adult life;
(b) Improve the ability of professionals, parents, and advocates to work with those youth in ways that promote the understanding of and the capability to successfully make the transition from student to adult;
(c) Improve working relationships among education personnel, both within LEAs and in postsecondary training programs, relevant State agencies, the private sector (especially employers), rehabilitation personnel, local and State employment agencies, local Private Industry Councils authorized by the Job Training Partnership Act, and families of students with disabilities and their advocates to identify and
(d) Create an incentive for accessing and using the expertise and resources of programs, projects, and activities related to transition funded under this program and with other sources;
(e) Create incentives for the implementation of lasting State-wide system changes in the transition of students with disabilities to postsecondary training, education, and employment; and
(f) Assist the State education agency in implementing the requirement in section 602(a)(20)(D) of the Act that the student's individualized education program include a statement of needed transition services for students, beginning no later than age 16 and annually thereafter (and, if determined appropriate for the individual, beginning at age 14), including, if appropriate, a statement of the interagency responsibilities or linkages, (or both) before the student leaves the school setting.
The following regulations apply to this program:
(a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR—
(1) Part 75 (Direct Grant Programs);
(2) Part 77 (Definitions that Apply to Department Regulations);
(3) Part 79 (Intergovernmental Review of Department of Education Programs and Activities);
(4) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);
(5) Part 81 (General Education Provisions Act—Enforcement);
(6) Part 82 (New Restrictions on Lobbying);
(7) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)); and
(8) Part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 325.
(a)
Transition services
(b)
Application
EDGAR
Grant
Local education agency (LEA)
Project
Secretary
State
State educational agency (SEA)
(c)
An application under this program must include the following:
(a) A description of how the State educational agency and State vocational rehabilitation agency or other State agency will use—
(1) The first year, if necessary, to plan how to implement transition services;
(2) The second through fourth years to develop and implement transition services; and
(3) The fifth year to evaluate transition services.
(b) A description of how the grant funds will be used during the planning period and phased out during the evaluation period to ensure the continuation of transition services.
(c) A description of the current availability, access, and quality of transition services for eligible youth and a description of how, over five years, the State will improve and expand the
(d) A description of how the State will improve and increase the ability of professionals, parents, advocates, and youth to promote the understanding of and the capability to successfully make the transition from student to adult.
(e) A description of how the State will improve and increase working relationships among education personnel, both with LEAs and in postsecondary training programs, relevant State agencies, the private sector (especially employers), rehabilitation personnel, local and State employment agencies, local Private Industry Councils authorized by the Job Training Partnership Act, students with disabilities, their families, and their advocates to identify and achieve consensus on the general nature and specific application of transition services to meet the needs of youth with disabilities.
(f) A description of how the State will use grant funds as an incentive for accessing and using the expertise and resources of programs, projects, and activities related to transition funded through this program and with other sources.
(g) A description of how the State will address, in whole or in part, the needs of youth with disabilities from minority backgrounds.
(a) The Secretary evaluates an application submitted under this program on the basis of the criteria in § 325.21.
(b) The Secretary awards up to 100 points under these criteria.
(c) The maximum possible score for each criterion is indicated in parentheses.
The Secretary uses the following criteria to evaluate the quality of an application submitted under this part:
(a)
(1) A description of the current availability, access, and quality of transition services for eligible youth and a description of how, over five years, the State will improve and expand the availability, access, and quality of transition services for youth with disabilities and their families as those youth prepare for and enter adult life;
(2) A description of how the State will improve and increase the ability of professionals, parents, advocates, and youth to promote the understanding of and the capability to successfully make the transition from student to adult;
(3) A description of how the State will improve and increase working relationships among education personnel, both within LEAs and in postsecondary training programs, relevant State agencies, the private sector (especially employers), rehabilitation personnel, local and State employment agencies, local Private Industry Councils authorized by the Job Training Partnership Act, students with disabilities, their families, and their advocates to identify and achieve consensus on the general nature and specific application or transition services to meet the needs of youth with disabilities:
(4) A description of how the State will use grant funds as an incentive for accessing and using the expertise and resources of programs, projects, and activities related to transition funded under this program and with other sources; and
(5) A description of how the State will address the unique needs of youth
(b)
(1) Target resources to school settings, such as providing access to rehabilitation counselors for students with disabilities who are in school settings;
(2) Target a substantial amount of grant funds, received under this program, to program evaluation and documentation of, and dissemination of information about, transition services as well as to improve the capacity for case management;
