Title 34--EDUCATION
Chapter


Kinds of Activities Does the Secretary Assist Under These Programs? Sec. 206.10 What types of services may be provided? ...


Kinds of Activities Does the Secretary Assist Under These Programs? Sec. 206.11 What types of CAMP services must be provided? (a)...


Subpart C--How Does One Apply for a Grant? Sec. 206.20 What must be included in an application? In applying for a grant, an applicant shall: (a)...


Does the Secretary Make a Grant to an Applicant? Sec. 206.30 How does the Secretary evaluate an application? The Secretary evaluates an application under...


Subpart E--What Conditions Must Be Met by a Grantee? Sec. 206.40 What restrictions are there on expenditures? Funds provided under HEP or CAMP may not be used...


title VIII of the Elementary and Secondary Education Act of 1965 (ESEA) to local educational agencies (LEAs) in areas affected by Federal activities. (Authority:...


this part: Armed forces Average per-pupil expenditure Construction Current expenditures Indian lands Local contribution...


must meet the following application requirements to be considered for a payment under section 8002 or 8003: (a) Except as provided in paragraphs (b) and (d) of this section,...


application must be received by the Secretary, or mailed, on or before the applicable filing date. (b) An applicant must show one of the following as proof of mailing: ...


of the events described in Sec. 222.3(b)(1) by submitting a written request to the Secretary and a copy to its SEA no later than the earlier of the following events: ...


application under section 8002 or 8003 that is timely filed with the Secretary in accordance with Secs. 222.3, 222.4, and 222.5, as applicable. (b)(1) Except...


indicated in paragraph (b) of this section, the Secretary does not consider information submitted by an applicant after the deadlines prescribed in this subpart for submission...


identity? (a) Any applicant that is a party to an annexation, consolidation, deconsolidation, merger, or other similar action affecting its boundaries,...


(a) An LEA must maintain adequate written records to support the amount of payment it received under the Act for any fiscal year; (b) On request, the LEA must make its records...


until the later of-- (a) Three years after the last payment for a fiscal year; or (b) If the records have been questioned on Federal audit or review, until...


for and recovers overpayments as follows: (a) If the Secretary determines that an LEA has received a payment in excess of what it should have received under the...


eligible for forgiveness under section 8012 of the Act (``eligible overpayment'') any overpayment amount that is more than an LEA was eligible to receive for a...


consider the following overpayments to be eligible for forgiveness under section 8012 of the Act: [[Page 485]] (a) Any overpayment under section 7 of Public...


The Secretary forgives an eligible overpayment, in whole or part as described in Sec. 222.18, if-- (a) An LEA submits to the Department's Impact Aid Program office...


Secretary's delegatee) extends the applicable time limit in writing-- (a) A request for forgiveness of an overpayment under Sec. 222.14 does not extend the time within which...


(a) Every LEA requesting forgiveness must submit, within the time limits established under Sec. 222.14(b), the following information and documentation for the fiscal...


(a) The Secretary determines that repayment of an eligible overpayment will result in undue financial hardship on an LEA and seriously harm its...


forgiveness request) and Sec. 222.14(b) (timely filed information and documentation), the Secretary forgives an eligible overpayment as follows: (a) Forgiveness...


nondiscrimination apply to assistance under this part: (1) The provisions of title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) (prohibition of discrimination on...


defined in Sec. 222.2, the following definitions apply to this subpart: Acquisition or acquired by the United States. (1) The term means-- (i) The receipt or taking by...


real property within the local educational agency? (a) For an LEA with an otherwise approvable application to be eligible to receive financial assistance under...


and payments? (a) An LEA with an otherwise approvable application is eligible to receive assistance under section 8002 for a fiscal year only if the...


for the purpose of a local educational agency's section 8002 payment? (a) The aggregate assessed value of eligible Federal property for the purpose...


In addition to the terms defined in Sec. 222.2, the following definition applies to this part: Free public education. (1) The term means education that...


Secretary make basic support payments under section 8003(b) of the Act? The Secretary makes payments to an LEA with an otherwise approvable application for...


basic support payment based? (a) The Secretary determines an LEA's payment under section 8003(b) on the basis of information in the LEA's application,...


membership count? (a)(1) An applicant must select a day in the current school year as the survey date for making the first membership count, which must be no earlier...


when must that count be made? (a)(1) The applicant may, but is not required to, make a second count of membership. (2) If the applicant chooses to make...


the membership of its federally connected children? An applicant counts the membership of its federally connected children by [[Page 493]] using one...


must a local educational agency have to receive a payment on behalf of those children under section 8003(b) and (e)? (a) Except as provided...


daily attendance of federally connected children? (a) This section describes how the Secretary computes the ADA of federally connected children for each category...


a local educational agency may receive under section 8003(b)? The maximum basic support payment that an LEA may receive under section 8003(b) for any fiscal year is...


generally comparable local educational agencies for local contribution rate purposes? (a) To identify generally comparable LEAs within its State for LCR...


a local contribution rate based on generally comparable local educational agencies? (a) In selecting an LCR based upon generally comparable LEAs, an LEA shall use...


contribution rates based upon generally comparable local educational agencies? Except as otherwise specified in the Act, the SEA, subject to the Secretary's...


this subpart? In addition to the terms referenced or defined in Sec. 222.2, the following definitions in 20 U.S.C. 1401 or 34 CFR Sec. 77.1 apply to this...


agency count for payment under section 8003(d) of the Act? (a) Except as provided in paragraph (b)(2) of this section, the children described in...


agency meet to receive a payment under section 8003(d)? To receive a payment under section 8003(d), an eligible LEA shall-- (a) State in its application...


apply to the use of funds provided under section 8003(d)? (a) An LEA shall use funds provided under section 8003(d) in accordance with the provisions of...


applies to this subpart? Funds provided under section 8003(d) may not supplant any State funds that were or would have been available to the LEA for the...


applicable to this subpart? Local educational agencies receiving funds under section 8003(d) are subject to the requirements of the Individuals with...


these regulations? The regulations in this subpart implement section 8003(f) of the Act, which provides financial assistance, in addition to payments under...


local educational agency's eligibility and payment under section 8003(f) of the Act? (a) Computations and determinations made with regard to an LEA's eligibility...


eligible to apply for an additional payment under section 8003(f)? Local educational agencies that are eligible to apply for additional assistance under section...


educational agency meet in order to be eligible for financial assistance under section 8003(f)(2)(A)? Subject to Sec. 222.65, an LEA described in Sec. 222.62(a), (b),...


local educational agency meet in order to be eligible for financial assistance under section 8003(f)(2)(B)? Subject to Sec. 222.65, an LEA described in Sec. 222.62(d)...


local educational agency's eligibility for assistance under section 8003(f)? The Secretary determines that an LEA is not eligible for financial assistance under...


a fiscally independent local educational agency is making a reasonable tax effort? (a) To determine whether a fiscally independent LEA, as defined in...


if real property is assessed at different percentages of true value? If the real property of an LEA and its generally comparable LEAs consists of one classification...


if two or more different classifications of real property are taxed at different rates? If the real property of an LEA and its generally comparable LEAs consists of...


if substantial local revenues are derived from local tax sources other than real property taxes? (a) In a State in which a substantial portion of revenues for...


a fiscally dependent local educational agency is making a reasonable tax effort? (a) If an LEA is fiscally dependent, as defined in Sec. 222.2(c), the...


the State educational agency? The SEA of any State with an LEA applying for assistance under section 8003(f) shall provide the Secretary with relevant...


maximum payment for local educational agencies that are eligible for financial assistance under section 8003(f)(2)(A) and Sec. 222.63? (a) Except...


maximum payment for local educational agencies that are eligible for financial assistance under section 8003(f)(2)(B) and Sec. 222.64? Except as...


comparable local educational agencies for purposes of section 8003(f)? (a) Except as otherwise provided in paragraph (b) of this section, the Secretary...


average per pupil expenditure of generally comparable local educational agencies under this subpart? The Secretary computes APPE under this subpart by-- ...


levels are insufficient to pay in full the amounts calculated under Secs. 222.72 and 222.73? Payments under section 8003(f) for eligible LEAs will be...


