10/22/97: Assistance to States for the Education of Children WithDisabilities, Preschool Grants for Children With Disabilities, and Early Intervention Program for Infants and Toddlers With Disabilities(3 of 3) [OSERS]

[Federal Register: October 22, 1997 (Proposed Rules)]
[Page 55126-55135]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc97-23]

[[pp. 55126-55135]] Assistance to States for the Education of Children With
Disabilities, Preschool Grants for Children With Disabilities, and
Early Intervention Program for Infants and Toddlers With Disabilities

[[Continued from page 55125]]

[[Page 55126]]

prior written notice of the agency's proposals or refusals, or both,
regarding the child's educational program and placement, and the
parents have the right to seek resolution of any disagreements
through mediation or other informal means, or by initiating an
impartial due process hearing. Every effort should be made to
resolve differences between parents and school staff through
voluntary mediation or some other informal step, without resort to a
due process hearing. However, mediation or other informal procedures
may not be used to deny or delay a parent's right to a due process
hearing.
10. Does Part B require that public agencies inform parents
regarding the educational progress of their children with
disabilities?
Yes, the Part B statute and regulations include a number of
provisions to help ensure that parents are involved in decisions
regarding, and informed about, their child's educational progress,
including the child's progress in the general curriculum. First, the
parents will be informed regarding their child's present levels of
educational performance through the development of the IEP. Section
300.347(a)(1) requires that each IEP include:

* * * 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; or (ii)
for preschool children, as appropriate, how the disability affects
the child's participation in appropriate activities * * *

Further, Sec. 300.347(a)(7) sets forth requirements for
regularly informing parents about their child's educational
progress. That section requires that the IEP include:

* * * a statement of--(i) How the child's progress toward the annual
goals * * * will be measured; and (ii) how the child's parents will
be regularly informed (by such means as periodic report cards), at
least as often as parents of nondisabled children are informed, 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.

Finally, the parents will, as part of the IEP team, participate,
at least once every 12 months, in a review of their child's
educational progress. Part B requires that a public agency initiate
and conduct a meeting, at which 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 * * * and
in the general curriculum, if appropriate; (ii) The results of any
reevaluation * * * ; (iii) Information about the child provided to,
or by, the parents * * * ; (iv) The child's anticipated needs; or
(v) Other matters.

III. Preparing Students With Disabilities for Employment and Other
Post-School Experiences

One of the primary purposes of the IDEA is to ``* * * ensure
that all children with disabilities have available to them a free
appropriate public education that emphasizes special education and
related services designed to meet their unique needs and prepare
them for employment and independent living * * *'' (Sec. 300.1(a)).
Similarly, one of the key purposes of the IDEA Amendments of
1997 was to ``promote improved educational results for children with
disabilities through early intervention, preschool, and educational
experiences that prepare them for later educational challenges and
employment.'' (House Report No. 105-95, p. 82 (1997).) Thus,
throughout their preschool, elementary, and secondary education, the
IEP for each child with a disability must, to the extent appropriate
for the individual child, focus on providing instruction and
experiences that enable the child to prepare himself or herself for
later educational experiences and for post-school activities,
including formal education, if appropriate, employment, and
independent living.
Although preparation for adult life is, as explained, a key
component of a free appropriate public education throughout a
child's educational experiences, Part B sets forth specific
requirements for transition from secondary education to post-school
activities, which must be implemented no later than age 14 and 16,
respectively, which require an intensified focus on that preparation
as students with disabilities begin and prepare to complete their
secondary education.
11. What must the IEP team do to meet the requirements that the
IEP include ``a statement of * * * transition service needs''
beginning at age 14 (Sec. 300.347(b)(1)(i)),'' and a statement of
needed transition services'' no later than age 16
(Sec. 300.347(b)(1)(ii))?
Section 300.347(b)(1) requires that, beginning no later than age
14, each student's IEP include specific transition-related content,
and, beginning no later than age 16, a statement of needed
transition services:
Beginning at age 14, each student's IEP must include ``* * * a
statement of the transition service needs of the child under the
applicable components of the child's IEP that focuses on the child's
courses of study (such as participation in advanced-placement
courses or a vocational education program)''
(Sec. 300.347(b)(1)(i)).
No later than age 16 (and younger, if determined appropriate by
the IEP Team), each student's IEP must include ``a statement of
needed transition services for the child, including, if appropriate,
a statement of the interagency responsibilities or any needed
linkages * * *'' (Sec. 300.347(b)(1)(ii)).
The House Report on the IDEA Amendments of 1997 makes clear that
the requirement added to the statute in 1997 that beginning at age
14, or younger if appropriate, the IEP include ``a statement of the
transition service needs'' is ``* * * designed to augment, and not
replace,'' the separate, preexisting requirement that the IEP
include, ``* * * beginning at age 16 (or younger, if determined
appropriate by the IEP Team), a statement of needed transition
services * * *'' (House Report No. 105-95, p. 102 (1997).) As
clarified by the Report, ``The purpose of [the requirement in
Sec. 300.347(b)(1)(i)] is to focus attention on how the child's
educational program can be planned to help the child make a
successful transition to his or her goals for life after secondary
school.'' (House Report No. 105-95, pp. 101-102 (1997).) The report
further explains that ``[F]or example, for a child whose transition
goal is a job, a transition service could be teaching the child how
to get to the job site on public transportation.'' (House Report No.
105-95, p-102 (1997).) Thus, beginning at age 14, the IEP team, in
determining appropriate measurable annual goals (including
benchmarks or short-term objectives) and services for a student,
must determine what instruction and educational experiences will
assist the student to prepare for transition from secondary
education to post-secondary life. The statement of transition
service needs should relate directly to the student's goals beyond
secondary education, and show how planned studies are linked to
these goals. For example, a student interested in exploring a career
in computer science may have a statement of transition service needs
connected to technology course work, while another student's
statement of transition needs could describe why public bus
transportation training is important for future independence in the
community. Though the focus of the transition planning process may
shift as the student approaches graduation, the IEP team must
discuss specific areas beginning at the age of 14 years and review
these areas annually.
This requirement is distinct from the requirement, at
Sec. 300.347(b)(1)(ii), that the IEP include:

