Federal Regulations
IDEA 2004 - Code of Federal Regulations: 34 CFR 300
Title 34 Part B - Implementation of the Assistance for the Education of Children with Disabilities and Preschool Grants for Children with Disabilities
Chapter III, Part B, Subpart A: General
Definition - Child with a Disability: must have one of 13 qualifying conditions. § 300.8(a). Definitions of each disability located in § 300.8(c)
Definition - Parent Consent: consent is voluntary and may be revoked at anytime. § 300.9(c)(1). You do not have to consent to either an evaluation or to special education.
Definition - Free Appropriate Public Education Education: the right to free education for whatever is most suitable for the specific needs of your child § 300.17. This does not mean "best", but it must be "appropriate."
Definition - Related Services: additional support(s) required to help the student benefit from special education. Listed services and definitions located in § 300.34
Definition - Special Education: specially designed instruction at no cost to the parents to meet the unique needs of a child with a disability by adapting the content, methodology, or delivery of instruction. Primarily, this includes: instruction in the classroom/ home/ hospital/ institution/ other settings; physical education. § 300.39(a)
Chapter III, Part B, Subpart B: State Eligibility
Least Restrictive Environment (LRE): students should with disabilities should be learning alongside students without disabilities. § 300.114 In other words, students be taught in the most inclusive environments possible.
LRE School Placement - Factors: based on IEP and as close as possible to home. § 300.116(b).
The student should be educated in the school that the student would attend if he or she did not have a disability (unless a child’s IEP requires some other arrangement). § 300.116(c).
LRE must consider harmful effect on child or on the quality of services needed. § 300.116(e).
EX: if the child's IEP states that the student needs language match with a teacher, then this must be a key factor in school placement.Students should be learning alongside students without disabilities. § 300.116(e)
Chapter III, Part B, Subpart C: Local Educational Agency Eligibility
Your School is required to ensure all teachers/staff involved in your child's special education are prepared and qualified to meet your child's needs. § 300.207
Chapter III, Part B, Subpart D: Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
IEP Review Team: must include the parent(s) and if needed an interpreter who can interpret the instructional implications. If the student does not attend, the school must ensure that the student's preferences and interests are considered. § 300.321(a).
Parent Participation in Placement Decision: parents must be part of the group making the decision on placement. § 300.327 If a parent cannot be present during a decision meeting, parents can participate via an alternative method such as conference or video call. § 300.322(c)
Understanding the IEP Review: School must take whatever action is necessary to ensure the parent understands the IEP Team meeting (interpreter; other action as appropriate). § 300.321(e)
Special Factors - English Language Learners: IEP Team must consider the language needs of the student as it relates to the IEP § 300.324(a)(2)(ii) and communications needs (ex: direct communication with professional personnel and opportunities for direct instruction in the child's language § 300.324(a)(2)(iv)
IEP Reviews: must be at least annually. § 300.324(b)(1). The IEP Team must consider special factors (e.g. language communication) as part of the review. § 300.324(b)(2)
Chapter III, Part B, Subpart E: Procedural Safeguards Due Process Procedures for Parents and Children
Right to Obtain an Independent Evaluation: If parents disagree with the evaluation results, parents have the right to request an independent educational evaluation paid for by the school. This must go through a hearing to be approved that the results are inappropriate. If not approved for independent evaluation, a parent may still seek it but it will not be covered by the school. § 300.502
Note: seek an independent evaluation under Massachusetts law first. Any family who qualifies for free and reduced lunch must have an independent evaluation paid for by the district so long as it covers one or more of the same assessments that the district performed. This right lasts for 16 months from the date of the disputed evaluation. 603 CMR 28.04(5)(c)(6)
Prior Notice: The school must provide notice to the parent in a reasonable time BEFORE a meeting or other notification (e.g. refusal to evaluate). § 300.503(a). Native Language: must be provided to the parent written in the native language or other mode of communication if written is not appropriate. § 300.503(c)
Transfer of Parental Rights at Age 18: Unless deemed incompetent, all rights transfer to the student for educational decisions. § 300.520
Removal from School - Behavioral: student cannot be removed to another setting or through suspension for more than 10 consecutive days for each separate incident. § 300.530(b)(1). More than 10 days triggers a change in placement, or if there is a pattern/similarity to a series of school removals. § 300.536
Chapter III, Part B, Subpart F: Monitoring, Enforcement, Confidentiality, and Program Information
States are required to monitor schools using numbers to measure accurate implementation of special education Title 34. § 300.600(d).
This includes monitoring that FAPE is being implemented accurately, which includes all provisions in § 300.320 through § 300.324 (definition of FAPE § 300.317) and that special factors (e.g. language matching with a teacher) are considered in the IEP development (§ 300.324(a)(2)(iv)).
Noncompliance: when the state identifies a school/district to be in non-compliance, it must be corrected ASAP and no later than one year after notification. § 300.600
