PART 300

Subpart A — General
Purposes and Applicability

Sec.
300.1 Purposes.
300.2 Applicability of this part to State and local agencies.
300.3 Authority

    Definitions Used in This Part

300.4 Act.
300.5 Assistive technology device.
300.6 Assistive technology service.
300.7 Charter school.
300.8 Child with a disability.
300.9 Consent.
300.10 Core academic subjects.
300.11 Day; business day; school day.
300.12 Educational service agency.
300.13 Elementary school.
300.14 Equipment.
300.15 Evaluation.
300.16 Excess costs.
300.17 Free appropriate public education.
300.18 Highly qualified special education teachers.
300.19 Homeless children.
300.20 Include.
300.21 Indian and Indian tribe.
300.22 Individualized education program.
300.23 Individualized education program team.
300.24 Individualized family service plan.
300.25 Infant or toddler with a disability.
300.26 Institution of higher education.
300.27 Limited English proficient.
300.28 Local educational agency.
300.29 Native language.
300.30 Parent.
300.31 Parent training and information center.
300.32 Personally identifiable.
300.33 Public agency.
300.34 Related services.
300.35 Scientifically based research.
300.36 Secondary school.
300.37 Services plan.
300.38 Secretary.
300.39 Special education.
300.40 Reserved.
300.41 State educational agency.
300.42 Supplementary aids and services.
300.43 Transition services.
300.44 Universal design.
300.45 Ward of the State.
300.46 Vocational/Career assessment.
300.47 Teacher of Record

Subpart B—Local Education Agency General Requirements

300.100 Reserved.

    FAPE Requirements

300.101 Free appropriate public education (FAPE).
300.102 Limitation — exception to FAPE for certain ages.

    Other FAPE Requirements

300.103 FAPE — methods and payments.
300.104 Residential placement.
300.105 Assistive technology.
300.106 Extended school year services.
300.107 Nonacademic services.
300.108 Physical education.
300.109 Reserved.
300.110 Program options.
300.111 Child find.
300.112 Individualized education programs (IEP).
300.113 Routine checking of hearing aids and external components of surgically implanted medical devices.

    Least Restrictive Environment (LRE)

300.114 LRE requirements.
300.115 Continuum of alternative placements.
300.115(A) Continuum of special education placements and services.
300.115(B) Continuum of special education placements and services for children aged three (3) through five (5).
300.115(C) Continuum of special education program placement: homebound and hospital instructional programs.
300.116 Placements.
300.117 Nonacademic settings.
300.118 Children in public or private institutions.
300.119 Technical assistance and training activities.
300.120 – 300.128 Reserved

    Children in Private Schools
   
    Children With Disabilities Enrolled by Their Parents in Private Schools

300.129 FAPE for Children With Disabilities Enrolled by their Parents in Private Schools
300.130 Definition of parentally-placed private school children with disabilities.
300.131 Child find for parentally-placed private school children with disabilities.
300.132 Provision of services for parentally placed private school children with disabilities—basic requirement.
300.133 Expenditures.
300.134 Consultation.
300.135 Written affirmation.
300.136 Compliance.
300.137 Equitable services determined.
300.138 Equitable services provided.
300.139 Location of services and transportation.
300.140 Due process complaints and State complaints.
300.141 Requirement that funds not benefit a private school.
300.142 Use of personnel.
300.143 Separate classes prohibited.
300.144 Property, equipment, and supplies.

    Children With Disabilities in Private Schools Placed or Referred by Public Agencies

300.145 Applicability of §§ 300.146 through
300.146 Responsibility of LEA.
300.147 Reserved.

    Children With Disabilities Enrolled by Their Parents in Private Schools When FAPE is at Issue

300.148 Placement of children by parents when FAPE is at issue.

    SEA Responsibility for General Supervision and Implementation of Procedural Safeguards

300.149 – 300.150 Reserved.

    State Complaint Procedures

300.151 Adoption of State complaint procedures.
300.152 State complaint procedures.
300.153 Filing a complaint.

    Methods of Ensuring Services

300.154 Methods of ensuring services.

    Additional Eligibility Requirements

300.155 Reserved.
300.156 Personnel qualifications.
300.157 Personnel requirements
300.158 – 300.166 Reserved.

    State Advisory Panel

300.167 State advisory panel.
300.168 Membership.
300.169 Duties.

    Other Provisions Required for State Eligibility

300.170 – 300.172 Reserved.
300.173 Over identification and disproportionality
300.174 Prohibition on mandatory medication.
300.175 – 300.199 Reserved.