* * * beginning at age 16 (or younger, if determined appropriate by
the IEP Team), a statement of needed transition services for the
child, including, if appropriate, a statement of the interagency
responsibilities or any needed linkages.

The term ``transition services'' is defined at Sec. 300.27 to
mean:

* * * a coordinated set of activities for a student with a
disability that--(a) Is designed within an outcome-oriented process,
that promotes movement from school to post-school activities,
including postsecondary education, vocational training, integrated
employment (including supported employment), continuing and adult
education, adult services, independent living, or community
participation; (b) Is based on the individual student's needs,
taking into account the student's preferences and interests; and (c)
Includes--(1) Instruction; (2) Related services; (3) Community
experiences; (4) The development of employment and other post-school
adult living objectives; and (5) If appropriate, acquisition of
daily living skills and functional vocational evaluation. (Section
Sec. 300.347(b)(2) provides, however, that, ``If the IEP team
determines that services are not needed in one or more of the areas
specified in Sec. 300.27((c)(1) through (4), the IEP must include a
statement to that effect and the basis upon which the determination
was made.)

Thus, while Sec. 300.347(b)(1)(i) requires that the IEP team
begin by age 14 to address the

[[Page 55127]]

student's need for instruction that will assist the student to
prepare for transition, Sec. 300.347(b)(2)(ii) requires that by age
16 the IEP include a ``coordinated set of activities * * *, designed
within an outcome-oriented process, that promotes movement from
school to post-school activities. * * *'' Section 300.344(b)(3)
further requires that, in implementing Sec. 300.347(b)(2)(ii),
public agencies invite (in addition to required participants for all
IEP meetings), must also invite a representative of any other agency
that is likely to be responsible for providing or paying for
transition services. Thus, Sec. 300.346(a)(7)(ii) requires a broader
focus on coordination of services across, and linkages between,
agencies beyond the SEA and LEA.
12. Must the IEP for each student with a disability, beginning
no later than age 16, include all ``needed transition services,'' as
identified by the IEP team and consistent with the definition at
Sec. 300.27, even if an agency other than the public agency will
provide those services? What is the public agency's responsibility
if another agency fails to provide agreed-upon transition services?
Section 300.347(b)(1)(ii) requires that the IEP for each child
with a disability, beginning no later than age 16, or younger if
determined appropriate by the IEP team, include all ``needed
transition services,'' as identified by the IEP team and consistent
with the definition at Sec. 300.27, regardless of whether the public
agency or some other agency will provide those services. Section
300.346(b)(1)(ii) specifically requires that the statement of needed
transition services include, ``* * * if appropriate, a statement of
the interagency responsibilities or any needed linkages.''
Further, the need to include in the IEP transition services to
be provided by agencies other than the public agency is contemplated
by Sec. 300.348(a), which specifies what the public agency must do
if another agency participating in the development of the statement
of needed transition services fails to provide a needed transition
service that it agreed to provide:

If a participating agency fails to provide agreed-upon transition
services contained in the IEP of a student with a disability, the
public agency responsible for the student's education shall, as soon
as possible, initiate a meeting for the purpose of identifying
alternative strategies to meet the transition objectives and, if
necessary, revising the student's IEP.

This requirement is consistent with the public agency's ultimate
responsibility to ensure that FAPE is available to each eligible
child with a disability (see Sec. 300.300). That responsibility
includes the planning and coordination of transition services
through the IEP. This inter-agency planning and coordination may be
supported through a variety of mechanisms, including memoranda of
understanding, interagency agreements, assignment of a transition
coordinator to work with other participating agencies, or the
establishment of guidelines to work with other agencies identified
as potential service providers. If an agreed-upon service by another
agency is not provided, the public agency responsible for the
student must exercise alternative strategies to meet the student's
needs. This requires that the public agency provide the services, or
convene an IEP meeting as soon as possible to identify alternative
strategies to meet the needs of the transition services needs of the
student, and to revise the IEP accordingly. Alternative strategies
might include the identification of another funding source, referral
to another agency, the public agency's identification of other
district-wide or community resources that it can use to meet the
student's identified need appropriately, or a combination of these
strategies. As emphasized by Sec. 300.348(b), however:

Nothing in [Part B] 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.