(3) Provide incentives for interagency and private sector resource pooling and otherwise investing in transition services, especially in the form of cooperative agreements, particularly with Private Industry Councils authorized by the Job Training Partnership Act and local branches of State employment agencies;
(4) Provide for early, ongoing information and training for those involved with or who could be involved with transition services—professionals, parents, youth with disabilities, including self-advocacy training for those youth, and advocates for those youth as well as Private Industry Councils authorized by the Job Training Partnership Act and local branches of State employment agencies;
(5) Provide for the early and direct involvement of all relevant parties, including Private Industry Councils authorized by the Job Training Partnership Act and local branches of State employment agencies, in operating and planning improvements in transition services, and the early and direct involvement of all relevant parties in planning and implementing transition services for individual youth;
(6) Provide access to training for eligible youth that matches labor market needs in their communities;
(7) Integrate transition services with relevant opportunities in communities, including those sponsored by Private Industry Councils authorized by the Job Training Partnership Act and local employment agencies;
(8) Clearly define the services and service delivery system that will result from the project. The State must have analyzed in detail how these will differ from the current services and current delivery system;
(9) Identify all relevant barriers to implementing the proposed statewide changes and identify and propose appropriate strategies for eliminating those barriers;
(10) Use an evaluation plan for transition services that is outcome oriented, that focuses on individual youth-focused benefits, and that is based on standard sources of information such as the individualized education programs required by the IDEA;
(11) Disseminate annually information about project activities and procedures and information from project evaluation activities, including information regarding effective strategies and obstacles to achieving project goals, to the organizations described in § 325.30, and to other interested organizations within the State; and
(12) Ensure that, if appropriate and no later than age 22, eligible youth who participate in transition services under this program would be served as appropriate in the State section 110 program, the title VI, part C program, or the title VII, part A program, authorized under the Rehabilitation Act of 1973, as amended.
(c)
(1) An effective plan of management delineating the roles of both participating agencies and ensures proper and efficient administration of the project;
(2) A clear description of how the objectives of the project relate to the purpose of the program;
(3) The way the joint applicants plan to use their resources and personnel to achieve each objective;
(4) A description of how all State and other agencies whose cooperation and participation are necessary for statewide implementation are actively collaborating in project management;
(5) A description of how the joint applicants will provide for the direct participation of youth with disabilities and parents in the planning, development, and implementation of the project;
(6) A description of the procedures to be used to ensure that youth and their families who are potentially eligible for the disability programs of the Social Security Administration are provided information, training, and referral services;
(7) A description of how the first year will be used to plan, if necessary, how to implement transition services, the second through fourth years to develop and implement transition services, and the fifth year to evaluate statewide services;
(8) Whether the budget is adequate to support the project and costs are reasonable in relation to the objectives of the project; and
(9) The extent to which grant funds will be used during the planning period and phased out during the evaluation period to ensure the continuation of transition services.
(d)
(i) The qualifications of the project director (8 points); and
(ii) The qualifications of each of the other key personnel to be used in the project, including experience and training in fields related to the objectives of the project (7 points).
(2) In determining the qualifications of each person referred to in paragraphs (d)(1) (i) and (ii) of this section the Secretary also considers—
(i) The time that each person will commit to the project;
(ii) Experience and training in conducting, documenting, and applying the types of activities to be conducted; and
(iii) Knowledge of the results and findings of relevant projects and potential for application of this information in addressing the need for transitional services to youth with disabilities.
(3) Recruitment of underrepresented populations (10 points). The Secretary reviews each application for information that shows effective efforts are being made to recruit members of underrepresented populations as project staff, including—
(i) Strategies to recruit employees who are members of underrepresented populations, including members of racial or ethnic minority groups and individuals with disabilities; and
(ii) Procedures to provide training and other necessary support to retain and advance qualified personnel from underrepresented populations.
(e)
(1) The adequacy of the applicant's plan to determine the effectiveness of the project in achieving measurable changes in State policy, programs, and services that improve systems providing transition services for youth with disabilities.
(2) The adequacy of the applicant's plan to determine the effectiveness and timeliness in completion of the managerial procedures and objectives of the project's plan of operation; and
(3) The procedures for recording, reviewing, analyzing, and interpreting for relevant audiences, data generated through conducting project activities.
(a) The Secretary, if appropriate, requires grantees to prepare reports describing their procedures, findings, and other relevant information in a form that will maximize the dissemination and use of those procedures, findings, and information.
