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Sec. 300.300 Provision of FAPE.

(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 that FAPE is available to all children with disabilities, aged 3 through 21, residing in the State, including children with disabilities who have been suspended or expelled from school. 
(2) As a part of its obligation under paragraph (a)(1) of this section, each State must ensure that the requirements of Sec. 300.125 (to identify, locate, and evaluate all children with disabilities) are implemented by public agencies throughout the State. 
(3)(i) The services provided to the child under this part address all of the child's identified special education and related services needs described in paragraph (a) of this section. (ii) The services and placement needed by each child with a disability to receive FAPE must be based on the child's unique needs and not on the child's disability. 

(b) Exception for age ranges 3-5 and 18-21. 
This paragraph provides the rules for applying the requirements in paragraph (a) of this section to children with disabilities aged 3, 4, 5, 18, 19, 20, and 21 within the State: 
(1) If State law or a court order requires the State to provide education for children with disabilities in any disability category in any of these age groups, the State must make FAPE available to all children with disabilities of the same age who have that disability. 
(2) If a public agency provides education to nondisabled children in any of these age groups, it must make FAPE available to at least a proportionate number of children with disabilities of the same age. 
(3) If a public agency provides education to 50 percent or more of its children with disabilities in any disability category in any of these age groups, it must make FAPE available to all its children with disabilities of the same age who have that disability. This provision does not apply to children aged 3 through 5 for any fiscal year for which the State receives a grant under section 619(a)(1) of the Act. 
(4) If a public agency provides education to a child with a disability in any of these age groups, it must make FAPE available to that child and provide that child and his or her parents all of the rights under Part B of the Act and this part. 
(5) A State is not required to make FAPE available to a child with a disability in one of these age groups if-- 
(i) State law expressly prohibits, or does not authorize, the expenditure of public funds to provide education to nondisabled children in that age group; or 
(ii) The requirement is inconsistent with a court order that governs the provision of free public education to children with disabilities in that State. 

(c) Children aged 3 through 21 on Indian reservations.
With the exception of children identified in Sec. 300.715(b) and (c), the SEA shall ensure that all of the requirements of Part B of the Act are implemented for all children with disabilities aged 3 through 21 on reservations. (Authority: 20 U.S.C. 1412(a)(1), 1411(i)(1)(C), S. Rep. No. 94-- 168, p. 19 (1975))

Sec. 300.301 FAPE--methods and payments.

(a) Each State may use whatever State, 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 a disability in a residential facility, a State could use joint agreements between the agencies involved for sharing the cost of that placement. 

(b) Nothing in this part relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a child with a disability. 

(c) Consistent with Secs. 300.342(b)(2) and 300.343(b), the State must ensure that there is no delay in implementing a child's IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined. (Authority: 20 U.S.C. 1401(8), 1412(a)(1))

Sec. 300.302 Residential placement.

If placement in a public or private residential 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, must be at no cost to the parents of the child. (Authority: 20 U.S.C. 1412(a)(1), 1412(a)(10)(B))

Sec. 300.303 Proper functioning of hearing aids.

Each public agency shall ensure that the hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly.. (Authority: 20 U.S.C. 1412(a)(1))

Sec. 300.304 Full educational opportunity goal.

Each SEA shall ensure that each public agency establishes and implements a goal of providing full educational opportunity to all children with disabilities in the area served by the public agency. (Authority: 20 U.S.C. 1412(a)(2)

Sec. 300.305 Program options.

Each public agency shall take steps to 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 the agency, including art, music, industrial arts, consumer and homemaking education, and vocational education. (Authority: 20 U.S.C. 1412(a)(2), 1413(a)(1))

Sec. 300.306 Nonacademic services.

(a) Each public agency shall take steps to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities. 

(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available. (Authority: 20 U.S.C. 1412(a)(1))

Sec. 300.307 Physical education.

(a) General. Physical education services, specially designed if necessary, must be made available to every child with a disability receiving FAPE. 