However, the fact that an agency other than the LEA does not
fulfill its responsibility does not relieve the LEA of its
responsibility to ensure that FAPE is available to each student with
a disability.

Note: See also Sec. 300.142(b)(2), which requires that if an
agency other than the LEA fails to provide or pay for a special
education or related service (which could include a transition
service), the LEA must provide or pay for the service, and may then
claim reimbursement from the agency that failed to provide or pay
for the service.

13. Under what circumstances must a public agency invite
representatives from other agencies to an IEP meeting at which a
child's need for transition services will be considered?
Section 300.344(c)(ii) requires that, ``In implementing the
requirements of [Sec. 300.347(b)(1)(ii) requiring a statement of
needed transition services], the public agency shall also invite a
representative of any other agency that is likely to be responsible
for providing or paying for transition services.'' To meet this
requirement, the public agency must establish and implement
appropriate procedures to ensure that it identifies all agencies
that are ``likely to be responsible for providing or paying for
transition services'' for each student addressed by
Sec. 300.347(b)(1)(ii), and invites each of those agencies to the
IEP meeting. If, during the course of an IEP meeting, the team
identifies additional agencies that are ``likely to be responsible
for providing or paying for transition services'' for the student,
the public agency must determine whether it is necessary to invite
those agencies to an additional IEP meeting in order to develop an
appropriate statement of needed transition services for the student.

IV. Other Questions Regarding the Development and Content of IEPS

14. For a child with a disability receiving special education
for the first time, when must an IEP be developed--before placement
or after placement?
Section 300.342(b)(1) requires that an IEP be ``in effect before
special education and related services are provided to a child.''
(Italics added.) The appropriate placement for a particular child
with a disability cannot be determined until after decisions have
been made about the child's needs and the services that the public
agency will provide to meet those needs. These decisions must be
made at the IEP meeting, and it would not be permissible first to
place the child and then develop the IEP. Therefore, the IEP must be
developed before placement. This requirement does not preclude
temporarily placing an eligible child with a disability in a program
as part of the evaluation process--before the IEP is finalized--to
assist a public agency in determining the appropriate placement for
the child. It is essential that the temporary placement not become
the final placement before the IEP is finalized. In order to ensure
that this does not happen, the State might consider requiring LEAs
to take the following actions:
a. Develop an interim IEP for the child that sets out the
specific conditions and timelines for the trial placement. (See
paragraph c.)
b. Ensure that the parents agree to the interim placement before
it is carried out, and that they are involved throughout the process
of developing, reviewing, and revising the child's IEP.
c. Set a specific timeline (e.g., 30 days) for completing the
evaluation, finalizing the IEP, and making judgments about the most
appropriate placement for the child.
d. Conduct an IEP meeting at the end of the trial period in
order to finalize the child's IEP.
15. Who is responsible for ensuring the development of IEPs for
children with disabilities served by a public agency other than an
LEA?
The answer as to which public agency has direct responsibility
for ensuring the development of IEPs for children with disabilities
served by a public agency other than an LEA will vary from State to
State, depending upon State law, policy, or practice. The SEA is
ultimately responsible for ensuring that all Part B requirements,
including the IEP requirements, are met for eligible children within
the State, including those children served by a public agency other
than an LEA. (See Sec. 300.600 regarding the SEA's general
supervisory responsibility for all education programs for children
with disabilities, with one exception. The Governor (or another
individual pursuant to State law) may, consistent with State law,
assign to any public agency in the State the responsibility of
ensuring that Part B requirements are met with respect to children
with disabilities who are convicted as adults under State law and
incarcerated in adult prisons.)
The SEA must ensure that every child with a disability in the
State has FAPE available, regardless of which State or local agency
is responsible for educating the child. (The only exception to this
responsibility is that, as noted, the SEA is not responsible for
ensuring that FAPE is made available to children with disabilities
who are convicted as adults under State law and incarcerated in
adult prisons, if the State has assigned that responsibility to a
public agency other than the SEA.) Although the SEA has flexibility
in deciding the best means to meet this obligation (e.g., through
interagency

[[Page 55128]]