Source: 62 FR 35415, July 1, 1997, unless otherwise noted. (a) The definitions in Secs. 222.2 and 222.50 apply to this subpart. (b) In...


agency meet to be eligible for a payment under section 8003(g) of the Act? An LEA is eligible for a payment under section 8003(g) of the Act if it-- ...


total amount of funds available for payments under section 8003(g)? (a) In any fiscal year in which Federal funds other than funds available under the Act...


agency apply for a payment under section 8003(g)? (a) In fiscal years in which funds are available for payments under section 8003(g) of the Act, the...


under section 8003(g) for eligible local educational agencies? For any fiscal year in which the Secretary has determined, under Sec. 222.82, that funds...


use funds that it receives under section 8003(g)? An LEA that receives a payment under section 8003(g) of the Act shall use the funds for reimbursement of...


General In addition to the definitions in Sec. 222.2, the following definitions apply to this...


meet to receive a payment under section 8003 of the Act for children residing on Indian lands? To receive a payment under section 8003 of the Act for...


to this subpart? (a) The following statutes and regulations apply to LEAs that claim children residing on Indian lands for payments under section 8003: (1)...


a local educational agency's Indian policies and procedures? (a) An LEA's Indian policies and procedures (IPPs) must include a description of the specific procedures...


to ensure compliance with the requirements in section 8004(a) of the Act? (a) The Director of the Impact Aid Program (Director) periodically reviews...


educational agency's Indian policies and procedures? (a) Only a tribal chairman or an authorized designee for a tribe that has students attending an LEA's schools...


For purposes of this subpart, a complaint is a signed statement that includes-- (a) An allegation that an LEA has failed to develop and implement IPPs...


a complaint received? (a) The Assistant Secretary considers a complaint to have been received only [[Page 513]] after the Assistant...


of a complaint? Within 10 working days of receipt of a complaint, the Secretary or his designee-- (a) Designates a hearing examiner to conduct a hearing; ...


to a complaint? An LEA's reply to the charges in the complaint must be filed with the hearing examiner within 15 days of the date the LEA receives a copy of...


hearing on a local educational agency's Indian policies and procedures? Hearings on IPP complaints filed by an Indian tribe or tribes against an LEA are conducted...


examiner in conducting a hearing? The hearing examiner is authorized to conduct a hearing under section 8004(e) and Secs. 222.109-222.113 as follows: (a)...


hearing? (a) Each party may submit to the hearing examiner additional evidence that is relevant to the issues raised at the hearing, within the time period and in...


Assistant Secretary after the hearing? (a) Within 30 days after receiving the entire hearing record and the hearing examiner's findings and recommendations, the...


the provisions of this subpart? The Assistant Secretary implements section 8004 of the Act and this subpart through such actions as the Assistant...


payments from a local educational agency under this subpart? Except as provided in Sec. 222.120, the Assistant Secretary withholds payments to an...


this subpart? (a) If the Assistant Secretary decides to withhold an LEA's funds, the Assistant Secretary issues a written notice of intent to withhold the...


the Assistant Secretary issues a notice of intent to withhold payments? (a) The withholding of payments authorized by section 8004 of the Act is conducted in...


in this subpart? (a) Appointment of hearing examiner. Upon receipt of a request for a withholding hearing that meets the requirements of Sec. 222.117(d),...


this subpart? (a) The withholding provisions in this subpart apply to all payments that an LEA is otherwise eligible to receive under section 8003 of the Act...


from withholding of payments? Except as provided in paragraph (d)(2) of this section, the Assistant Secretary does not withhold payments to an LEA under...


tribes request that payments to a local educational agency not be withheld? (a) The affected Indian tribe or tribes may submit to the Assistant Secretary a formal...


is determined that the local educational agency's funds will not be withheld under this subpart? If the Secretary determines that an LEA's payments will not be...


In addition to the terms referenced or defined in Sec. 222.2, the following definitions apply to this subpart: Minimum school facilities means those school facilities...


under section 8008 of the Act? The types of projects for which the Secretary may provide assistance under section 8008 of the Act during any given...


operated under section 8008 by another agency? When minimum school facilities are provided under section 8008, the Secretary may-- (a) Arrange for...


minimum school facilities? When the Secretary transfers to an LEA or other appropriate entity (transferee) facilities that have been used to carry out the purposes...


(a) Except as provided in paragraph (b) of this section, the regulations in this subpart govern all Impact Aid administrative hearings under section 8011(a) of the Act...


to a local educational agency? (a) Any local educational agency (LEA) that is adversely affected by the Secretary's (or the Secretary's delegatee's) action or...


of a determination? (a)(1) An LEA may request reconsideration of any determination made by the Secretary (or the Secretary's delegatee) under the Act...


administrative hearing? An applicant requesting a hearing in accordance with this subpart must-- (a)(1) If it mails the hearing request, address it to...


subpart be filed? (a) All written submissions under this subpart must be filed by hand-delivery, mail, or facsimile transmission. The Secretary discourages the use...


Administrative hearings under this subpart are held at the offices of the Department in Washington, DC, at a time fixed by the ALJ, unless the ALJ selects...


Administrative hearings under this subpart are conducted as follows: (a) The administrative hearing is conducted by an ALJ appointed under 5 U.S.C. 3105, who...


appealing an administrative law judge's decision? (a) Decision. (1) The ALJ-- (i) Makes written findings and an initial decision based upon the hearing...


of an initial decision? When the Secretary reviews an initial decision, the Secretary-- (a) Notifies the applicant in writing that it may file a...


If an LEA or a State that is aggrieved by the Secretary's final decision following an administrative hearing proceeding under this subpart wishes to seek...


determinations made by the Secretary under section 8009 of the Act. (b) Purpose. The sole purpose of the regulations in this subpart is to implement the provisions of...


may take into consideration payments under sections 8002 and 8003(b) of the Act (including hold harmless payments calculated under section 8003(e)) in allocating State aid...


expenditures or revenues per pupil measured? (a) Percentage disparity limitation. The Secretary considers that a State aid program equalizes expenditures if...


(a) Provision of law. Section 8009(d)(1)(B) provides that, upon certification by the Secretary, in allocating State aid a State may consider as local resources...


(a) Initiation. (1) A proceeding under this subpart leading to a determination by the Secretary under section 8009 may be initiated-- (i) By the State educational...


(a) Request for hearing. (1) A State or LEA that is adversely affected by a determination under section 8009 and this subpart and that desires a hearing regarding...


Construction grant program (Section 8007(b) of the Act)? Authority: 20 U.S.C. 7701-7714, unless otherwise noted. Source: 67 FR 53682, Aug. 16,...


Discretionary Construction grants? (a) Applications for these grants are considered in four funding priority categories. Complete information about the...


received under this program? (a) Except as provided in paragraph (c) of this section, an LEA may use emergency grant funds received under this program only to...


The Secretary does not fund the following activities under this grant: (a) Improvements on facilities for which the LEA does not have full title or other interest. ...


funds? Grant funds under this program may not be used to supplant or replace other available non-Federal construction money. These grant funds may be used for...


funds under this program? The following regulations apply to the Impact Aid Discretionary Construction program: (a) The Education Department General...