(b) Regular physical education. Each child with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless—
(1) The child is enrolled full time in a separate facility; or 
(2) The child needs specially designed physical education, as prescribed in the child's IEP. 

(c) Special physical education. If specially designed physical education is prescribed in a child's IEP, the public agency responsible for the education of that child shall provide the services directly or make arrangements for those services to be provided through other public or private programs. 

(d) Education in separate facilities. The public agency responsible for the education of a child with a disability who is enrolled in a separate facility shall ensure that the child receives appropriate physical education services in compliance with paragraphs (a) and (c) of this section. (Authority: 20 U.S.C. 1412(a)(25), 1412(a)(5)(A))

Sec. 300.308 Assistive technology.

(a) Each public agency shall ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in Secs. 300.5-300.6, are made available to a child with a disability if required as a part of the child's—
(1) Special education under Sec. 300.26; 
(2) Related services under Sec. 300.24; or 
(3) Supplementary aids and services under Secs. 300.28 and 300.550(b)(2). 

(b) On a case-by-case basis, the use of school-purchased assistive technology devices in a child's home or in other settings is required if the child's IEP team determines that the child needs access to those devices in order to receive FAPE. (Authority: 20 U.S.C. 1412(a)(12)(B)(i))

Sec. 300.309 Extended school year services.

(a) General.
(1) Each public 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 year services must be provided only if a child's IEP team determines, on an individual basis, in accordance with Secs. 300.340-300.350, that the services are necessary for the provision of FAPE to the child. 
(3) In implementing the requirements of this section, a public agency may not-- (i) Limit extended school year services to particular categories of disability; or (ii) Unilaterally limit the type, amount, or duration of those services.

(b) Definition. 
As used in this section, the term extended school year services means special education and related services that-
(1) Are provided to a child with a disability-- 
(i) Beyond the normal school year of the public agency; 
(ii) In accordance with the child's IEP; and 
(iii) At no cost to the parents of the child; and 
(2) Meet the standards of the SEA. (Authority: 20 U.S.C. 1412(a)(1))

Sec. 300.310 [Reserved]

Sec. 300.311 FAPE requirements for students with disabilities in adult prisons.

(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 not apply with respect to students aged 18 through 21 to the extent that State law does not require that special education and related services under Part B of the Act be provided to students with disabilities who, in the last educational placement prior to their incarceration in an adult correctional facility—
(1) Were not actually identified as being a child with a disability under Sec. 300.7; and 
(2) Did not have an IEP under Part B of the Act. 

(b) Requirements that do not apply. The following requirements do not apply to students with disabilities who are convicted as adults under State law and incarcerated in adult prisons: 
(1) The requirements contained in Sec. 300.138 and Sec. 300.347(a)(5)(i) (relating to participation of children with disabilities in general assessments). 
(2) The requirements in Sec. 300.347(b) (relating to transition planning and transition services), with respect to the students whose eligibility under Part B of the Act will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release. 

(c) Modifications of IEP or placement.
(1) Subject to paragraph (c)(2) of this section, the IEP team of a student with a disability, who is convicted as an adult under State law and incarcerated in an adult prison, may modify the student's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. 
(2) The requirements of Secs. 300.340(a) and 300.347(a) relating to IEPs, and 300.550(b) relating to LRE, do not apply with respect to the modifications described in paragraph (c)(1) of this section. (Authority: 20 U.S.C. 1412(a)(1), 1414(d)(6))

Sec. 300.312 Children with disabilities in public charter schools.

(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. 300.17, that receives funding under Secs. 300.711-300.714, that charter school is responsible for ensuring that the requirements of this part are met, unless State law assigns that responsibility to some other entity. 

(c) If the public charter school is a school of an LEA that receives funding under Secs. 300.711-300.714 and includes other public schools—
(1) The LEA is responsible for ensuring that the requirements of this part are met, unless State law assigns that responsibility to some other entity; and 
(2) The LEA must meet the requirements of Sec. 300.241.