Subpart C — Local Educational Agency Eligibility

300.200 Condition of assistance.
300.201 Consistency with State policies.
300.202 Use of amounts
300.203 Maintenance of effort
300.204 – 300.205 Reserved
300.206 Schoolwide programs under Title I of ESEA.
300.207 Personnel development.
300.208 Permissive use of funds.
300.209 Treatment of charter schools and their students.
300.210 Access to and purchase of instructional materials.
300.211 Information for SEA.
300.212 Public information.
300.213 Records regarding migratory children with disabilities.
300.214 – 300.219 Reserved.
300.220 Exception for prior local plans.
300.221 Notification of LEA or State agency in case of ineligibility.
300.222 LEA and State agency compliance.
300.223 Joint establishment of eligibility.
300.224 Requirements for establishing eligibility.
300.225 Reserved.
300.226 Early intervening services.
300.227 Direct services by the SEA.
300.228 State agency eligibility.
300.229 Disciplinary information.
300.230 Reserved.

Subpart D—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements

    Parental Consent

300.300 Parental consent.

    Evaluations and Reevaluations

300.301 Initial evaluations.
300.302 Screening for instructional purposes is not evaluation.
300.303 Reevaluations.
300.304 Evaluation procedures.
300.305 Additional requirements for evaluations and reevaluations.
300.306 Determination of eligibility.

    Additional Procedures for Identifying Children With Specific Learning Disabilities

300.307 Specific learning disabilities.
300.308 Additional group members.
300.309 Determining the existence of a specific learning disability.
300.310 Observation.
300.311 Specific documentation for the eligibility determination.

    Individualized Education Programs

300.320 Definition of individualized education program.
300.321 IEP Team.
300.322 Parent participation.
300.323 When IEPs must be in effect.

    Development of IEP

300.324 Development, review, and revision of IEP.
300.325 Private school placements by public agencies.
300.326 Reserved.
300.327 Educational placements.
300.328 Alternative means of meeting participation.

Subpart E—Procedural Safeguards Due Process Procedures for Parents and Children

300.500 Responsibility of SEA and other public agencies.
300.501 Opportunity to examine records; parent participation in meetings.
300.502 Independent educational evaluation.
300.503 Prior notice by the public agency; content of notice.
300.504 Procedural safeguards notice.
300.505 Electronic mail.
300.506 Mediation.
300.507 Filing a due process complaint.
300.508 Due process complaint.
300.509 Model forms.
300.510 Resolution process.
300.511 Impartial due process hearing.
300.512 Hearing rights.
300.513 Hearing decisions.
300.514 Finality of decision; appeal; impartial review.
300.515 Timelines and convenience of hearings and reviews.
300.516 Civil action.
300.517 Attorneys‘ fees.
300.518 Child‘s status during proceedings.
300.519 Surrogate parents.
300.520 Transfer of parental rights at age of majority.
300.521–300.529 Reserved.

    Discipline Procedures

300.530 Authority of school personnel; emergency removal.
300.531 Determination of setting.
300.532 Appeal.
300.533 Placement during appeals.
300.534 Protections for children not determined eligible for special education and related services.
300.535 Referral to and action by law enforcement and judicial authorities.
300.536 Change of placement because of disciplinary removals.
300.537–300.599 Reserved.

Subpart F— Subpart F—Monitoring, Enforcement, Confidentiality, and Program Information

300.600 State monitoring and enforcement
300.601 Monitoring activities
300.602–300.609 Reserved.

    Confidentiality of Information

300.610 Reserved.
300.611 Definitions.
300.612 Notice to Parents
300.613 Access rights.
300.614 Record of access.
300.615 Records on more than one child.
300.616 List of types and locations of information.
300.617 Fees.
300.618 Amendment of records at parent‘s request.
300.619 Opportunity for a hearing.
300.620 Result of hearing.
300.621 Hearing procedures.
300.622 Consent.
300.623 Safeguards.
300.624 Destruction of information.
300.646 Disproportionality

Subpart G Reserved

300.700 Reserved.

Subpart H Reserved

300.800 Reserved.

Subpart I — Rhode Island Specific Regulations

    Local Advisory Committee on Special Education

300.900 Local advisory committee on special education (LAC).

    Regional Transition Services Advisory Committee

300.901 Regional transition services advisory committee (TAC).

    Transportation

300.902 Transportation services for children with disabilities.