agreements), the SEA must ensure that no eligible child with a
disability is denied FAPE due to jurisdictional disputes among
agencies.
When an LEA is responsible for the education of a child with a
disability, the LEA remains responsible for developing the child's
IEP, regardless of the public or private school setting into which
it places the child.
16. For a child placed out of State by an educational or non-
educational State or local agency, is the placing or receiving State
responsible for the child's IEP?
Regardless of the reason for the placement, the ``placing''
State is responsible for developing the child's IEP and ensuring
that it is implemented. The determination of the specific agency in
the placing State that is responsible for the child's IEP would be
based on State law, policy, or practice. However, the SEA in the
placing State is responsible for ensuring that the child has FAPE
available.
17. If a disabled child has been receiving special education
from one public agency and transfers to another public agency in the
same State, must the new public agency develop an IEP before the
child can be placed in a special education program?
If a child with a disability changes school districts in the
same State, the State and its public agencies have an ongoing
responsibility to ensure that the child receives FAPE, and the new
public agency is responsible for ensuring that the child receives
special education and related services in conformity with an IEP.
The new public agency must ensure that the child has an IEP in
effect before the agency can provide special education and related
services. The new public agency may meet this responsibility by
either adopting the IEP the former public agency developed for the
child or by developing a new IEP for the child. Before the child's
IEP is finalized, the new public agency may provide interim services
agreed upon by both the parents and the new public agency. If the
parents and the new public agency are unable to agree on an interim
IEP and placement, the new public agency must implement the old IEP
to the extent possible until a new IEP is developed and implemented.
In general, while the new public agency must conduct an IEP
meeting, it would not be necessary if: (1) A copy of the child's
current IEP is available; (2) the parents indicate that they are
satisfied with the current IEP; and (3) the new public agency
determines that the current IEP is appropriate and can be
implemented as written.
If the child's current IEP is not available, or if either the
new public agency or the parent believes that it is not appropriate,
the new public agency must conduct an IEP meeting within a short
time after the child enrolls in the new public agency (normally,
within one week).
18. What timelines apply to the development and implementation
of an initial IEP for a child with a disability?
Section 300.343(b) requires a public agency to: (1) Ensure that
an offer of services in accordance with an IEP is made to parents
within a reasonable period of time from the agency's receipt of
parent consent to an initial evaluation; and (2) in meeting that
timeline, conduct a meeting to develop the IEP within 30-calendar
days of a determination that the child needs special education and
related services. Section 300.342(b)(2) requires that an IEP be
implemented as soon as possible following the meeting in which the
IEP is developed.
19. Must a public agency hold separate meetings to determine a
child's eligibility for special education and related services,
develop the child's IEP, and determine the child's placement, or may
the agency meet all of these requirements in a single meeting?
A public agency may, after a child is determined by ``a team of
qualified professionals and the parent'' (see Sec. 300.534(a)(1)) to
be a child with a disability who needs special education services,
continue in the same meeting to develop an IEP for the child and to
determine the child's placement. However, the public agency must
ensure that it: (1) Meets all of the Part B requirements regarding
meetings to develop IEPs, including providing appropriate
notification to the parents, consistent with the requirements of
Sec. 300.345, and including the required team participants,
consistent with the requirements of Sec. 300.344; and (2) the
requirements of Sec. 300.533 regarding eligibility decisions.
20. How frequently must a public agency conduct meetings to
review, and if appropriate revise, the IEP for each child with a
disability?
A public agency must initiate and conduct meetings periodically,
but at least once every twelve months, to determine whether the
annual goals for the child are being achieved, and to revise the IEP
as appropriate to address: (a) Any lack of expected progress toward
the annual goals and in the general curriculum, if appropriate; (b)
the results of any reevaluation; (c) information about the child
provided to, or by, the parents; (d) the child's anticipated needs;
or (e) other matters (Sec. 300.343(c)).
A public agency must also ensure that an IEP is in effect for
each child at the beginning of each school year (Sec. 300.342(a)).
It may conduct IEP meetings at any time during the year. However, if
the agency conducts the IEP meeting prior to the beginning of the
next school year, it must ensure that the IEP contains the necessary
special education and related services and supplementary aids and
services to ensure that the student's IEP can be appropriately
implemented during the next school year. Otherwise, it would be
necessary for the public agency to conduct another IEP meeting.
Although the public agency is responsible for determining when
it is necessary to conduct an IEP meeting, the parents of a child
with a disability have the right to request an IEP meeting at any
time. For example, if the parents believe that the child is not
progressing satisfactorily or that there is a problem with the
child's current IEP, it would be appropriate for the parents to
request an IEP meeting. If a child's teachers feels that the child's
placement or IEP services are not appropriate to the child, the
teachers should follow agency procedures with respect to (1) calling
or meeting with the parents or (2) requesting the agency to hold
another IEP meeting to review the child's IEP. The legislative
history of Public Law 94-142 makes it clear that there should be as
many meetings a year as any one child may need (121 Cong. Rec.
S20428-29 (Nov. 19, 1975) (remarks of Senator Stafford)).
In general, if either a parent or a public agency believes that
a required component of the student's IEP should be changed, the
public agency must conduct an IEP meeting if it believes that the
question of whether the student's IEP needs to be revised to ensure
the provision of FAPE to the student is a matter that must be
considered by the IEP team. If a parent requests an IEP meeting
because the parent believes that a change in the provision of FAPE
to the child or the educational placement of the child, and the
agency refuses to convene an IEP meeting to determine whether such a
change is needed, the agency must provide written notice to the
parents of the refusal, including an explanation of why the agency
has determined that conducting the meeting is not necessary to
ensure the provision of FAPE to the student. Under Sec. 300.506(a),
the parents or agency may initiate a due process hearing at any time
regarding any proposal or refusal regarding the identification,
evaluation, or educational placement of the child, or the provision
of FAPE to the child.
21. May IEP meetings be audio or video-tape-recorded?
Part B does not address the use of audio or video recording
devices at IEP meetings, and no other Federal statute either
authorizes or prohibits the recording of an IEP meeting by either a
parent or a school official. Therefore, an SEA or public agency has
the option to require, prohibit, limit, or otherwise regulate the
use of recording devices at IEP meetings. If a public agency has a
policy prohibiting the use of these devices at IEP meetings, that
policy must provide for exceptions if they are necessary to ensure
that the parent understands the IEP or the IEP process or to
implement other parental rights guaranteed under Part B. Any
recording of an IEP meeting that is maintained by the public agency
is an ``education record,'' within the meaning of the Family
Educational Rights and Privacy Act (``FERPA''; 20 U.S.C. 1232g), and
would, therefore, be subject to the confidentiality requirements of
the regulations under both FERPA (34 CFR Part 99) and Part B
(Secs. 300.560-300.575).
Parents wishing to use audio or video recording devices at IEP
meetings should consult State or local policies for further
guidance.
22. Who can serve as the representative of the public agency at
an IEP meeting?
The IEP team must include a representative of the local
educational agency who: (a) Is qualified to provide, or supervise
the provision of, specially designed instruction to meet the unique
needs of children with disabilities; (b) is knowledgeable about the
general curriculum; and (c) is knowledgeable about the availability
of resources of the local educational agency (Sec. 300.344(a)(4)).
Each State or local agency may determine which specific staff member
will serve as the agency representative in a particular IEP meeting,
so long as the individual meets these