(d)(1) If the public charter school is not an LEA receiving funding under Secs. 300.711-300.714, or a school that is part of an LEA receiving funding under Secs. 300.711-300.714, the SEA is responsible for ensuring that the requirements of this part are met. (2) Paragraph (d)(1) of this section does not preclude a State from assigning initial responsibility for ensuring the requirements of this part are met to another entity; however, the SEA must maintain the ultimate responsibility for ensuring compliance with this part, consistent with Sec. 300.600. (Authority: 20 U.S.C. 1413(a)(5))

Sec. 300.313 Children experiencing developmental delays.

(a) Use of 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 that age range (e.g., ages 3 through 5). 
(2) A State may not require an LEA to adopt and use the term developmental delay for any children within its jurisdiction. 
(3) If an LEA uses the term developmental delay for children described in Sec. 300.7(b), the LEA must conform to both the State's definition of that term and to the age range that has been adopted by the State. 
(4) If a State does not adopt the term developmental delay, an LEA may not independently use that term as a basis for establishing a child's eligibility under this part. 

(b) Use of individual disability categories.
(1) Any State or LEA that elects to use the term developmental delay for children aged 3 through 9 may also use one or more of the disability categories described in Sec. 300.7 for any child within that age range if it is determined, through the evaluation conducted under Secs. 300.530- 300.536, that the child has an impairment described in Sec. 300.7, and because of that impairment needs special education and related services. 
(2) The State or LEA shall ensure that all of the child's special education and related services needs that have been identified through the evaluation described in paragraph (b)(1) of this section are appropriately addressed. 

(c) Common definition of developmental delay. A State may adopt a common definition of developmental delay for use in programs under Parts B and C of the Act. (Authority: 20 U.S.C. 1401(3)(A) and (B))

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Evaluations and Reevaluations

Sec. 300.320 Initial evaluations.

(a) Each public agency shall ensure that 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 the child is a ``child with a disability'' under Sec. 300.7; and 
(2) To determine the educational needs of the child. 

(b) In implementing the requirements of paragraph (a) of this section, the public agency shall ensure that-- 
(1) The evaluation is conducted in accordance with the procedures described in Secs. 300.530-300.535; and 
(2) The results of the evaluation are used by the child's IEP team in meeting the requirements of Secs. 300.340-300.350. (Authority: 20 U.S.C. 1414(a), (b), and (c))

Sec. 300.321 Reevaluations.

Each public agency shall ensure that-

(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 IEP team under Secs. 300.340-300.349 in reviewing and, as appropriate, revising the child's IEP. (Authority: 20 U.S.C. 1414(a)(2))

Secs. 300.322-300.324 [Reserved]

Individualized Education Programs

Sec. 300.340 Definitions related to IEPs.

(a) Individualized education program. 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 meeting in accordance with Secs. 300.341-300.350. 

(b) Participating agency. As used in Sec. 300.348, participating agency means a State or local agency, other than the public agency responsible for a student's education, that is financially and legally responsible for providing transition services to the student. (Authority: 20 U.S.C. 1401(11), 1412(a)(10)(B))

Sec. 300.341 Responsibility of SEA and other public agencies for IEPs.

(a) The SEA shall ensure that each public agency—
(1) Except as provided in Secs. 300.450-300.462, develops and implements an IEP for each child with a disability served by that agency; and 
(2) Ensures that an IEP is developed and implemented for each eligible child placed in or referred to a private school or facility by the public agency. 

(b) Paragraph (a) of this section applies to—
(1) The SEA, if it is involved in providing direct services to children with disabilities, in accordance with Sec. 300.370(a) and (b)(1); and 
(2) Except as provided in Sec. 300.600(d), the other public agencies described in Sec. 300.2, including LEAs and other State agencies that provide special education and related services either directly, by contract, or through other arrangements. (Authority: 20 U.S.C. 1412(a)(4), (a)(10)(B))

Sec. 300.342 When IEPs must be in effect.