(a) In addition to the terms referenced in 34 CFR Sec. 222.2, the following definitions apply to this subpart: Bond limit means the cap or limit that a State...


meet to apply for an emergency grant under the first priority? An LEA is eligible to apply for an emergency grant under the first priority of section 8007(b) of the Act...


meet to apply for an emergency grant under the second priority? Except as provided in Sec. 222.179, an LEA is eligible to apply for an emergency grant under the...


apply on behalf of a school for an emergency grant under the second priority? An LEA that is eligible to receive section 8003(b) assistance for the fiscal year...


LEA meet to apply for a modernization grant under the third priority? An LEA is eligible to apply for a modernization grant under the third priority of section 8007(b)...


meet to apply for a modernization grant under the fourth priority? An LEA is eligible to apply for a modernization grant under the fourth priority of section 8007(b)...


apply on behalf of a school for a modernization grant under the fourth priority? An LEA that is eligible to receive a payment under Title VIII for the fiscal year...


(a) To apply for funds under this program, an LEA may submit more than one application in a fiscal year. Examples follow: Example 1: An LEA would submit...


An application for an emergency or modernization grant must contain the following: (a) The name of the school facility the LEA is proposing to...


an emergency grant application? In addition to the information specified in Sec. 222.184, an application for an emergency grant must contain the following: ...


a modernization grant application? In addition to the information specified in Sec. 222.184, an application for a modernization grant must contain a...


(a) Except as provided in paragraph (b) of this section, the Secretary will determine eligibility under this discretionary grant program based on student and...


In any given year, the Secretary may assign extra weight for certain systems or emergency and modernization conditions by identifying the systems or conditions and...


to applications? (a) Except as provided in paragraph (b) of this section, the Secretary gives funding priority to applications in the following order: (1)...


(a) To the extent consistent with these regulations and section 8007(b) of the Act, the Secretary will follow grant selection procedures that are specified...


(a) Subject to any applicable contribution requirements as described in Secs. 222.192 and 222.193, the procedures in Secs. 75.231 through 75.236, and the provisions in...


for this project? To determine the amount of local funds that an LEA has available under Sec. 222.191(b)(2) for a project under this program, the Secretary...


(a) Except as provided in paragraph (b) of this section and Sec. 222.191, the amount of funds provided under an emergency grant or a modernization grant awarded...


(a) LEAs that are subject to the applicable matching requirement described in Sec. 222.193(a) may use allowable third party in-kind contributions as defined below...


grantees? The Secretary makes funds available to a grantee during a project period using the following procedure: (a) Upon final approval of the grant...


(a) Except as provided in paragraph (b) of this section, a grantee under this program must comply with-- (1) The general construction legal...


(CMFP) is designed to reward excellence in teaching by encouraging [[Page 538]] outstanding teachers to continue their education, to develop innovative...


eligible to apply for a Christa McAuliffe Fellowship if the individual at the time of application: (a)(1) Is a citizen or national of the United States; (2) Is a...


one national teacher fellowship under this part to an eligible teacher in each of the following: (1) Each congressional district in each of the fifty States. ...


part may not exceed the national average salary of public school teachers in the most recent year for which satisfactory data are available, as determined by the Secretary....


under this part for projects to improve education including: (a) Sabbaticals for study or research directly associated with objectives of this part, or academic...


one or more of the projects listed in Sec. 237.5. (b) The Secretary announces any annual priorities in a notice published in the Federal Register. (Authority:...


(a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR 75.60 and 75.61 (regarding the ineligibility of certain individuals to...


Act means the Higher Education Act of 1965, as amended. Fellow means a fellowship recipient under this part. Fellowship means an award made to a person under this part. ...


this part, an individual must submit an application containing a proposal for a fellowship project as described in Sec. 237.5, indicating the extent to which the...


each State are selected by a seven-member statewide panel appointed by the chief State elected official, acting in consultation with the State educational agency (SEA),...


responsibility for: (1) Establishing its own operating procedures regarding the fellowship selection process; and (2) Disseminating information and application materials...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR237.30] [Page 540] TITLE 34--EDUCATION SECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 237--CHRISTA MCAULIFFE FELLOWSHIP PROGRAM--Table of Contents Subpart D--What Conditions Must Be Met by Fellows? Sec. 237.30 What is the duration of a fellowship? An individual may receive a Christa McAuliffe Fellowship under this program for up to 12 months. (Authority: 20 U.S.C. 1113d(a)) ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR237.31] [Page 540] TITLE 34--EDUCATION SECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 237--CHRISTA MCAULIFFE FELLOWSHIP PROGRAM--Table of Contents Subpart D--What Conditions Must Be Met by Fellows? Sec. 237.31 May a fellowship be awarded for two consecutive years? A Christa McAuliffe fellow may not receive an award for any two consecutive years. (Authority: 20 U.S.C. 1113b(a)(2)) ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR237.32] [Page 540] TITLE 34--EDUCATION SECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 237--CHRISTA MCAULIFFE FELLOWSHIP PROGRAM--Table of Contents Subpart D--What Conditions Must Be Met by Fellows? Sec. 237.32 What records and reports are required from fellows? Each fellow shall keep any records and submit any reports that are required by the Secretary. (Authority: 20 U.S.C. 1113d(a)) ...


paragraph (b) of this section, a fellow must return to a teaching position in the fellow's current LEA, private school, or private school system for at least two years following...


not carry out the activities described in the approved application or does not comply with Sec. 237.33, the fellow shall make repayment in accordance with this section. ...


program provides grants to eligible entities to-- (1) Increase the number of qualified Indian individuals in professions that serve Indian people; (2)...


In order to be eligible for either pre-service or in-service training programs, an applicant must be an eligible entity which means - - (1) An institution of higher...


definitions apply to the Professional Development program: [[Page 542]] Bureau-funded school means a Bureau school, a contract or grant school, or...


Professional Development program may include, as training costs, assistance to either-- (1) Fully finance a student's educational expenses; or (2) Supplement other...


awards a total of 5 points to an application submitted by an Indian tribe, Indian organization, or an Indian institution of higher education that is eligible to participate...


The following criteria, with the total number of points available in parenthesis, are used to evaluate an application for a new award: (a) Need for project...


a written request for a leave of absence to the project director not less than 30 days prior to withdrawal or completion of a grading period, unless an emergency...


the Professional Development are required to-- (1) Sign an agreement, at the time of selection for training, to meet the provisions of the payback requirement; and ...


under the Professional Development program, payback shall begin within six months from the date of completion of the training. (b) For participants who do not...


shall submit to the Secretary, within 30 days of completion of their training program, a written notice of intent to complete a work-related or cash payback, or to...


The following definitions apply to the Demonstration Grants for Indian Children program: Federally supported elementary or secondary school for...


(a) The Secretary awards a total of 5 competitive preference priority points to an application that presents a plan for combining two or more of the activities described in...


districts and personnel in the preparation, adoption, and implementation of plans for the desegregation of public schools and in the development of effective methods of...


(EDGAR) in 34 CFR part 74 (Administration of Grants), part 75 (Direct Grant Programs), part 77 (Definitions That Apply to Department Regulations), part 78...


part: Desegregation assistance means the provision of technical assistance (including training) in the areas of race, sex, and national origin desegregation of...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR270.4] [Page 549] TITLE 34--EDUCATION SECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 270--DESEGREGATION OF PUBLIC EDUCATION--Table of Contents Sec. 270.4 What types of projects are funded under these programs? The Secretary may fund-- (a) State Educational Agency (SEAs) projects; and (b) Desegregation Assistance Centers (DACs). (Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5) ...