[[Page 55129]]

requirements. It is, however, important that the agency
representative have the authority to commit agency resources and be
able to ensure that whatever services are set out in the IEP will
actually be provided.

Note: IEP meetings for continuing placements may in some
instances be more routine than those for initial placements, and,
thus, may not require the participation of a key administrator.

23. For a child with a disability being considered for initial
placement in special education, which teacher or teachers should
attend the IEP meeting?
A child's IEP team must include at least one of the student's
regular education teachers (if the child is, or may be participating
in the regular education environment) and at least one special
education teacher, or, if appropriate, at least one of the child's
special education providers (Sec. 300.344(a)(2) and (3)). Each IEP
must include a statement of present levels of educational
performance, including a statement of how the child's disability
affects the child's involvement and progress in the general
curriculum (Sec. 300.347(a)(1)). The regular education teacher is a
required participant on the IEP team of a child who is, or may be,
participating in the regular educational environment, regardless of
the extent of that participation.
The child's special education teacher could be either (1) a
teacher qualified to provide special education in the child's area
of suspected disability, or (2) another special education provider
such as a speech pathologist, physical or occupational therapist,
etc., if the related service consists of specially designed
instruction and is considered special education under the applicable
State standard.

Note: Sometimes more than one meeting is necessary in order to
finalize a child's IEP. In this process, if the special education
teacher who will be working with the child is identified, it would
be useful to have that teacher participate in the meeting with the
parents and other members of the IEP team in finalizing the IEP. If
this is not possible, the agency should ensure that the teacher is
given a copy of the child's IEP as soon as possible after the IEP is
finalized and before the teacher begins working with the child.