(a) General.
At the beginning 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 public agency shall ensure that-
(1) An IEP-- (i) Is in effect before special education and related services are provided to an eligible child under this part; and (ii) Is implemented as soon as possible following the meetings described under Sec. 300.343; 
(2) The child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation; and 
(3) Each teacher and provider described in paragraph (b)(2) of this section is informed of-- (i) His or her specific responsibilities related to implementing the child's IEP; and (ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP. 

(c) IEP or IFSP for children aged 3 through 5.
(1) In the case of a child with a disability aged 3 through 5 (or, at the discretion of the SEA a 2-year-old child with a disability who will turn age 3 during the school year), an IFSP that contains the material described in section 636 of the Act, and that is developed in accordance with Secs. 300.341- 300.346 and Secs. 300.349-300.350, may serve as the IEP of the child if using that plan as the IEP is-- (i) Consistent with State policy; and (ii) Agreed to by the agency and the child's parents. 
(2) In implementing the requirements of paragraph (c)(1) of this section, the public agency shall-- (i) Provide to the child's parents a detailed explanation of the differences between an IFSP and an IEP; and (ii) If the parents choose an IFSP, obtain written informed consent from the parents. 

(d) Effective date for new requirements.
All IEPs developed, reviewed, or revised on or after July 1, 1998 must meet the requirements of Secs. 300.340-300.350. (Authority: 20 U.S.C. 1414(d)(2)(A) and (B), Pub. L. 105-17, sec. 201(a)(2)(A), (C)

Sec. 300.343 IEP meetings.

(a) General.
Each public agency is responsible for 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), an IFSP). 

(b) Initial IEPs; provision of services.
(1) Each public agency shall ensure that within a reasonable period of time following the agency's receipt of parent consent to an initial evaluation of a child-- (i) The child is evaluated; and (ii) If determined eligible under this part, special education and related services are made available to the child in accordance with an IEP. 
(2) In meeting the requirement in paragraph (b)(1) of this section, a meeting to develop an IEP for the child must be conducted within 30- days of a determination that the child needs special education and related services. 

(c) Review and revision of IEPs.
Each public agency shall ensure that the IEP team-
(1) Reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and 
(2) Revises the IEP as appropriate to address—
(i) Any lack of expected progress toward the annual goals described in Sec. 300.347(a), and in the general curriculum, if appropriate; 
(ii) The results of any reevaluation conducted under Sec. 300.536; 
(iii) Information about the child provided to, or by, the parents, as described in Sec. 300.533(a)(1); 
(iv) The child's anticipated needs; or 
(v) Other matters. (Authority: 20 U.S.C. 1413(a)(1), 1414(d)(4)(A))

Sec. 300.344 IEP team.

(a) General. 
The public agency shall ensure that 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, or may be, participating in the regular education environment); 
(3) At least one special education teacher of the child, or if appropriate, at least one special education provider of the child; 
(4) A representative of the public agency who—
(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; 
(ii) Is knowledgeable about the general curriculum; and 
(iii) Is knowledgeable about the availability of resources of the public agency; 
(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (6) of this section; 
(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and 
(7) If appropriate, the child. 

(b) Transition services participants.
(1) Under paragraph (a)(7) of this section, the public agency shall invite a student with a disability of any age to attend his or her IEP meeting if a purpose of the meeting will be the consideration of—
(i) The student's transition services needs under Sec. 300.347(b)(1); 
(ii) The needed transition services for the student under Sec. 300.347(b)(2); or (iii) Both. 
(2) If the student does not attend the IEP meeting, the public agency shall take other steps to ensure that the student's preferences and interests are considered. 
(3)(i) In implementing the requirements of Sec. 300.347(b)(2), the public agency also shall invite a representative of any other agency that is likely to be responsible for providing or paying for transition services. 
(ii) If an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain participation of the other agency in the planning of any transition services. 

