It is the intent of
the Board that children with disabilities be provided with quality special education
services and programs. The purposes of this chapter are to serve the following:
To adopt Federal regulations by incorporation
by reference to satisfy the statutory requirements under the Individuals with
Disabilities Education Act ( 20 U.S.C.
A. §§ 1400 - 1482 ) and to ensure
(i) Children with disabilities have
available to them a free appropriate public education which is designed to enable
the student to participate fully and independently in the community, including
preparation for employment or higher education.
(ii) Children with disabilities have access to the
general curriculum, and participate in State and local assessments as established
and described in Chapter 4 (relating to academic standards and
(iii) Children with
disabilities are educated, to the maximum extent appropriate, with their nondisabled
peers and are provided with supplementary aids and services.
(iv) School entities provide access to a full
continuum of placement options.
rights of children with disabilities and parents of these children are
(vi) The use of early
intervening services promotes students' success in a general education
except as expressly otherwise provided in this chapter, the requirements of 34 CFR
(relating to assistance to states for the education of children with
disabilities) as published at 71 FR 46540
-46845 (August 14, 2006); and amended at 73
FR 73006-73029 (December 1, 2008). The following sections are incorporated by
(relating to act; assistive technology device; and assistive technology
consent; core academic subjects; day, business day, school day; educational service
agency; elementary school; equipment; and evaluation).
(relating to free
appropriate public education; highly qualified special education teachers; homeless
children; and include).
(relating to individualized education program; individualized education program
team; and individualized family service plan).
(relating to limited
English proficient; local educational agency; native language; and
34 CFR 300.32
personally identifiable; public agency; related services; scientifically based
research; secondary school; and services plan).
(relating to special
34 CFR 300.41
State educational agency; supplementary aids and services; transition services;
universal design; and ward of the State).
(relating to free appropriate public education (FAPE); and limitation-exception to
FAPE for certain ages).
34 CFR 300.104
to residential placement; assistive technology; extended school year services;
nonacademic services; and physical education).
(relating to routine checking of hearing aids and external components of surgically
implanted medical devices; and LRE requirements).
to continuum of alternative placements; placements; and nonacademic
(relating to evaluation).
regarding students enrolled by their parents in private schools.
(relating to placement of children by
parents when FAPE is at issue).
(relating to participation in
(relating to access to instructional
(relating to prohibition on mandatory
34 CFR 300.207
(relating to personnel development).
(relating to purchase of instructional materials; information for SEA; public
information; and records regarding migratory children with disabilities).
(relating to requirements for establishing
(relating to early intervening
to parental consent; and initial evaluations).
(xxv)34 CFR 300.302-300.307(a)(1) and (2) and (b)
(relating to screening for instructional purposes is not evaluation; reevaluations;
evaluation procedures; additional requirements for evaluations and reevaluations;
determination of eligibility; and specific learning disabilities).
(relating to additional group members; determining the existence of a specific
learning disability; observation; and specific documentation for the eligibility
(relating to definition of individualized education program; IEP Team; parent
participation; when IEPs must be in effect; development, review, and revision of
IEP; and private school placement by public agencies).
34 CFR 300.327
(relating to educational placements; and alternative means of meeting
(relating to opportunity to examine records; parent participation in meetings;
independent education evaluation; prior notice by the public agency, content of
notice; procedural safeguards notice; electronic mail; mediation; filing a due
process complaint; and due process complaint).
resolution process; impartial due process hearing; hearing rights; hearing
decisions; finality of decisions, appeal; impartial review; timelines and
convenience of hearings and reviews; and civil action).
(relating to authority of school personnel; determination of setting; appeal;
placement during appeals; protections for children not determined eligible for
special education and related services; referral to and action by law enforcement
and judicial authorities; change of placement because of disciplinary removals; and
state enforcement mechanisms).
confidentiality; definitions; notice to parents; access rights; record of access;
records on more than one child; list of types and locations of information; fees;
amendment of records at parent's request; opportunity for a hearing; result of
hearing; hearing procedures; consent; safeguards; destruction of information; and