(1) Stipends to public school personnel who participate in technical assistance or training activities funded under these parts for the period of their attendance,...


this section, a recipient of a grant for race or national origin desegregation assistance under these programs may not use funds to assist in the development or implementation...


grants to State educational agencies (SEAs) to enable them to provide technical assistance (including training) at the request of school boards and other responsible...


for a grant under this program. An SEA shall submit one application to provide technical assistance in one, two, or all three of the desegregation assistance areas, as defined...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR271.3] [Page 551] TITLE 34--EDUCATION SECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 271--STATE EDUCATIONAL AGENCY DESEGREGATION PROGRAM--Table of Contents Subpart A--General Sec. 271.3 What regulations apply to this program? The following regulations apply to the SEA program: (a) The regulations in 34 CFR part 270. (b) The regulations in this part. (Authority: 42 U.S.C. 2000c-2) ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR271.4] [Page 551] TITLE 34--EDUCATION SECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 271--STATE EDUCATIONAL AGENCY DESEGREGATION PROGRAM--Table of Contents Subpart A--General Sec. 271.4 What definitions apply to this program? The definitions in 34 CFR 270.3 apply to the SEA program (Authority: 42 U.S.C. 2000c-2) ...


be funded? The Secretary awards grants to SEAs for projects offering technical assistance (including training) to school boards and other responsible...


under this program? (a) A grantee may provide assistance only if the assistance is requested by a responsible governmental agency (other than the SEA)...


To obtain funding under this program: (a) An applicant must demonstrate its leadership in facilitating desegregation (in each of the desegregation assistance areas for which...


an application submitted under this part on the basis of the requirements in Sec. 271.20. (b) The Secretary identifies those applications that...


a grant to each SEA whose application meets the requirements of Sec. 271.20. The Secretary determines the amount of a grant, pursuant to the cost analysis under 34...


to operate regional Desegregation Assistance Centers (DACs), to enable them to provide technical assistance (including training) at the request of school boards and...


agency or a school board) or private, nonprofit organization is eligible to receive a grant under this program. (Authority: 42...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR272.3] [Page 553] TITLE 34--EDUCATION SECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 272--DESEGREGATION ASSISTANCE CENTER PROGRAM--Table of Contents Subpart A--General Sec. 272.3 What regulations apply to this program? The following regulations apply to the DAC program: (a) The regulations in 34 CFR part 270. (b) The regulations in this part. (Authority: 42 U.S.C. 2000c-2) ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR272.4] [Page 553] TITLE 34--EDUCATION SECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 272--DESEGREGATION ASSISTANCE CENTER PROGRAM--Table of Contents Subpart A--General Sec. 272.4 What definitions apply to this program? The definitions in 34 CFR 270.3 apply to the DAC program. (Authority: 42 U.S.C. 2000c-2) ...


be funded? (a) The Secretary may award funds to DACs for projects offering technical assistance (including training) to school boards and other...


under this program? (a) The recipient of a grant under this part may provide assistance only if requested by school boards and other responsible...


DACs serve? The Secretary awards a grant to provide race, sex, and national origin desegregation assistance under this program in each of the following...


the following criteria to evaluate applications for DAC grants. (a) Mission and strategy. (30 points) The Secretary reviews each application to determine the extent...


the application on the basis of the criteria in Sec. 272.30. (b) The Secretary selects the highest ranking application for each geographical service area to...


the amount of a grant on the basis of: (a) The amount of funds available for all grants under this part; (b) A cost analysis of the project (that shows whether...


of a grant under this part must: (a) Operate a DAC in the geographic region to be served; (b) Have a full-time project director; and (c) Coordinate assistance in...


to eligible local educational agencies (LEAs) or consortia of LEAs for use in magnet schools that are part of an approved desegregation plan and that are designed to...


under this part if the LEA or consortia of LEAs [[Page 557]] meets any of the following requirements: (1) The LEA or consortia of LEAs is implementing...


Program: (a) The Education Department General Administrative Regulations (EDGAR), 34 CFR parts 75 (Direct grant programs), except that Sec. 75.253(c) (relating...


this part are defined in 34 CFR part 77: Applicant Application Award Budget EDGAR Elementary...


(a) The Secretary funds applications proposing projects in magnet schools that are part of an approved desegregation plan and that are designed to...


that desires to receive assistance under this part shall submit an annual application to the Secretary. (b) In its application, the LEA or consortium of LEAs shall...


application submitted under this part on the basis of the criteria in Sec. 280.31 and the priority factors in Sec. 280.32. (b) The Secretary awards up to 100 points for...


criteria in evaluating each application: (a) Plan of operation. (25 points) (1) The Secretary reviews each application to determine the quality of the plan...


points awarded under Sec. 280.31, the Secretary gives priority to the factors listed in paragraphs (b) through (f) of this section by awarding additional points for...


$75 million? (a) In selecting among applicants for funds appropriated for this program in excess of $75 million, the Secretary first identifies those remaining...


under this part for the following activities: (a) Planning and promotional activities directly related to the development, expansion, continuation, or enhancement...


assistance under this part may not-- (a) Expend for planning more than 50 percent of the funds received for the first fiscal year, 15 percent of the funds received...


for programs in titles I through XIII of the Elementary and Secondary Education Act of 1965, as amended (ESEA). As indicated in particular sections of this part,...


Department General Administrative Regulations (EDGAR) in part 80 to the ESEA programs except for title VIII programs (Impact Aid) (in addition to any other...


For any ESEA discretionary grant program, the Secretary may establish a priority, as authorized by 34 CFR 75.105(b), for projects that will-- (a) Use a...


An SEA may adopt and use its own reasonable standards in determining whether-- (a) The majority of its resources for administrative purposes comes from non-Federal sources...


an applicable program listed in paragraph (b) of this section may receive its full allocation of funds only if the SEA finds that either the combined fiscal effort per...


private schools? (a) General. An agency or consortium of agencies receiving funds under an applicable program listed in paragraph (b) of this section, after...


(a) Equal expenditures. (1) Expenditures of funds made by an agency or consortium of agencies under a program listed in Sec. 299.6 (b) for services for...


agency or consortium of agencies shall use funds under a program listed in Sec. 299.6(b) to provide services that supplement, and in no case supplant, the level of services that...


children and teachers? (a) A public agency must keep title to, and exercise continuing administrative control of, all property, equipment, and supplies that the...


with State law, for-- (1) Receiving and resolving any complaint from an organization or individual that the SEA or an agency or consortium of agencies...


(a) A reasonable time limit after the SEA receives a complaint for resolving the complaint in writing, including a provision for carrying out an independent...


complaint with an SEA. The complaint must be in writing and signed by the complainant, and include-- (a) A statement that the SEA or an agency or consortium of...


to This Program The purposes of this part are-- (a) To ensure that all children with disabilities have available to them a free appropriate public...


(a) States. This part applies to each State that receives payments under Part B of the Act. (b) Public agencies within the State. The provisions of this part-- (1)...


program: (a) 34 CFR part 76 (State-Administered Programs) except for Sec. Sec. 76.125-76.137 and 76.650-76.662. (b) 34 CFR part 77 (Definitions). (c) 34 CFR...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR300.4] [Page 11] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES--Table of Contents Subpart A--General Sec. 300.4 Act. As used in this part, Act means the Individuals with Disabilities Education Act (IDEA), as amended. (Authority: 20 U.S.C. 1400(a)) ...


device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase,...


service means any service that [[Page 12]] directly assists a child with a disability in the selection, acquisition, or use of an assistive...


the term child with a disability means a child evaluated in accordance with Sec. Sec. 300.530-300.536 as having mental retardation, a hearing impairment including...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR300.8] [Page 14] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES--Table of Contents Subpart A--General Sec. 300.8 Consent. As used in this part, the term consent has the meaning given that term in Sec. 300.500(b)(1). (Authority: 20 U.S.C. 1415(a)) ...