(c) Determination of knowledge and special expertise.
The determination of the knowledge or special expertise of any individual described in paragraph (a)(6) of this section shall be made by the party (parents or public agency) who invited the individual to be a member of the IEP. 

(d) Designating a public agency representative.
A public agency may designate another public agency member of the IEP team to also serve as the agency representative, if the criteria in paragraph (a)(4) of this section are satisfied. (Authority: 20 U.S.C. 1401(30), 1414(d)(1)(A)(7), (B))

Sec. 300.345 Parent participation.

(a) Public agency responsibility--general. 
Each 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 the opportunity to participate, including—
(1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and 
(2) Scheduling the meeting at a mutually agreed on time and place. 

(b) Information provided to parents. 
(1) The notice required under paragraph (a)(1) of this section must—
(i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and 
(ii) Inform the parents of the provisions in Sec. 300.344(a)(6) and (c) (relating to the participation of other individuals on the IEP team who have knowledge or special expertise about the child). 
(2) For a student with a disability beginning at age 14, or younger, if appropriate, the notice must also—
(i) Indicate that a purpose of the meeting will be the development of a statement of the transition services needs of the student required in Sec. 300.347(b)(1); and 
(ii) Indicate that the agency will invite the student. 
(3) For a student with a disability beginning at age 16, or younger, if appropriate, the notice must—
(i) Indicate that a purpose of the meeting is the consideration of needed transition services for the student required in Sec. 300.347(b)(2); 
(ii) Indicate that the agency will invite the student; and (iii) Identify any other agency that will be invited to send a representative. 

(c) Other methods to ensure parent participation.
If neither parent can attend, the public agency shall use other methods to ensure parent participation, including individual or conference telephone calls. 

(d) Conducting an IEP meeting without a parent in attendance.
A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case the public agency must have a record of its attempts to arrange a mutually agreed on time and place, such as—
(1) Detailed records of telephone calls made or attempted and the results of those calls; 
(2) Copies of correspondence sent to the parents and any responses received; and 
(3) Detailed records of visits made to the parent's home or place of employment and the results of those visits. 

(e) Use of interpreters or other action, as appropriate.
The public agency shall take whatever action is necessary to ensure that the parent understands the proceedings at the IEP meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English. 

(f) Parent copy of child's IEP. 
The public agency shall give the parent a copy of the child's IEP at no cost to the parent. (Authority: 20 U.S.C. 1414(d)(1)(B)(i))

Sec. 300.346 Development, review, and revision of IEP.

(a) Development of 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 education of their child; 
(ii) The results of the initial or most recent evaluation of the child; and 
(iii) As appropriate, the results of the child's performance on any general State or district-wide assessment programs. 
(2) Consideration of special factors. The IEP team also shall—
(i) In the case of a child whose behavior impedes his or her learning or that of others, consider, if appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior; 
(ii) In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP; 
(iii) In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child; 
(iv) Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and 
(v) Consider whether the child requires assistive technology devices and services. 

(b) Review and Revision of IEP. 
In conducting a meeting to review, and, if appropriate, revise a child's IEP, the IEP team shall consider the factors described in paragraph (a) of this section. 

(c) Statement in IEP. 
If, in considering the special factors described in paragraphs (a)(1) and (2) of this section, the IEP team determines that a child needs a particular device or service (including an intervention, accommodation, or other program modification) in order for the child to receive FAPE, the IEP team must include a statement to that effect in the child's IEP. 

(d) Requirement with respect to regular education teacher.
The regular education teacher of a child with a disability, as a member of the IEP team, must, to the extent appropriate, participate in the development, review, and revision of the child's IEP, including assisting in the determination of—
(1) Appropriate positive behavioral interventions and strategies for the child; and 
(2) Supplementary aids and services, program modifications or supports for school personnel that will be provided for the child, consistent with Sec. 300.347(a)(3). 

