combined EAHCA SPECIAL EDUCATION REGULATIONS (FEDERAL) AND OFFICIAL INDEXES NB: This starts with two official indexes to the federal regulations for the EDUCATION OF ALL HANDICAPPED CHILDREN ACT. Those regulations are found as "Part 300" of the Code of Federal Regulations (filed here as "EAHCA.1RG"). The Regulations are in file EAHCA.2RG and can be combined with the 2 two official indexes of EAHCA.1RG. To search for a section, find it in this appendix index--or in the contents indexes or use any search word (e.g. `appropriate') and then search for the section number it leads to, example "300.4" or just ".4 " (point four space). For LEAST RESTRICTIVE ENVIRONMENT, search and find "restrictive" and search regulations for ".132 ". There is in this file a sub-file called APPENDIX B. That sub-file is an official topical index. File "EAHCA.EXP" contains an official explanation of the Federal Regulations. These files are separated to speed search time. You can make a merged master file if you wish. A striped-down version of the regulations may be made by stripping out the official authority notations for even faster searches. This index and the regulations are in 7 subparts, A through G. You can remember the names of the subparts in order with this sentence: a General Plans Services-- a Private Safeguards SEAs, Funds & Reports. (Go down searching with the word "subpart" and you'll see what we mean.) *-*-*-*-*-*-*-* ARC EDITOR'S_________quicKEY + for federal regulations about EDUCATION OF ALL HANDICAPPED CHILDREN ACT. Those "regs" are here in file "EAHCA.2RG". Find your topic HERE & then search the regs for the section number. You can forget the "300" part and look only for the section's last number(s) after the dot AND ADD A SPACE. (example look below at "local education agency definition" and you'll "SEARCH' for ".8 " If this index says "see" a word or phrase it will give no number. Just tell your word processor to search the regs for that phrase. (e.g. surrogate parents). If you combine the files EAHCA.1RG and EAHCA.2RG, you can speed your search by jumping past the indexes. First search to the word [EAHCA] or [E. This takes you to [eahca.2], the start of the regulations proper.. Once there search for whatever you want. -*-*-*-*-*-*-*-*-*-*-*- APPENDIX A-RESERVED APPENDIX B-INDEX TO PART 300 ADMINISTRATION See: Monitoring. Annual program plan requirements-Sections 300.112; 300.134; 300.138; 300.141;300.142; 300.145. Certification of State authority-Section 300.112. Direct Service by State educational agency--Section 300.360. Local application requirements-Sections 300.228; 300.236; 300.240. Local education agency definition-Section 300.8. State administration-Subpart F. ADVISORY PANEL (STATE) Annual program plan requirement-Section 300.147. General requirements-Sections 300.650-300.653. ALLOCATIONS Annual program plan condition of assistance-Section 300.110. Application by local agency condition of assistance-Section 300.180. Consolidated applications-Section 300.191. Count of children-See Reports. Interior Department for Indian children-Section 300.709. Local agency allocation-See Reports. Formula--Sections 300.705-300.707. Reallocation-Section 300.708. Use by the State-Section 300.360. Outlying areas-Section 300.710. Recovery for misclassified children-Section 300.141. State allocation Formula--Sections 300.701-300.703; 300.705-300.706. Hold harmless-Section 300.704. Use for administration--Sections 300.620-300.621. Use of--See other headings. Withholding-See: Hearings. From the local agency-Section 300.194. From the State--Sections 300.590-300.593. ANNUAL PROGRAM PLAN Approval; disapproval-Section 300.113. Certifications-Section 300.112. Condition of assistance to State-Section 300.110. Contents--Sections 300.111; 300.112; 300.120-300.151. Effective period-Section 300.114. General requirements--Sections 300.110-300.114. Public participation--See: Public Participation. Submission by State-Section 300.110. Local application requirement-Section 300.224. Personnel needs--Sections 300.126; 300.223. Preservice training-Section 300.321. Trained personnel for evaluation materials-Section 300.532. Training regarding confidentiality of information-Section 300.572. Use of Part B funds for training--Sections 300.321.300.322. PHYSICAL EDUCATION Included in special education-Section 300.14. Required-Section 300.307. PLACEMENTS See: Evaluation. Least Restrictive Environment. Private schools. PRIORITIES See: Evaluation. Identification, Location, Evaluation. Annual program plan requirement-Section 300.127. Definitions: First priority children-Section 300.320(a). Second priority children-Section 300.320(b). General requirements-Sections 300.320-300.324. Local application requirement-Section 300.225. State direct and support