24. If a child with a disability attends several regular
classes, must all of the child's regular education teachers attend
the IEP meeting?
No. The IEP team need not include more than one regular
education teacher of the child. If the participation of more than
one regular education teacher is considered by the agency or the
parents to be beneficial to the child's success in school (e.g., in
terms of enhancing the child's participation in the general
curriculum), it would be appropriate for them to attend the meeting.
25. For a child whose primary disability is a speech impairment,
may a public agency meet its responsibility under Sec. 300.344(a)(3)
to ensure that the IEP team includes ``at least one special
education teacher, or, if appropriate, at least one special
education provider of the child'' by including a speech-language
pathologist in the IEP team?
Yes, if speech is considered special education under State
standards. As with other children with disabilities, the IEP team
must also include at least one of the child's regular education
teachers if the child is, or may be, participating in the regular
education environment.
26. Do public agencies and parents have the option of bringing
any individual of their choice to a student's IEP meeting? Would it
be permissible for other individuals to attend IEP meetings at the
discretion of the parents or the agency?
The IEP team may, at the discretion of the parent or the agency,
include ``other individuals who have knowledge or special expertise
regarding the child * * * '' (Sec. 300.344(a)(6), italics added).
This is a change from prior law, which had provided, without
qualification, that parents or agencies could bring other
individuals to IEP meetings at the discretion of the parents or
agency. However, the legislative history of Public Law 94-142 made
it clear that attendance at IEP meetings should be limited to those
who have an intense interest in the child. (121 Cong. Rec. S10974
(June 18, 1975) (remarks of Sen. Randolph).)
Part B does not provide for the participation of individuals
such as representatives of teacher organizations or attorneys at IEP
meetings. For example, since a representative of a teacher
organization would be concerned with the interests of the teacher
rather than the interests of the child, and generally would not
possess knowledge or expertise regarding the child, it generally
would be inappropriate for such an official to attend an IEP
meeting. While either the parent or public agency may consider
inviting their attorneys to an IEP meeting, parents and public
agencies need to ensure that their attorneys possess knowledge and
expertise regarding the child to warrant their participation.
However, the participation of attorneys at IEP meetings should be
discouraged if their participation would have the potential for
creating an adversarial atmosphere which would not necessarily be in
the best interests of the child. Further, as provided in Section
615(i)(3)(D)(ii) of the Act, ``Attorneys'' fees may not be awarded
relating to any meeting of the IEP Team unless such meeting is
convened as a result of an administrative proceeding or judicial
action, or, at the discretion of the State, for a mediation * * *
conducted prior to the [request for a due process hearing].''
27. Must related services personnel attend IEP meetings?
Although Part B does not expressly require that the IEP team
include related services personnel as part of the IEP team
(Sec. 300.344(a)), it is appropriate for those persons to be
included if a particular related service is to be discussed as part
of the IEP meeting. Section 300.344(a)(6) provides that the IEP team
also includes ``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 * * *.''
(Italics added.)
Further, Sec. 300.344(a)(3) requires that the IEP team for each
child with a disability include ``at least one special education
teacher, or, if appropriate, at least one special education provider
of the child * * * '' This requirement can be met by the
participation of either (1) a special education teacher of the
child, or (2) another special education provider such as a speech
pathologist, physical or occupational therapist, etc., if the
related service consists of specially designed instruction and is
considered special education under the applicable State standard.
If a child with a disability has an identified need for related
services, it would be appropriate for the related services personnel
to attend the meeting or otherwise be involved in developing the
IEP. As explained in the House Report on the IDEA Amendments of
1997, ``Related services personnel should be included on the team
when a particular related service will be discussed at the request
of the child's parents or the school.'' (House Report 105-95, p. 103
(1997).) For example, if the child's evaluation indicates the need
for a specific related service (e.g., physical therapy, occupational
therapy, special transportation services, school social work
services, school health services, or counseling), the agency should
ensure that a qualified provider of that service either (1) attends
the IEP meeting, or (2) provides a written recommendation concerning
the nature, frequency, and amount of service to be provided to the
child. This written recommendation could be a part of the evaluation
report.
28. Must the public agency ensure that all services specified in
a child's IEP are provided?
Yes. The public agency must ensure that all services set forth
in the child's IEP are provided, consistent with the child's needs
as identified in the IEP. It may provide each of those services
directly, through its own staff resources; indirectly, by
contracting with another public or private agency; or through other
arrangements. In providing the services, the agency may use whatever
State, local, Federal, and private sources of support are available
for those purposes (see Sec. 300.301(a)), but the services must be
at no cost to the parents, and the public agency remains responsible
for ensuring that the IEP services are provided in a manner that
appropriately meets the student's needs as specified in the IEP. The
SEA and responsible public agency may not allow the failure of
another agency to provide services described in the child's IEP to
deny or delay the provision of FAPE to a child.
29. Is it permissible for an agency to have the IEP completed
before the IEP meeting begins?
No. Agency staff may come to an IEP meeting prepared with
evaluation findings and proposed recommendations regarding IEP
content, but the agency must make it clear to the parents at the
outset of the meeting that the services proposed by the agency are
only recommendations for review and discussion with the parents.
Agencies that use this approach must ensure that there is a full
discussion with the parents of the child's needs and the services to
be provided to meet those needs before the child's IEP is finalized.

[[Page 55130]]

30. Must a public agency include transportation in a child's IEP
as a related service?
A public agency must provide transportation as a related service
if it is required to assist the disabled child to benefit from
special education. (This includes transporting a preschool-aged
child to the site at which the public agency provides special
education and related services to the child, if that site is
different from the site at which the child receives other preschool
or daycare services.) In determining whether to include
transportation in a child's IEP, the IEP team must consider how the
child's disability affects the child's need for transportation,
including determining whether the child's disability prevents the
child from using the same transportation provided to nondisabled
children, or from getting to school in the same manner as
nondisabled children. The public agency must ensure that any
transportation service included in a child's IEP as a related
service is provided at public expense and at no cost to the parents,
and that the child's IEP describes the transportation arrangement.
Even if a child's IEP team determines that the child does not
require transportation as a related service, Section 504 of the
Rehabilitation Act of 1973 requires that the child receive the same
transportation provided to nondisabled children. If a public agency
transports nondisabled children, it must transport disabled children
under the same terms and conditions. However, if a child's IEP team
determines that a student does not need transportation as a related
service, and the public agency transports only those children whose
IEPs specify transportation as a related service, and does not
transport nondisabled children, the public agency would not be
required to provide transportation to a disabled child.
31. Must a public agency provide related services that are
required to assist a child with a disability to benefit from special
education, whether or not those services are included in the list of
related services in Sec. 300.16?
The Note following Sec. 300.16 clarifies that ``[T]he list of
related services is not exhaustive and may include other
developmental, corrective, or supportive services * * * ), if they
are required to assist a child with a disability to benefit from
special education.'' This could, depending upon the unique needs of
a child, include such services as nutritional services or service
coordination.
32. Must the IEP specify the amount of services or may it simply
list the services to be provided?
The amount of services to be provided must be stated in the IEP,
so that the level of the agency's commitment of resources will be
clear to parents and other IEP team members. The amount of time to
be committed to each of the various services to be provided must be
(1) appropriate to the specific service, and (2) stated in the IEP
in a manner that is clear to all who are involved in both the
development and implementation of the IEP.