(e) Construction. Nothing in this section shall be construed to require the IEP team to include information under one component of a child's IEP that is already contained under another component of the child's IEP. (Authority: 20 U.S.C. 1414(d)(3) and (4)(B) and (e))

Sec. 300.347 Content of IEP.
(a) General. 
The IEP for each child with 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 child's involvement and progress in the general curriculum (i.e., the same curriculum as for nondisabled children); or 
(ii) For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; 
(2) A statement of measurable annual goals, including benchmarks or short-term objectives, related to—
(i) Meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum (i.e., the same curriculum as for nondisabled children), or for preschool children, as appropriate, to participate in appropriate activities; and 
(ii) Meeting each of the child's other educational needs that result from the child's disability; 
(3) A statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child—
(i) To advance appropriately toward attaining the annual goals; 
(ii) To be involved and progress in the general curriculum in accordance with paragraph (a)(1) of this section and to participate in extracurricular and other nonacademic activities; and 
(iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section; 
(4) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(3) of this section; 
(5)(i) A statement of any individual modifications in the administration of State or district-wide assessments of student achievement that are needed in order for the child to participate in the assessment; and 
(ii) If the IEP team determines that the child will not participate in a particular State or district-wide assessment of student achievement (or part of an assessment), a statement of-- (A) Why that assessment is not appropriate for the child; and (B) How the child will be assessed;
(6) The projected date for the beginning of the services and modifications described in paragraph (a)(3) of this section, and the anticipated frequency, location, and duration of those services and modifications; and 
(7) A statement of—
(i) How the child's progress toward the annual goals described in paragraph (a)(2) of this section will be measured; and 
(ii) How the child's parents will be regularly informed (through such means as periodic report cards), at least as often as parents are informed of their nondisabled children's progress, of-- (A) Their child's progress toward the annual goals; and (B) The extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year. 

(b) Transition services.
The IEP must include-
(1) For each student with a disability beginning at age 14 (or younger, if determined appropriate by the IEP team), and updated annually, a statement of the transition service needs of the student under the applicable components of the student's IEP that focuses on the student's courses of study (such as participation in advanced- placement courses or a vocational education program); and 
(2) For each student beginning at age 16 (or younger, if determined appropriate by the IEP team), a statement of needed transition services for the student, including, if appropriate, a statement of the interagency responsibilities or any needed linkages. 

(c) Transfer of rights.
In a State that transfers rights at the age majority, beginning at least one year before a student reaches the age of majority under State law, the student's IEP must include a statement that the student has been informed of his or her rights under Part B of the Act, if any, that will transfer to the student on reaching the age of majority, consistent with Sec. 300.517. 

(d) Students with disabilities convicted as adults and incarcerated in adult prisons. Special rules concerning the content of IEPs for students with disabilities convicted as adults and incarcerated in adult prisons are contained in Sec. 300.311(b) and (c). (Authority: 20 U.S.C. 1414(d)(1)(A) and (d)(6)(A)(ii))

Sec. 300.348 Agency responsibilities for transition services.

(a) If 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 shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the student set out in the IEP. 

(b) Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency. (Authority: 20 U.S.C. 1414(d)(5); 1414(d)(1)(A)(vii))

Sec. 300.349 Private school placements by public agencies.

(a) Developing IEPs. 
(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 develop an IEP for the child in accordance with Secs. 300.346 and 300.347. 
(2) The agency shall ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency shall use other methods to ensure participation by the private school or facility, including individual or conference telephone calls. 

(b) Reviewing and revising IEPs. 
(1) After a child with a disability enters a private school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the public agency. 
(2) If the private school or facility initiates and conducts these meetings, the public agency shall ensure that the parents and an agency representative-- 
(i) Are involved in any decision about the child's IEP; and 
(ii) Agree to any proposed changes in the IEP before those changes are implemented. 