services-Section 300.370. PRIVATE SCHOOL CHILDREN Annual program plan requirement-Section 300.140. Confidentiality of information-Section 300.560. Cost of residential placement-Section 300.302. Handicapped children placed or referred by public agencies-- Sections 300.400-300.403. Handicapped children not placed or referred by public agencies-- Sections 300.450-300.460. Individualized education program--Sections 300.347-300.348. Least restrictive environment-Section 300.554. Part B applicability to private schools-Section 300.2. Physical education-Section 300.307. PROCEDURAL SAFEGUARDS See: Complaints. Consent. Hearings. Notice. Surrogate Parents. Annual program plan requirements--Sections 300.131; 300.136. Local application requirement-Section 300.237. PUBLIC PARTICIPATION See: Hearings. Annual program plan requirements--Sections 300.120; 300.137; 300.280-300.284. Local application requirements-Sections 300.226; 300.234. Secretary of Interior application-Section 300.261. State advisory panel--Sections 300.650-300.654. RECORDS See: Confidentiality of Information. Annual program plan requirement-Section 300.143. Comparable services-Section 300.231. Count of children served-Section 300.754. Excess costs-Section 300.183. Individualized--education programs-Section 300.130. Local application requirement-Section 300.233. Parents may examine--Sections 300.502; 300.562. Parents not participating in meetings-Section 300.345. RELATED SERVICES See: Free Appropriate Public Education. Individualized Education Program. Defined-Section 300.13. REPORTS Annual report of children served--Sections 300.750-300.754. Local application requirements--Sections 300.232;300.233. State advisory panel-Section 300.652. SPECIAL EDUCATION See: Free Appropriate Public Education. Individualized Education Program. Defined-Section 300.14. STATE ADVISORY PANEL Annual program plan requirement-Section 300.147. General requirements--Sections 300.650-300.653. STATE DIRECT AND SUPPORT SERVICES Annual program plan requirement-Section 300.51. General requirements--Sections 300.360-300.372. SUPPLANTING Applicability to State educational agency-Section 300.372. Local application requirement-Section 300.230. Private schools-Section 300.460. Waiver of requirement-Section 300.589. SURROGATE PARENTS Definition of parent-Section 300.10. Duty of public agency to assign-Section 300.514. Responsibilities-Section 300.514. Selection-Section 300.514. TESTING See: Evaluation. TIME LIMITS AND TIMETABLES Annual program plan effective period-Section 300.114. Evaluation of educational programs-Section 300.146. Free appropriate public education--Sections 300.122; 300.300. Full educational opportunity goal--Sections 300.125; 300.222. Hearing decisions--Sections 300.512; 300.583. Individualized education programs--Sections 300.342; 300.343. Public participation in the annual program plan--Sections 300.280-300.284. Re-evaluation-Section 300.534. Report of children served-Section 300.750-300.754. State monitoring of public agencies-Section 300.601. State review of hearing decision-Section 300.512. TRAINING See: Personnel Development. USE OF PART B FUNDS Allocation formulas: Consolidated applications-Sections 300.190-300.191 Entitlements--Sections 300.700-300.710. Annual program plan requirements--Sections 300.148; 300.149. Department of the Interior (Indian children)-Section 300.262. Excess costs--Sections 300.182-300.186. Local application requirement-Section 300.238. State and local educational agencies: Free appropriate public education--Sections 300.301-300.302. Full educational opportunity goal--Section 300.304(b). Priorities--Sections 300.320-300.324. Private school children--Sections 300.450-300.460. State educational agencies: Allowable costs-Section 300.621. Federal funds for State administration-Section 300.620. Matching-Section 300.371. State advisory panel-Section 300.652. Use of local allocation for direct services--Section 300.360-300.361. Use of State educational agency allocation for direct and support services-Section 300.370. Supplanting--Sections 300.230; 300.372; 300.589. Training--See: Personnel Development. PART 300--ASSISTANCE TO STATES FOR EDUCATION OF HANDICAPPED CHILDREN Subpart A--General PURPOSE, APPLICABILITY, AND GENERAL PROVISIONS REGULATIONS Sec. 300.1 Purpose. 300.2 Applicability to State, local, and private agencies. 300.3 Regulations that apply to assistance to States for education of handicapped children. 300.4 Free appropriate public education. 300.5 Handicapped children. 300.6 Include. 300.7 Intermediate educational unit. 300.8 Local educational agency. 300.9 Native language. 300.10 Parent. 300.11 Public agency. 300.12 Qualified. 300.13 Related services. 300.14 Special education. Subpart B--State Annual Program Plans and Local Applications ANNUAL PROGRAM PLANS--GENERAL 300.110 Condition of assistance. 