(a) Day means calendar day unless otherwise indicated as business day or school day; (b) Business day means Monday through Friday, except for Federal and...


service agency-- (a) Means a regional public multiservice agency-- (1) Authorized by State law to develop, manage, and provide services or programs to...


(a) Machinery, utilities, and built-in equipment and any necessary enclosures or structures to house the machinery, utilities, or equipment; and (b) All other...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR300.12] [Page 14] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES--Table of Contents Subpart A--General Sec. 300.12 Evaluation. As used in this part, the term evaluation has the meaning given that term in Sec. 300.500(b)(2). (Authority: 20 U.S.C. 1415(a)) ...


term free appropriate public education or FAPE means special education and related services that-- (a) Are provided at public expense, under public supervision...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR300.14] [Page 15] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES--Table of Contents Subpart A--General Sec. 300.14 Include. 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. (Authority: 20 U.S.C. 1221e-3) ...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR300.15] [Page 15] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES--Table of Contents Subpart A--General Sec. 300.15 Individualized education program. As used in this part, the term individualized education program or IEP has the meaning given the term in Sec. 300.340(a). (Authority: 20 U.S.C. 1401(11)) ...


the term individualized education program team or IEP team means a group of individuals described in Sec. 300.344 that is responsible for developing, reviewing, or revising an...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR300.17] [Page 15] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES--Table of Contents Subpart A--General Sec. 300.17 Individualized family service plan. As used in this part, the term individualized family service plan or IFSP has the meaning given the term in 34 CFR 303.340(b). (Authority: 20 U.S.C. 1401(12)) ...


local educational agency means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or...


if used with reference to an individual of limited English proficiency, means the following: (1) The language normally used by that individual, or, in the case...


means-- (1) A natural or adoptive parent of a child; (2) A guardian but not the State if the child is a ward of the State; (3) A person acting in the place of...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR300.21] [Page 16] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES--Table of Contents Subpart A--General Sec. 300.21 Personally identifiable As used in this part, the term personally identifiable has the meaning given that term in Sec. 300.500(b)(3). (Authority: 20 U.S.C. 1415(a)) ...


the SEA, LEAs, ESAs, public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA, and any other political subdivisions...


means personnel who have met SEA-approved or SEA-recognized certification, licensing, registration, or other comparable requirements that apply to the area in...


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...


means a nonprofit institutional day or residential school that provides secondary education, as determined under State law, except that it does not include any...


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)...


the 50 States, the District of Columbia, the Commonwealth [[Page 19]] of Puerto Rico, and each of the outlying areas. (Authority: 20...


term supplementary aids and services means, aids, services, and other supports that are provided in regular education classes or other education-related settings to enable...


means a coordinated set of activities for a student with a disability that-- (1) Is designed within an outcome-oriented process, that promotes movement from school...


are defined in 34 CFR 77.1: Application Award Contract Department EDGAR Elementary...


State Eligibility--General (a) A State is eligible for assistance under Part B of the Act for a fiscal year if the State demonstrates to the satisfaction of the...


the Secretary. If a State has on file with the Secretary policies and procedures approved by the Secretary that demonstrate that the State meets any requirement of Sec....


(a) Modifications made by a State. (1) Subject to paragraph (b) of this section, policies and procedures submitted by a State in accordance with this subpart remain in effect until...


Secretary determines that a State is eligible to receive a grant under Part B of the Act, the Secretary notifies the State of that determination. (b) Notice and hearing...


(a) General. Each State must have on file with the Secretary information that shows that, subject to Sec. 300.122, the State has in effect a policy that ensures that all children...


The obligation to make FAPE available to all children with disabilities does not apply with respect to the following: (1) Children aged 3, 4, 5, 18, 19, 20, or 21 in a State...


must have on file with the Secretary detailed policies and procedures through which the State has established a goal of providing full educational opportunity to all children...


the Secretary a detailed timetable for accomplishing the goal of providing full educational opportunity for all children with disabilities. (Authority: 20...


State must have in effect policies and procedures to ensure that-- (i) All children with disabilities residing in the State, including children with disabilities...


The State must have on file with the Secretary policies and procedures that ensure that the requirements of Sec. Sec. 300.530- 300.536 are met. (Authority:...


(a) The State must have on file in detail the policies and procedures that the State has undertaken to ensure protection of the confidentiality of any personally...


State must have on file with the Secretary information that shows that an IEP, or an IFSP that meets the requirements of section 636(d) of the Act, is developed, reviewed,...


file with the Secretary procedural safeguards that ensure that the requirements of Sec. Sec. 300.500- 300.529 are met. (b) Children with disabilities and their parents...


State must have on file with the Secretary procedures that ensure that the requirements of Sec. Sec. 300.550- 300.556 are met, including the provision in Sec. 300.551 requiring...


The State must have on file with the Secretary policies and procedures to ensure that-- (a) Children participating in early-intervention programs assisted under...


on file with the Secretary policies and procedures that ensure that the requirements of Sec. Sec. 300.400- 300.403 and Sec. Sec. 300.450-300.462 are met. (Authority:...


(a) General. The State must have in effect, consistent with the purposes of this part and with section 635(a)(8) of the Act, a comprehensive system of personnel development that-- ...


in this part-- (1) Appropriate professional requirements in the State means entry level requirements that-- (i) Are based on the highest requirements in the...


have on file with the Secretary information to demonstrate that the State-- (a) Has established goals for the performance of children with disabilities in the...


on file with the Secretary information to demonstrate that-- (a) Children with disabilities are included in general State and district-wide assessment programs,...


implementing the requirements of Sec. 300.138, the SEA shall make available to the public, and report to the public with the same frequency and in the same detail as it reports...


(a) The State must have on file with the Secretary information that shows that the requirements of Sec. 300.600 are met. (b) The information described under paragraph (a) of...


for services. The Chief Executive Officer or designee of that officer shall ensure that an interagency agreement or other mechanism for interagency coordination is...


The State must have on file with the Secretary the procedures that the SEA (and any agency assigned responsibility pursuant to Sec. 300.600(d)) follows to inform each public agency...


have on file with the Secretary procedures to ensure that the SEA does not make any final determination that an LEA is not eligible for assistance under Part B of the Act...


The State must have on file with the Secretary 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...


on file with the Secretary information to demonstrate that the following requirements are met: (a) General. The SEA examines data to determine if significant...


(a) If the SEA provides FAPE to children with disabilities, or provides direct services to these children, the agency-- (1) Shall comply with any additional requirements...


Subject to paragraph (a)(2) of this section, each State must ensure that, prior to the adoption of any policies and procedures needed to comply with this part, there...


with the Secretary information to demonstrate that the State has established and maintains an advisory panel for the purpose of providing policy guidance with respect to...


have on file with the Secretary an assurance satisfactory to the Secretary that the funds under Part B of the Act are not commingled with State funds. (b) The assurance...


as provided in Sec. 300.230, funds paid to a State under Part B of the Act must be used to supplement the level of Federal, State, and local funds (including funds that are...


General. The State must have on file with the Secretary information to demonstrate, on either a total or per-capita basis, that the State will not reduce the amount of State...


The State must have on file with the Secretary policies and procedures designed to ensure that funds paid to the State under Part B of the Act are spent in accordance with...


