Subpart F of the Part B Regulations: Monitoring and Enforcement

e-CFR Data is current as of September 24, 2010 Available online at GPO Access Title 34: Education PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES -------------------------------------------------------------------------------- Subpart F—Monitoring, Enforcement, Confidentiality, and Program Information Monitoring, Technical Assistance, and Enforcement § 300.600   State monitoring and enforcement. § 300.601   … [Read more...]

Subpart G of the Part B Regulations: Use of Funds

e-CFR Data is current as of September 24, 2010 Available online at GPO Access Title 34: Education PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES -------------------------------------------------------------------------------- Subpart G—Authorization, Allotment, Use of Funds, and Authorization of Appropriations Allotments, Grants, and Use of Funds § 300.700   Grants to States. § 300.701   Outlying … [Read more...]

Subpart H of the Part B Regulations: Preschool Grants

e-CFR Data is current as of September 24, 2010 Available online at GPO Access Title 34: Education PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES -------------------------------------------------------------------------------- Subpart H—Preschool Grants for Children with Disabilities § 300.800   In general. §§ 300.801-300.802   [Reserved] § 300.803   Definition of State. § 300.804   Eligibility. § … [Read more...]

IDEA’s Definition of “Highly Qualified”

Updated October 2010 Special education teachers must now be highly qualified, says the 2004 reauthorization of IDEA, which has modeled its new HQT requirements on those found in its sister general education law, No Child Left Behind (NCLB). To be considered a highly qualified special education teacher depends on what type of special educator a person is. Different meanings apply depending on whether the teacher is a “highly qualified” special … [Read more...]

Applying Discipline Rules to Students with Disabilities

October 2010 NICHCY is pleased to offer you three types of information about how discipline rules may be applied to students with disabilities who violate a code of conduct. These webpages are found in our section on Placement, under Children and Youth (3-22), with quick-links to them below. ________________________ Placement and School Discipline A not-so-brief overview of how disciplinary action at school can affect a student's placement. … [Read more...]

Right to Obtain an Independent Educational Evaluation

December 2010 In Spanish | En español If you, as a parent of a child with a disability, do not agree with the results of the individualized evaluation of your child, as conducted by the school system, you have the right to obtain what is known as an Independent Educational Evaluation, or an IEE (§300.502). This means that you may ask that a professional, competent evaluator who is not employed by the school system conduct another evaluation of your … [Read more...]

Parental Consent

December 2010 In Spanish | En español One of parents' most important rights is the right to give (or not give) their consent for certain actions of the school system with respect to their child with a disability. This short page will explain this right in detail. Quick-Jump Links Definition of "consent" Making sure parents have the info they need When will the school ask for a parent's consent? What happens if I don't give … [Read more...]

2011 Part C regulations for early intervention!

On September 6, 2011, the U.S. Department of Education released the final regulations for the early intervention program under Part C of the Individuals with Disabilities Education Act (IDEA). These final regulations will help improve services and outcomes for America's infants and toddlers with disabilities and their families. To find the new regulations, download a copy, read them online, find training opportunities, and see the Model Form for the … [Read more...]

The Remedial Authority of Hearing and Review Officers Under the Individuals with Disabilities Education Act: An Update

April 2012Read the article (PDF) About this ArticleThis article provides an update of a comprehensive review that the Administrative Law Review published five years ago, which synthesized the various sources of law specific to the remedial authority of hearing/review officers (H/ROs) under the Individuals with Disabilities Education Act (IDEA).  The publisher of the Administrative Law Review, which contained the original version, provided permission … [Read more...]

Impartial Hearings Under the IDEA: Legal Issues and Answers

April 2012Read the article (PDF)About This ArticleThis updated Question-and-Answer document is specific to impartial hearing officers (IHOs) and the impartial hearings that they conduct under the Individuals with Disabilities Education Act (IDEA). It does not cover the IHO’s remedial authority, which is the subject of separate comprehensive coverage. The sources are limited to the pertinent IDEA legislation and regulations, court decisions and the … [Read more...]

NOTICE: The National Dissemination Center for Children with Disabilities (NICHCY) is no longer in operation. Our funding from the U.S. Department of Education’s Office of Special Education Programs (OSEP) ended on September 30, 2013. Our website and all its free resources will remain available until September 30, 2014.