(c) Responsibility. 
Even if a private school or facility implements a child's IEP, responsibility for compliance with this part remains with the public agency and the SEA. (Authority: 20 U.S.C. 1412(a)(10)(B))

Sec. 300.350 IEP--accountability.

(a) Provision of services. 
Subject 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 IEP; and 
(2) Make a good faith effort to assist the child to achieve the goals and objectives or benchmarks listed in the IEP. 

(b) Accountability. Part B of the Act does not require that any agency, teacher, or other person be held accountable if a child does not achieve the growth projected in the annual goals and benchmarks or objectives. However, the Act does not prohibit a State or public agency from establishing its own accountability systems regarding teacher, school, or agency performance. 

(c) Construction--parent rights. Nothing in this section limits a parent's right to ask for revisions of the child's IEP or to invoke due process procedures if the parent feels that the efforts required in paragraph (a) of this section are not being made. (Authority: 20 U.S.C. 1414(d)); Cong. Rec. at H7152 (daily ed., July 21, 1975))

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Direct Services by the SEA 

Sec. 300.360 Use of LEA allocation for direct services.

(a) General. 
An 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 with disabilities residing in the area served by that local agency, or for whom that State agency is responsible, if the SEA determines that the LEA or State agency—
(1) Has not provided the information needed to establish the eligibility of the agency under Part B of the Act; 
(2) Is unable to establish and maintain programs of FAPE that meet the requirements of this part; 
(3) Is unable or unwilling to be consolidated with one or more LEAs in order to establish and maintain the programs; or 
(4) Has one or more children with disabilities who can best be served by a regional or State program or service-delivery system designed to meet the needs of these children. 

(b) SEA responsibility if an LEA does not apply for Part B funds. 
(1) If an LEA elects not to apply for its Part B allotment, the SEA must use those funds to ensure that FAPE is available to all eligible children residing in the jurisdiction of the LEA. 
(2)(i) If the local allotment is not sufficient to meet the purpose described in paragraph (b)(1) of this section, the SEA must ensure compliance with Secs. 300.121(a) and 300.300(a). 
(ii) Consistent with Sec. 300.301(a), the [State; SEA] may use whatever funding sources are available in the State to implement paragraph (b)(2)(i) of this section. 

(c) SEA administrative procedures.
(1) In meeting the requirements in paragraph (a) of this section, the SEA may provide special education and related services directly, by contract, or through other arrangements. 
(2) The excess cost requirements of Secs. 300.184 and 300.185 do not apply to the SEA. (Authority: 20 U.S.C. 1413(h)(1))

Sec. 300.361 Nature and location of services.

The SEA may provide special 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 in which the education and services are provided must be consistent with the requirements of this part (including the LRE provisions of Secs. 300.550-300.556). (Authority: 20 U.S.C. 1413(h)(2))

Secs. 300.362-300.369 [Reserved]

Sec. 300.370 Use of SEA allocations.

(a) Each State shall use any 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 technical assistance and personnel development and training. 
(2) Administrative costs of monitoring and complaint investigation, but only to the extent that those costs exceed the costs incurred for those activities during fiscal year 1985. 
(3) To establish and implement the mediation process required by Sec. 300.506, including providing for the costs of mediators and support personnel. 
(4) To assist LEAs in meeting personnel shortages. 
(5) To develop a State Improvement Plan under subpart 1 of Part D of the Act. 
(6) Activities at the State and local levels to meet the performance goals established by the State under Sec. 300.137 and to support implementation of the State Improvement Plan under subpart 1 of Part D of the Act if the State receives funds under that subpart. 
(7) To supplement other amounts used to develop and implement a Statewide coordinated services system designed to improve results for children and families, including children with disabilities and their families, but not to exceed one percent of the amount received by the State under section 611 of the Act. This system must be coordinated with and, to the extent appropriate, build on the system of coordinated services developed by the State under Part C of the Act. 
(8) For subgrants to LEAs for the purposes described in Sec. 300.622 (local capacity building). 