In order to receive a grant in any fiscal year a State must annually describe-- (1) How amounts retained for State-level activities under Sec. 300.602 will be used to meet...


eligible for assistance under Part B of the Act for a fiscal year if the agency demonstrates to the satisfaction of the SEA that it meets the conditions in Sec. Sec....


file with the SEA. If an LEA or a State agency described in Sec. 300.194 has on file with the SEA policies and procedures that demonstrate that the LEA or...


Modification made by an LEA or a State agency. (1) Subject to paragraph (b) of this section, policies and procedures submitted by an LEA or a State agency in accordance with...


to an LEA under Part B of the Act may be used only to pay the excess costs of providing special education and related services to children with...


An LEA meets the excess cost requirement if it has spent at least a minimum average amount for the education of its children with disabilities before funds under Part B of the...


SEA may require an LEA to establish its eligibility jointly with another LEA if the SEA determines that the LEA would be ineligible under this section because the agency would...


(a) Requirements for LEAs in general. LEAs that establish joint eligibility under this section must-- (1) Adopt policies and procedures that are consistent with the...


desires to receive a subgrant for any fiscal year under Sec. Sec. 300.711-300.714 must demonstrate to the satisfaction of the SEA that-- (a) All children with disabilities...


If the SEA determines that an LEA or State agency is not eligible under Part B of the Act, the SEA shall-- (a) Notify the LEA or State agency of that...


the SEA, after reasonable notice and an opportunity for a hearing, finds that an LEA or State agency that has been determined to be eligible under this section is failing to...


LEA, in providing for the education of children with disabilities within its jurisdiction, must have in effect policies, procedures, and programs that are consistent with the...


with the SEA information to demonstrate that-- (a) All personnel necessary to carry out Part B of the Act within the jurisdiction of the agency are appropriately...


SEA information to demonstrate that amounts provided to the LEA under Part B of the Act-- (a) Will be expended in accordance with the applicable provisions of...


provided in Sec. Sec. 300.232 and 300.233, funds provided to an LEA under Part B of the Act may not be used to reduce the level of expenditures for the education of children...


reduce the level of expenditures by the LEA under Part B of the Act below the level of those expenditures for the preceding fiscal year if the reduction is attributable to...


(a)(1) Subject to paragraphs (a)(2), (a)(3), and (b) of this section, for any fiscal year for which amounts appropriated to carry out section 611 of the Act exceed $4.1 billion,...


(a) General; limitation on amount of Part B funds used. An LEA may use funds received under Part B of the Act for any fiscal year to carry out a schoolwide program under section 1114...


paragraph (b) of this section, funds provided to an LEA under Part B of the Act may be used for the following activities: [[Page 36]] (1) Services and...


SEA with information necessary to enable the SEA to carry out its duties under Part B of the Act, including, with respect to Sec. Sec. 300.137 and 300.138,...


The LEA must have on file with the SEA information to demonstrate that in carrying out this part with respect to charter schools that are public schools of the LEA, the...


the SEA information to demonstrate to the satisfaction of the SEA that it will make available to parents of children with disabilities and to the general public all...


LEA may not use more than 5 percent of the amount the agency receives under Part B of the Act for any fiscal year, in combination with other amounts (which must include amounts...


LEA may, in accordance with paragraph (b) of this section, use funds made available under Part B of the Act to permit a public school within the jurisdiction of the LEA to...


described in Sec. 300.245 must-- (a) Be designed to be consistent with the purposes described in section 651(b) of the Act and to improve educational and...


granted authority under Sec. 300.245(b) to permit a public school to design, implement, and evaluate a school-based improvement plan shall-- (a) Select each school under...


in Sec. 300.245(a) may be submitted to an LEA for approval only if a consensus with respect to any matter relating to the design, implementation, or evaluation of the...


carrying out the requirements of Sec. Sec. 300.245-300.250, an LEA shall ensure that the parents of children with disabilities are involved in the design, evaluation,...


jurisdiction of an LEA meets the applicable requirements and criteria described in Sec. Sec. 300.246 and 300.247 at the expiration of the 3-year approval period described Sec....


provide the Secretary of the Interior amounts under Sec. 300.715(b) and (c) for a fiscal year only if the Secretary of the Interior submits to the Secretary information that-- ...


Sec. 300.260 the Secretary of the Interior shall provide for public participation consistent with Sec. Sec. 300.280-300.284. (Authority: 20...


Interior may use five percent of its payment under Sec. 300.715(b) and (c) in any fiscal year, or $500,000, whichever is greater, for administrative costs in carrying out...


of the Interior shall develop and implement a plan for the coordination of services for all Indian children with disabilities residing on reservations covered under Part B of...


term Indian means an individual who is a member of an Indian tribe. (b) Indian tribe. As used in this part, the term Indian tribe means any Federal or State Indian...


the requirements of section 612(a)(21) of the Act, the Secretary [[Page 40]] of the Interior shall establish, not later than December 4, 1997 under the BIA,...


advisory board established under Sec. 300.265 shall prepare and submit to the Secretary of the Interior and to the Congress an annual report containing a description of...


shall comply with the requirements of Sec. Sec. 300.301-300.303, 300.305-300.309, 300.340-300.348, 300.351, 300.360-300.382, 300.400-300.402, 300.500-300.586,...


Prior to its adoption of State policies and procedures related to this part, the SEA shall-- (a) Make the policies and procedures available to the...


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...


(a) The SEA shall conduct the public hearings at times and places that afford interested parties throughout the State a reasonable opportunity to participate. (b) The policies...


Before adopting the policies and procedures, the SEA shall-- (a) Review and consider all public comments; and (b) Make any necessary modifications in...


After the Secretary approves a State's policies and procedures, the SEA shall give notice in newspapers or other media, or both, that the policies and procedures...


Education (a) General. (1) Subject to paragraphs (b) and (c) of this section and Sec. 300.311, each State receiving assistance under this part shall ensure...


local, Federal, and private sources of support are available in the State to meet the requirements of this part. For example, if it is necessary to place a child with...


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,...


ensure that the hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly. (Authority: 20...


each public agency establishes and implements a goal of providing full educational opportunity to all children with disabilities in the area served by the...


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...


to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation...


specially designed if necessary, must be made available to every child with a disability receiving FAPE. [[Page 43]] (b) Regular physical education....


assistive technology devices or assistive technology services, or both, as those terms are defined in Sec. Sec. 300.5-300.6, are made available to a child with a...


agency shall ensure that extended school year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) of this section. (2) Extended school...


(a) Exception to FAPE for certain students. Except as provided in Sec. 300.122(a)(2)(ii), the obligation to make FAPE available to all children with disabilities does...


(a) Children with disabilities who attend public charter schools and their parents retain all rights under this part. (b) If the public charter school is an LEA, consistent with Sec....


term developmental delay. (1) A State that adopts the term developmental delay under Sec. 300.7(b) determines whether it applies to children aged 3 through 9, or to a subset of...


a full and individual evaluation is conducted for each child being considered for special education and related services under Part B of the Act-- (1) To determine if...


(a) A reevaluation of each child with a disability is conducted in accordance with Sec. 300.536; and (b) The results of any reevaluations are addressed by the child's...


As used in this part, the term individualized education program or IEP means a written statement for a child with a disability that is developed, reviewed, and revised in...


(a) The SEA shall ensure that each public agency-- (1) Except as provided in Sec. Sec. 300.450-300.462, develops and implements an IEP for each child with a disability served...


of each school year, each public agency shall have an IEP in effect for each child with a disability within its jurisdiction. (b) Implementation of IEPs. Each...


initiating and conducting meetings for the purpose of developing, reviewing, and revising the IEP of a child with a disability (or, if consistent with Sec. 300.342(c),...


the IEP team for each child with a disability includes-- (1) The parents of the child; (2) At least one regular education teacher of the child (if the child is,...


public agency shall take steps to ensure that one or both of the parents of a child with a disability are present at each IEP meeting or are afforded...