300.111 Contents of plan. ANNUAL PROGRAM PLANS--CONTENTS 300.121 Right to a free appropriate public education. 300.122 Timeliness and ages for free appropriate public education. 300.123 Full educational opportunity goal. 300.124 Full educational opportunity goal--data requirement. 300.125 Full educational opportunity goal--timetable. 300.126 Full educational opportunity goal--facilities, personnel, and services. 300.127 Priorities. 300.128 Identification, location, and evaluation of handicapped children. 300.129 Confidentiality of personally identifiable information. 300.130 Individualized education programs. 300.131 Procedural safeguards. 300.132 Least restrictive environment. 300.133 Protection in evaluation procedures. 300.134 Responsibility of State educational agency for all educational programs. 300.135 [Reserved] 300.136 Implementation procedures-State educational agency. 300.137 Procedures for consultation. 34 CFR Ch. III [7-1-87 Edition) Sec. 300.138 Other Federal programs. 300.139 Comprehensive system of personnel development. 300.140 Private schools. 300.141 Recovery of funds for misclassified children. 300.142-300.143 [Reserved] 300.144 Rearing on application. 300.145 Prohibition of commingling. 300.146 Annual evaluation. 300.147 State advisory panel. 300.148 Policies and procedures for use of Part B funds. 300.149 Description of use of Part B funds. 300.150 [Reserved] 300.151 Additional information if the State educational agency provides direct services. LOCAL EDUCATIONAL AGENCY APPLICATIONS--GENERAL 300.180 Submission of application. 300.181 [Reserved] 300.182 The excess cost requirement. 300.183 Meeting the excess cost requirement. 300.184 Excess costs computation of minimum amount. 300.185 Computation of excess costs--consolidated application. 300.186 Excess costs--limitation on use of Part B funds. 300.190 Consolidated applications. 300.191 [Reserved] 300.192 State regulation of consolidated applications. 300.193 State educational agency approval; disapproval. 300.194 Withholding. LOCAL EDUCATIONAL AGENCY APPLICATIONS-- GENERAL 300.220 Child identification. 300.221 Confidentiality of personally identifiable information. 300.222 Full educational opportunity goal; timetable. 300.223 Facilities, personnel, and services. 300.224 Personnel development. 300.225 Priorities. 300.226 Parent involvement. 300.227 Participation in regular education programs. 300.228 [Reserved] 300.229 Excess cost. 300.230 Nonsupplanting. 300.231 Comparable services. 300.232-300.234 [Reserved] 300.235 Individualized education program. 300.236 [Reserved] 300.237 Procedural safeguards. 300.238 Use of Part B funds. 300.239 [Reserved] 300.240 Other requirements. APPLICATION FROM SECRETARY OF INTERIOR 300.260 Submission of annual application; approval. 300.261 Public participation. 300.263 Applicable regulations. PUBLIC PARTICIPATION 300.280 Public hearings before adopting an annual program plan. 300.281 Notice. 300.282 Opportunity to participate; comment period. 300.283 Review of public comments before adopting plan. 300.284 Publication and availability of approved plan. Subpart C--Services FREE APPROPRIATE PUBLIC EDUCATION 300.300 Timeliness for free appropriate public education. 300.301 Free appropriate public education--methods and payments. 300.302 Residential placement. 300.303 Proper functioning of hearing aids. 300.304 Full educational opportunity goal. 300.305 Program options. 300.306 Nonacademic services. 300.307 Physical education. PRIORITIES IN THE USE OF PART B FUNDS 300.320 Definitions of "first priority children" and "second priority children." 300.321 Priorities. 300.322 First priority children--school year 1977-1978. 300.323 Services to other children. 300.324 Application of local educational agency to use funds for the second priority. INDIVIDUALIZED EDUCATION PROGRAMS 300.340 Definition. 300.341 State educational agency responsibility. 300.342 When individualized education programs must be in effect. 300.343 Meetings. 300.344 Participants in meetings. 300.345 Parent participation. 300.346 Content of individualized education program. 300.347 Private school placements. 300.348 Handicapped children in parochial or other private schools. 300.349 Individualized education program--accountability. DIRECT SERVICE BY THE STATE EDUCATIONAL AGENCY 300.360 Use of local educational agency allocation for direct services. 300.361 Nature and location of services. 300.370 Use of State educational agency allocation for direct and support services. 300.371 State matching. 300.372 Applicability of nonsupplanting requirement. COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT 300.380 Scope of system. 300.381 Participation of other agencies and institutions. 