(b) The Secretary requires delivery of those reports, as appropriate, to—
(1) The regional and Federal resource centers, the clearinghouses, and the technical assistance to parents programs assisted under parts C and D of the Act;
(2) The National Diffusion Network;
(3) The ERIC Clearinghouse on the Handicapped and Gifted;
(4) The Child and Adolescent Service Systems Program (CASSP) under the National Institute of Mental Health;
(5) Appropriate parent and professional organizations;
(6) Organizations representing individuals with disabilities; and
(7) Such other networks as the Secretary may determine to be appropriate.
(c) Each grantee shall participate in the evaluation conducted by the institution of higher education or nonprofit public or private organization supported to implement section 626(f)(3)(A) of the Act.
20 U.S.C. 1425, unless otherwise noted.
49 FR 28383, July 11, 1984, unless otherwise noted.
At 63 FR 23601, Apr. 29, 1998, part 326 was removed, effective Oct. 1, 1998.
(a)(1) The purpose of this program is to assist youth with disabilities in the transition from secondary school to postsecondary environments such as competitive or supported employment.
(2) The Secretary carries out this purpose by providing assistance for projects that—
(i) Strengthen and coordinate education and related services that assist youth with disabilities currently in school or who recently left school to assist them in the transition to competitive or supported employment, postsecondary education, vocational training, continuing education, independent and community living or adult services;
(ii) Stimulate the improvement and development of programs for secondary special education; or
(iii) Stimulate the improvement of the vocational and life skills of students with disabilities to enable them to be better prepared for transition to adult life and services.
(b) The purpose of this program is also to ensure that secondary special education and transitional services result in competitive or supported employment for youth with disabilities.
The Secretary may provide assistance under this program by grants to, or contracts with—
(a) Institutions of higher education;
(b) State educational agencies;
(c) Local educational agencies; and
(d) Other public and private nonprofit institutions or agencies (including the State job training coordinating councils and service delivery area administrative entities established under the Job Training Partnership Act (29 U.S.C. 1501
The following regulations apply to awards under the Secondary Education and Transitional Services for Youth with Disabilities program:
(a) The regulations in this part 326.
(b) The Education Department General Administrative Regulations (EDGAR) in title 34 of the Code of Federal regulations in—
(1) Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations);
(2) Part 75 (Direct Grant Programs);
(3) Part 77 (Definitions);
(4) Part 79 (Intergovernmental Review of Department of Education Programs and Activities);
(5) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);
(6) Part 81 (General Education Provisions Act—Enforcement);
(7) Part 82 (New Restrictions on Lobbying);
(8) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirement for Drug-Free Workplace (Grants)); and
(9) Part 86 (Drug-Free Schools and Campuses).
(a)
Applicant
Application
Award
EDGAR
Fiscal year
Grant
Grantee
Local educational agency
Nonprofit
Private
Project
Project period
Public
Secondary school
Secretary
State
State educational agency
(b)
Children with disabilities
Related services
Special education
(c)
(1)
(i) Is twelve years of age or older;
(ii) Is enrolled in the seventh or higher grade in school; or
(iii) Was enrolled in the seventh or higher grade in school and recently left school.
(2)
(i) For whom competitive employment at or above the minimum wage is not immediately obtainable; and
(ii) Who, because of their disability, need intensive on-going support to perform in a work setting.
(a) This program supports research, development, demonstration, evaluation, and other types of projects for the following purposes:
(1) To improve secondary education programs for youth with disabilities.
(2) To coordinate with other activities serving this population.
(3) To provide education and related services to assist youth with disabilities in the transitional process to postsecondary education, vocational training, competitive employment, continuing education, independent or community living, or adult services.
(4) To stimulate the improvement of the vocational and life skills of students with disabilities to enable them to be better prepared for transition to adult life and services.
(b) Projects funded under this part must serve youth with disabilities and may also include other individuals with disabilities who have recently left special education programs.
(a) Each applicant must include in its application information demonstrating how the activities it proposes will lead to competitive or supported employment of individuals with disabilities.
(b) Each applicant, other than for the purpose of conducting studies or evaluation, shall—
(1) Describe the procedures to be used for disseminating relevant findings and data to regional resource centers, clearinghouses, and other interested persons, agencies, or organizations;
(2) Describe the procedures to be used for coordinating services among agencies for which youth with disabilities are or will be eligible;
(3) Provide for the direct participation of students with disabilities and the parents of handicapped students in the planning, development, and implementation of such projects.
(c) Each applicant for activities described in § 326.30 (a) and (b) that is not an educational agency must include in its application information demonstrating how it has met, and will meet, the requirements of § 326.41.
The Secretary may select annually one or more of the following priority areas for funding:
(a)
(b)
(c)