Appendix--Distribution Table Showing Each Current Regulatory Section and the Corresponding Proposed Regulatory
Section \1\
[Note: Appendix will not be codified in the Code of Federal Regulations]
----------------------------------------------------------------------------------------------------------------
Current regulatory section current Comparable proposed regulatory section
section No. proposed section No. Subpart and section title
----------------------------------------------------------------------------------------------------------------
Subpart A--General

Purpose Applicability, and
Regulations That Apply to This
Program

300.1................................. 300.1................................. Purpose.
300.2................................. 300.2................................. Applicability to State, local,
and private agencies.
300.3................................. 300.3................................. Regulations that apply.

Definitions

300.4................................. 300.4................................. Act.
300.5................................. 300.5................................. Assistive technology device.
300.6................................. 300.6................................. Assistive technology service.
300.7................................. 300.7................................. Children with disabilities.
(Retitled ``Child with a
disability.'')
300.8................................. 300.11................................ Free appropriate public
education.
300.9................................. 300.13................................ Include.
300.10................................ 300.9................................. Intermediate educational unit.
(Replaced by new definition
from Pub. L. 105-17, entitled,
``Educational service
agency.'')
300.11................................ 300.17................................ Local educational agency.
300.12................................ 300.18................................ Native language.
300.13................................ 300.19................................ Parent.
300.14................................ 300.20................................ Public agency.
300.15................................ 300.21................................ Qualified.
300.16................................ 300.22................................ Related service.
300.17................................ 300.24................................ Special education.
300.18................................ 300.27................................ Transition services.

Subpart B--State Plans and [LEA]
Applications (Retitled ``State
and Local Eligibility'')

State Plans--General (Retitled
``State Eligibility--General'')

300.110............................... 300.110............................... Condition of assistance.
300.111............................... .................................... Contents of plans.
State Plans--Contents (Retitled
``State Eligibility--Specific
Conditions'')

300.121............................... 300.121............................... Right to a free appropriate
public education. (Retitled
``Free appropriate public
education'' (FAPE).
300.122............................... 300.122............................... Timelines and ages for free
appropriate public education.
(Retitled ``Exception to FAPE
for certain ages.'')
300.123............................... 300.123............................... Full educational opportunity
goal (FEOG).
300.124............................... ...................................... [Reserved].
300.125............................... 300.124............................... FEOG--Timetable.
300.126............................... ...................................... FEOG--Facilities, personnel, and
services.
300.127............................... ...................................... Priorities.
300.128............................... 300.125............................... Identification, location, and
evaluation of children with
disabilities.
300.129............................... 300.127............................... (Retitled ``child find.'')
Confidentiality of personally
identifiable information.

[[Page 55131]]

300.130............................... 300.128............................... Individualized education
programs.
300.131............................... 300.129............................... Procedural safeguards.
300.132............................... 300.130............................... Least restrictive environment.
300.133............................... 300.126............................... Protection in evaluation
procedures. (Retitled
``Procedures for evaluation and
determination of
eligibility.'')
300.134............................... 300.141............................... Responsibility of [SEA] for all
educational programs. (Retitled
``SEA Responsibility for
general supervision.'')
300.135............................... ...................................... [Reserved].
300.136............................... 300.143............................... Implementation procedures--SEA.
(Retitled ``SEA implementation
of procedural safeguards.'')
300.137............................... 300.148............................... Procedures for consulation.
(Retitled ``Public
participation.'')
300.138............................... 300.151............................... Other Federal programs.
300.139............................... 300.135............................... Comprehensive system of
personnel development.
300.140............................... 300.133............................... Private schools.
300.141............................... 300.145............................... Recovery of funds for
misclassified children.
300.142-143........................... ...................................... [Reserved].
300.144............................... 300.144............................... Hearing on application.
(Retitled ``Hearings relating
to LEA eligibility.'')
300.145............................... 300.152............................... Prohibition of commingling.
300.146............................... 300.137............................... Annual evaluation. (Replaced by
new section from P.L. 105-17,
entitled, ``Performance goals
and indicators.'')
300.147............................... 300.150............................... State advisory panel.
300.148............................... 300.155............................... Policies and procedures for use
of Part B funds.
300.149............................... 300.156............................... Description of use of Part B
funds. (Retitled ``Annual
description of use of Part B
funds.'')
300.150............................... 300.153............................... State-level nonsupplanting.
300.151............................... 300.147............................... Additional information if [SEA]
provides direct services.
300.152............................... 300.142............................... Interagency agreements.
(Retitled ``Methods of ensuring
services.'')
300.153............................... 300.136............................... Personnel standards.
300.154............................... 300.132............................... Transition of individuals from
Part H to Part B. (Retitled
``Transition of children from
Part C to preschool
programs.'')