IEP. (1) General. In developing each child's IEP, the IEP team, shall consider-- (i) The strengths of the child and the concerns of the parents for enhancing the...


a disability must include-- (1) A statement of the child's present levels of educational performance, including-- (i) How the child's disability affects the...


a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with Sec. 300.347(b)(1), the public agency...


(1) Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency shall initiate and conduct a meeting to...


paragraph (b) of this section, each public agency must-- (1) Provide special education and related services to a child with a disability in accordance with the child's...


SEA shall use the payments that would otherwise have been available to an LEA or to a State agency to provide special education and related services directly to children...


education and related services under Sec. 300.360(a) in the manner and at the location it considers appropriate (including regional and State centers). However, the manner...


funds it retains under Sec. 300.602 and does not use for administration under Sec. 300.620 for any of the following: (1) Support and direct services, including...


funds. A State may use funds it retains under Sec. 300.602 without regard to-- (a) The prohibition on commingling of funds in Sec. 300.152; and ...


implement a comprehensive system of personnel development that-- (1) Is consistent with the purposes of this part and with section 635(a)(8) of the Act; (2)...


at least, an analysis of State and local needs for professional development for personnel to serve children with disabilities that includes, at a minimum-- (a)...


strategies the State will use to address the needs identified under Sec. 300.381. These strategies must include how the State will address the identified needs for in-service...


With Disabilities in Private Schools Placed or Referred by Public Agencies Sections 300.401-300.402 apply only to children...


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...


In implementing Sec. 300.401, the SEA shall-- (a) Monitor compliance through procedures such as written reports, on-site visits, and parent questionnaires; (b)...


(a) General. This part does not require an LEA to pay for the cost of education, including special education and related services, of a child with a disability at a...


As used in this part, private school children with disabilities means children with disabilities enrolled by their parents in private schools or facilities other...


(a) Each LEA shall locate, identify, and evaluate all private school children with disabilities, including religious-school children residing in the jurisdiction of...


To the extent consistent with their number and location in the State, provision must be made for the participation of private school children with disabilities in the...


Sec. 300.452(a), each LEA must spend on providing special education and related services to private school children with disabilities-- (1) For children aged 3...


special education and related services. (1) No private school child with a disability has an individual right to receive some or all of the special education and related...


to private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools. ...


provided to private school children with disabilities may be provided on-site at a child's private school, including a religious school, to the extent consistent...


procedures in Sec. Sec. 300.504- 300.515 do not apply to complaints that an LEA has failed to meet the requirements of Sec. Sec. 300.452-300.462, including the provision...


funds available under section 611 or 619 of the Act for classes that are organized separately on the basis of school enrollment or religion of the students if-- (a) The...


(a) An LEA may not use funds provided under section 611 or 619 of the Act to finance the existing level of instruction in a private school or to otherwise benefit the...


funds available under sections 611 and 619 of the Act to make public school personnel available in other than public facilities-- (a) To the extent necessary to provide...


funds available under section 611 or 619 of the Act to pay for the services of an employee of a private school to provide services under Sec. Sec. 300.450-300.462 if-- (a)...


the benefit of private school children with disabilities. (a) A public agency must keep title to and exercise continuing administrative control of all property, equipment,...


by-pass if an SEA is, and was on December [[Page 58]] 2, 1983, prohibited by law from providing for the participation of private school children with...


implementing a by-pass, the Secretary consults with appropriate public and private school officials, including SEA officials, in the affected State to consider matters...


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...


show cause why a by-pass should not be implemented shall submit a written request for a show cause hearing to the Secretary. (Authority: 20...


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...


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...


Sec. Sec. 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...


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...


Due Process Procedures for Parents and Children (a) Responsibility of SEA and other public agencies. Each SEA shall ensure that each public...


(a) General. The parents of a child with a disability must be afforded, in accordance with the procedures of Sec. Sec. 300.562- 300.569, an opportunity to-- ...


The parents of a child with a disability have the right under this part to obtain an independent educational evaluation of the child, subject to paragraphs (b) through (e) of...


(a) Notice. (1) Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before...


copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents, at a minimum-- (1) Upon initial referral for...


(a)(3), (b) and (c) of this section, informed parent consent must be obtained before-- (i) Conducting an initial evaluation or reevaluation; and (ii) Initial...


ensure that procedures are established and implemented to allow parties to disputes involving any matter described in Sec. 300.503(a)(1) to resolve the disputes through...


(a) General. (1) A parent or a public agency may initiate a hearing on any of the matters described in Sec. 300.503(a)(1) and (2) (relating to the identification, evaluation...


conducted-- (1) By a person who is an employee of the State agency or the LEA that is involved in the education or care of the child; or (2) By any person having a...


pursuant to Sec. Sec. 300.507 or 300.520-300.528, or an appeal conducted pursuant to Sec. 300.510, has the right to-- (1) Be accompanied and advised by counsel...


(a) Finality of decision. A decision made in a hearing conducted pursuant to Sec. Sec. 300.507 or 300.520-300.528 is final, except that any party involved in the hearing may...


(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...


the findings and decision made under Sec. Sec. 300.507 or 300.520-300.528 who does not have the right to an appeal under Sec. 300.510(b), and any party aggrieved by the...


under section 615 of the Act, the court, in its discretion, may award [[Page 67]] reasonable attorneys' fees as part of the costs to the parents of a...


provided in Sec. 300.526, during the pendency of any administrative or judicial proceeding regarding a complaint under Sec. 300.507, unless the State or local agency and the...


ensure that the rights of a child are protected if-- (1) No parent (as defined in Sec. 300.20) can be identified; (2) The public agency, after reasonable...


(a) General. A State may provide that, when a student with a disability reaches the age of majority under State law that applies to all students (except for a student with a...


For purposes of removals of a child with a disability from the child's current educational placement under Sec. Sec. 300.520-300.529, a change of placement occurs if-- (a)...


order-- (1)(i) To the extent removal would be applied to children without disabilities, the removal of a child with a disability from the child's current placement...


section 615 of the Act may order a change in the placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 days if...


educational setting referred to in Sec. 300.520(a)(2) must be determined by the IEP team. (b) Additional requirements. Any interim alternative educational...


an action is contemplated regarding behavior described in Sec. Sec. 300.520(a)(2) or 300.521, or involving a removal that constitutes a change of placement under Sec. 300.519...


(a) General. If the result of the review described in Sec. 300.523 is a determination, consistent with Sec. 300.523(d), that the behavior of the child with a...


disagrees with a determination that the child's behavior was not a manifestation of the child's disability or with any decision regarding placement under Sec. Sec....


requests a hearing or an appeal regarding a disciplinary action described in Sec. 300.520(a)(2) or 300.521 to challenge the interim alternative educational setting or...


related services. (a) General. A child who has not been determined to be eligible for special education and related services under this part and who has engaged...


process hearings under Sec. Sec. 300.521-300.526 must-- (1) Meet the requirements of Sec. 300.509, except that a State may provide that the time periods identified in...