(b) For the purposes of paragraph (a) of this section—
(1) Direct services means services provided to a child with a disability by the State directly, by contract, or through other arrangements; and 
(2) Support services includes implementing the comprehensive system of personnel development under Secs. 300.380-300.382, recruitment and training of mediators, hearing officers, and surrogate parents, and public information and parent training activities relating to FAPE for children with disabilities. 

(c) Of the funds an SEA retains under paragraph (a) of this section, the SEA may use the funds directly, or distribute them to LEAs on a competitive, targeted, or formula basis. (Authority: 20 U.S.C. 1411(f)(3))

Sec. 300.371 [Reserved]

Sec. 300.372 Nonapplicability of requirements that prohibit commingling and supplanting of 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 
(b) The prohibition on supplanting other funds in Sec. 300.153. (Authority: 20 U.S.C. 1411(f)(1)(C))

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Comprehensive System of Personnel Development (CSPD)

Sec. 300.380 General CSPD requirements.

(a) Each State shall develop 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) Is designed to ensure an adequate supply of qualified special education, regular education, and related services personnel; 
(3) Meets the requirements of Secs. 300.381 and 300.382; and (4) Is updated at least every five years. 

(b) A State that has a State improvement grant has met the requirements of paragraph (a) of this section. (Authority: 20 U.S.C. 1412(a)(14))

Sec. 300.381 Adequate supply of qualified personnel.

Each State must include, 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) The number of personnel providing special education and related services; and 
(b) Relevant information on current and anticipated personnel vacancies and shortages (including the number of individuals described in paragraph (a) of this section with temporary certification), and on the extent of certification or retraining necessary to eliminate these shortages, that is based, to the maximum extent possible, on existing assessments of personnel needs. (Authority: 20 U.S.C. 1453(b)(2)(B))

Sec. 300.382 Improvement strategies.

Each State must describe the 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 and pre-service preparation to ensure that all personnel who work with children with disabilities (including both professional and paraprofessional personnel who provide special education, general education, related services, or early intervention services) have the skills and knowledge necessary to meet the needs of children with disabilities. The plan must include a description of how the State will—

(a) Prepare general and special education personnel with the content knowledge and collaborative skills needed to meet the needs of children with disabilities including how the State will work with other States on common certification criteria; 

(b) Prepare professionals and paraprofessionals in the area of early intervention with the content knowledge and collaborative skills needed to meet the needs of infants and toddlers with disabilities; 

(c) Work with institutions of higher education and other entities that (on both a pre-service and an in-service basis) prepare personnel who work with children with disabilities to ensure that those institutions and entities develop the capacity to support quality professional development programs that meet State and local needs; 

(d) Work to develop collaborative agreements with other States for the joint support and development of programs to prepare personnel for which there is not sufficient demand within a single State to justify support or development of a program of preparation; 

(e) Work in collaboration with other States, particularly neighboring States, to address the lack of uniformity and reciprocity in credentialing of teachers and other personnel; 

(f) Enhance the ability of teachers and others to use strategies, such as behavioral interventions, to address the conduct of children with disabilities that impedes the learning of children with disabilities and others; 

(g) Acquire and disseminate, to teachers, administrators, school board members, and related services personnel, significant knowledge derived from educational research and other sources, and how the State will, if appropriate, adopt promising practices, materials, and technology; 

(h) Recruit, prepare, and retain qualified personnel, including personnel with disabilities and personnel from groups that are under- represented in the fields of regular education, special education, and related services; 

(i) Insure that the plan is integrated, to the maximum extent possible, with other professional development plans and activities, including plans and activities developed and carried out under other Federal and State laws that address personnel recruitment and training; and 

(j) Provide for the joint training of parents and special education, related services, and general education personnel. (Authority: 20 U.S.C. 1453 (c)(3)(D))

Secs. 300.383-300.387 [Reserved]

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