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.
§§ 1400 - 1482 ) and to ensure that:
(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
(iv) School entities
provide access to a full continuum of placement options.
(v) The rights of children with disabilities
and parents of these children are protected.
(vi) The use of early intervening services
promotes students' success in a general education environment.
To adopt, except as expressly
otherwise provided in this chapter, the requirements of 34 CFR Part 300
(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 reference:
(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).
limited English proficient; local educational agency; native language; and
personally identifiable; public agency; related services; scientifically based
research; secondary school; and services plan).
34 CFR 300.39
(relating to special education).
(relating to 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).
(relating 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).
(relating to continuum of alternative placements; placements; and nonacademic
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
(relating to personnel
(relating to purchase of instructional materials; information for SEA; public
information; and records regarding migratory children with
(relating to requirements for
(relating to early intervening
34 CFR 300.300
(relating 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
(relating to additional group members; determining the existence of a specific
learning disability; observation; and specific documentation for the
(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).
(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).
34 CFR 300.510
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).
34 CFR 300.610
(relating to 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 children's rights).