(a) Nothing in this part prohibits an agency from reporting a crime committed by a child with a disability to appropriate authorities or to prevent State...


establishes and implements procedures that meet the requirements of Sec. Sec. 300.531- 300.536. (Authority: 20 U.S.C....


full and individual initial evaluation, in accordance with Sec. Sec. 300.532 and 300.533, before the initial provision of special education and related services to a...


at a minimum, that the following requirements are met: (a)(1) Tests and other evaluation materials used to assess a child under Part B of the Act-- (i)...


of existing evaluation data. As part of an initial evaluation (if appropriate) and as part of any reevaluation under Part B of the Act, a group that includes the...


administration of tests and other evaluation materials-- (1) A group of qualified professionals and the parent of the child must determine whether the child is a child...


(a) In interpreting evaluation data for the purpose of determining if a child is a child with a disability under Sec. 300.7, and the educational needs of the child, each...


(a) That the IEP of each child with a disability is reviewed in accordance with Sec. Sec. 300.340-300.350; and (b) That a reevaluation of each child, in accordance...


a child suspected of having a specific learning disability is a child with a disability as defined in Sec. 300.7, must be made by the child's parents and a team of...


(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...


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...


a specific learning disability, the documentation of the team's determination of eligibility, as required by Sec. 300.534(a)(2), must include a statement of-- (1)...


Sec. 300.311(b) and (c), a State shall demonstrate to the satisfaction of the Secretary that the State has in effect policies and procedures to ensure that it meets the...


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. ...


a child with a disability, including a preschool child with a disability, each public agency shall ensure that-- (a) The placement decision-- (1) Is made by...


the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in Sec. 300.306, each...


provided in Sec. 300.600(d), an SEA must ensure that Sec. 300.550 is effectively implemented, including, if necessary, making arrangements with public and private...


SEA shall carry out activities to ensure that teachers and administrators in all public agencies-- (a) Are fully informed about their responsibilities for implementing Sec....


activities to ensure that Sec. 300.550 is implemented by each public agency. (b) If there is evidence that a public agency makes placements that are inconsistent with Sec....


(a) Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable. ...


is adequate to fully inform parents about the requirements of Sec. 300.127, including-- (1) A description of the extent that the notice is given in the native languages...


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...


a record of parties obtaining access to education records collected, maintained, or used under Part B of the Act (except access by parents and authorized employees of...


includes information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed...


agency shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the agency. (Authority: 20...


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...


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...


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...


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...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR300.570] [Page 80] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES--Table of Contents Subpart E--Procedural Safeguards Sec. 300.570 Hearing procedures. A hearing held under Sec. 300.568 must be conducted according to the procedures under 34 CFR 99.22. (Authority: 20 U.S.C. 1412(a)(8), 1417(c)) ...


Sec. 300.529(b) for which parental consent is not required by Part 99, parental consent must be obtained before personally identifiable information is-- (1) Disclosed...


the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. (b) One official at each participating agency...


inform parents when personally identifiable information collected, maintained, or used under this part is no longer needed to provide educational services to the child. ...


procedures 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...


procedures, including sanctions, that the State uses to ensure that its policies and procedures are followed [[Page 81]] and that the requirements of the Act...


a public agency include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child...


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...


If the Secretary determines that a State is eligible to receive a grant under Part B of the Act, the Secretary notifies the State of that determination. (Authority:...


(a) General. (1) The Secretary does not make a final determination that a State is not eligible to receive a grant under Part B of the Act until providing...


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,...


300.581-300.586 the term party or parties means the following: [[Page 82]] (1) An SEA that requests a hearing regarding the proposed disapproval of the...


or Panel prepares an initial written decision that addresses each of the points in the notice sent by the Secretary to the SEA under Sec. 300.581. (b) The...


Sec. Sec. 300.581-300.585 must be filed by hand-delivery, by mail, or by facsimile transmission. The Secretary discourages the use of facsimile transmission for...


Secretary's final action with respect to the eligibility of the State under section 612 of the Act, the State may, not later than 60 days after notice of that action, file...


action described in paragraph (b) of this section if the Secretary finds-- (1) That there has been a failure by the State to comply substantially with any provision...


Part B funds. (a) Except as provided under Sec. Sec. 300.232-300.235, funds paid to a State under Part B of the Act must be used to supplement and increase...


General (a) The SEA is responsible for ensuring-- (1) That the requirements of this part are carried out; and (2) That...


B of the Act 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...


more than the amount described in paragraph (b) of this section for administration in accordance with Sec. Sec. 300.620 and 300.621 and other State-level activities...


purpose of administering Part B of the Act, including section 619 of the Act (including the coordination of activities under Part B of the Act with, and providing technical...


300.620 for-- (1) Administration of State activities under Part B of the Act and for planning at the State level, including planning, or assisting in the planning,...


In any fiscal year in which the percentage increase in the State's allocation under 611 of the Act exceeds the rate of inflation (as measured by the percentage increase,...


year, the amount referred to in Sec. 300.622 is-- (a) The maximum amount the State was allowed to retain under Sec. 300.602(a) for the prior fiscal year, or, for fiscal...


establish priorities in awarding subgrants under Sec. 300.622 to LEAs competitively or on a targeted basis. (Authority: 20 U.S.C. 1411(f)(4)(A)) ...


establish and maintain, in accordance with Sec. Sec. 300.650-300.653, a State advisory panel on the education of children with disabilities. (b) The advisory panel must...


State advisory panel must consist of members appointed by the Governor, or any other official authorized under State law to make these appointments, that is representative of...


panel shall-- (1) Advise the SEA of unmet needs within the State in the education of children with disabilities; (2) Comment publicly on any rules or...


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...


Each SEA shall adopt written procedures for-- (1) Resolving any complaint, including a complaint filed by an organization or individual from another State, that meets...


procedures. Each SEA shall include in its complaint procedures a time limit of 60 days after a complaint is filed under Sec. 300.660(a) to-- (1) Carry out...


file a signed written complaint under the procedures described in Sec. Sec. 300.660-300.661. (b) The complaint must include-- (1) A statement that a public...


Allocations For the purposes of Sec. Sec. 300.701, and 300.703-300.714, the term State means each of the 50 States, the District of Columbia,...


makes grants to States and the outlying areas and provides funds to the Secretary of the Interior, to assist them to provide special education and related services...


term average per-pupil expenditure in public elementary and secondary schools in the United States means-- (a) Without regard to the source of funds-- (1)...


funds for studies and evaluations under section 674(e) of the Act, and for payments to the outlying areas, the freely associated States, and the Secretary of the Interior...


year. The Secretary allocates the amount described in Sec. 300.703(a) among the States in accordance with Sec. Sec. 300.706-300.709 for each fiscal year beginning with the...


allocations to States under Sec. 300.706 is equal to or greater than the amount allocated to the States under section 611 of the Act for the preceding fiscal year,...


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...


allocations to States under Sec. 300.706 is less than the amount allocated to the States under section 611 of the Act for the preceding fiscal year, those allocations...


school children with disabilities. In determining the allocation under Sec. Sec. 300.700-300.709 of a State in which the Secretary will implement a by-pass for...


grant under section 611 of the Act for any fiscal year shall distribute in accordance with Sec. 300.712 any funds it does not retain under Sec. 300.602 and is not required...


each fiscal year for which funds are allocated to States under Sec. 300.703(b) each State shall allocate funds under Sec. 300.711 in accordance with section 611(d) of the...




PEO7.com 23945 Calabasas Rd. Suite 106, Calabasas, CA 91302 818-222-4572 cs@peo7.com
SiteMap  | Employee Leasing  | Exploring the Possibilities  | What is Employee Leasing  | Why use a Peo  | Free Advice  | Benefits to  Employees  |  Responsibilities of PEO  | Benefit Package  | HR Management  | Pre-Employment Screening  | The Issue of Control  |  Future of PEO |  Request For Proposal (RFP)  | Contact Us  | Peo Resources |  Terms of Service | FAQ