300.382 Inservice training. 300.383 Personnel development plan. 300.384 Dissemination. 300.385 Adoption of educational practices. 300.386 [Reserved] 300.387 Technical assistance to local educational agencies. Subpart D--Private Schools HANDICAPPED CHILDREN IN PRIVATE SCHOOLS PLACED OR REFERRED BY PUBLIC AGENCIES 300.400 Applicability of Sections 300.401-300.403. 300.401 Responsibility of State educational agency. 300.402 Implementation by State educational agency. 300.403 Placement of children by parents. HANDICAPPED CHILDREN IN PRIVATE SCHOOLS PLACED NOT PLACED OR REFERRED BY PUBLIC AGENCIES 300.450 Definition of "private school handicapped children." 300.451 State educational agency responsibility. 300.452 Local educational agency responsibility. PROCEDURES FOR BY-PASS 300.480 By-pass--general. 300.481 Provisions for services under a by-pass. DUE PROCESS PROCEDURES 300.482 Notice of intent to implement a by-pass. 300.483 Request to show cause. 300.484 Show cause hearing. 300.485 Decision. 300.486 Judicial review. Subpart E--Procedural Safeguards DUE PROCESS PROCEDURES FOR PARENTS AND CHILDREN 300.500 Definitions of consent", "evaluation", and "personally identifiable". 300.501 General responsibility of public agencies. 300.502 Opportunity to examine records. 300.503 Independent educational evaluation. 300.504 Prior notice; parent consent. 300.505 Content of notice. 300.506 Impartial due process hearing. 300.507 Impartial hearing officer. 300.508 Hearing rights. 300.509 Hearing decision; appeal. 300.510 Administrative appeal; impartial review. 300.511 Civil action. 300.512 Timeliness and convenience of hearings and reviews. 300.513 Child's status during proceedings. 300.514 Surrogate parents. PROTECTION IN EVALUATION PROCEDURES 300.530 General. 300.531 Preplacement evaluation. 300.532 Evaluation procedures. 300.533 Placement procedures. 300.534 Reevaluation. ADDITIONAL PROCEDURES FOR EVALUATING SPECIFIC LEARNING DISABILITIES 300.540 Additional team members. 300.541 Criteria for determining the existence of a specific learning disability. 300.512 Observation. 300.543 Written report. LEAST RESTRICTIVE ENVIRONMENT 300.550 General. 300.551 Continuum of alternative placements. 300.552 Placements. 300.553 Nonacademic settings. 300.554 Children in public or private institutions. 300.555 Technical assistance and training activities. 300.556 Monitoring activities. CONFIDENTIALITY OF INFORMATION 300.560 Definitions. 300.561 Notice to parents. 300.562 Access rights. 300.563 Record of access. 300.564 Records on more than one child. 300.565 List of types and locations of information. 300.566 Fees. 300.567 Amendment of records at parent's request. 300.568 Opportunity for a hearing. 300.569 Result of hearing. 300.570 Hearing procedures. 300.571 Consent. 300.572 Safeguards. 300.573 Destruction of information. 300.574 Children's rights. 300.575 Enforcement. 300.576 Department. DEPARTMENT PROCEDURES 300.580 [Reserved] 300.581 Disapproval of a State plan. 300.582 Content of notice. 300.583 Hearing Official or Panel. 300.584 Hearing procedures. 300.585 Initial decision; final decision. 300.586 Judicial review. 300.587-300.588 [Reserved] Subpart F--State Administration STATE EDUCATIONAL AGENCY RESPONSIBILITIES GENERAL 300.600 Responsibility for all educational programs. USE OF FUNDS 300.620 Federal funds for State administration. 300.621 Allowable costs. STATE ADVISORY PANEL 300.650 Establishment. 300.651 Membership. 300.652 Advisory panel functions. 300.653 Advisory panel procedures. Subpart G--Allocation of Funds; Reports ALLOCATIONS 300.700 Special definition of the term State. 300.701 State entitlement formula. 300.702 Limitations and exclusions. 300.703 Ratable reductions. 300.704 Hold harmless provision. 300.705 Allocation for State in which bypass is implemented for private school handicapped children. 300.706 Within-State distribution: Fiscal year 1979 and after. 300.707 Local educational agency entitlements; formula. 300.708 Reallocation of local educational agency funds. 300.709 Payments to Secretary of Interior. 300.710 Entitlements to jurisdictions. REPORTS 300.750 Annual report of children served--report requirement. 300.751 Annual report of children served--information required in the report. 300.752 Annual report of children served--certification. 300.753 Annual report of children served--criteria for counting children. 300.754 Annual report of children served--other responsibilities of the State educational agency. APPENDIX A--[RESERVED] APPENDIX B--INDEX TO PART 300 APPENDIX C--NOTICE OR INTERPRETATION AUTHORITY: 20 U.S.C. 1411-1420, unless otherwise noted. SOURCE: 42 FR 42476, Aug. 23, 1977, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980. - * - * - go to file [EAHCA.2RG] - * - * -