LEA Applications--General
(Retitled ``LEA Eligibility--
General'')

300.180............................... 300.180............................... Submission of application.
(Retitled ``Condition of
assistance.'')
300.181............................... ...................................... [Reserved].
300.182............................... 300.184............................... The excess cost requirement.
(Retitled ``Excess cost
requirement.'')
300.183............................... 300.185............................... Meeting the excess cost
requirement.
300.184............................... ...................................... Excess costs--computation of
minimum amount.
300.185............................... ...................................... Computation of excess costs--
consolidated application.
300.186............................... ...................................... Excess costs--limitation on use
of Part B funds.
300.187-189........................... 300.186-189........................... [Reserved].
300.190............................... 300.190............................... Consolidated applications.
(Retitled ``Joint establishment
of eligibility.'')
300.191............................... 300.191............................... [Reserved].
300.192............................... 300.192............................... State regulation of consolidated
applications. (Retitled
``Requirements for establishing
eligibility.'')
300.193............................... 300.197............................... SEA approval; disapproval.
(Retitled ``LEA and State
agency compliance.'')
300.194............................... 300.197............................... Withholding. (Retitled ``LEA and
State agency compliance.'')

LEA Applications--Contents
(Retitled ``LEA Eligibility--
Specific Conditions'')

300.220............................... 300.220............................... Child identification.
(Incorporated into a new
requirement added by P.L. 105-
17, entitled, ``Consistency
with State policies.'')
300.221............................... 300.220............................... Confidentiality of personally
identififable information.
(Incorporated into a new
requirement added by P.L. 105-
17, entitled, ``Consistency
with State policies.'')
300.222............................... 300.220............................... Full educational opportunity
goal--timetable. (Incorporated
into a new requirement added by
P.L. 105-17, entitled,
``Consistency with State
policies.'')
300.223............................... ...................................... Facilities, personnel, and
services.
300.224............................... 300.221............................... Personnel development.
300.225............................... ...................................... Priorities.
300.226............................... ...................................... Parent involvement.
300.227............................... 300.220............................... Participation in regular
education programs.
(Incorporated into a new
requirement added by P.L. 105-
17, entitled, ``Consistency
with State policies.'')
300.228............................... ...................................... [Reserved].
300.229............................... 300.230............................... Excess cost. (Incorporated into
a new requirement added by P.L.
105-17, entitled, ``Use of
amounts.'')
300.230............................... 300.230............................... Nonsupplanting. (Amended by P.L.
105-17, and incorporated into a
new requirement, entitled,
``Use of amounts.'')
300.231............................... ...................................... Comparable services.
300.232-234........................... .................................... [Reserved].
300.235............................... 300.220............................... [IEPs]. (Incorporated into a new
requirement added by P.L. 105-
17, entitled, ``Consistency
with State policies.'')

[[Page 55132]]

300.236............................... .................................... [Reserved].
300.237............................... 300.220............................... Procedural safeguards.
(Incorporated into a new
requirement added by P.L. 105-
17, entitled, ``Consistency
with State policies.'')
300.238............................... .................................... Use of Part B funds.
300.239............................... .................................... [Reserved].
300.240............................... 300.240............................... Other requirements. (Comparable
to a provision added by P.L.
105-17, entitled, ``Information
for SEA.'')

Application From Secretary of
the Interior (Retitled
``Secretary of the Interior--
Eligibility'')

300.260............................... 300.260............................... Submission of application;
approval. (Retitled,
``Submission of information.'')
300.261............................... 300.261............................... Public participation.
300.262............................... 300.262............................... Use of Part B funds.
300.263............................... 300.267............................... Applicable regulations.

Public Participation

300.280............................... 300.280............................... Public hearings before adopting
a State plan. (Retitled
``Public hearings before
adopting State policies and
procedures.'')
300.281............................... 300.281............................... Notice.
300.282............................... 300.282............................... Opportunity to participate;
comment period.
300.283............................... 300.283............................... Review of public comments before
adopting plan. (Retitled
``Review public comments before
adopting policies and
procedures.'')
300.284............................... 300.284............................... Publication and availability of
approved plan. (Retitled
``Publication and availability
of approved policies and
procedures.'')

Subpart C--Services

Free Appropriate Public
Education

300.300............................... 300.300............................... Timelines for [FAPE]. (Retitled
``Provision of FAPE.'')
300.301............................... 300.301............................... FAPE--methods and payments.
300.302............................... 300.302............................... Residential placement.
300.303............................... 300.303............................... Proper functioning of hearing
aids.
300.304............................... 300.304............................... Full educational opportunity
goal.
300.305............................... 300.305............................... Program options.
300.306............................... 300.306............................... Nonacademic services.
300.307............................... 300.307............................... Physical education.
300.308............................... 300.308............................... Assistive technology.

Priorities in the Use of Part B
Funds

300.320............................... Definitions of ``first priority
children'' and ``second
priority children.''
300.321............................... ...................................... Priorities.
300.322............................... ...................................... [Reserved].
300.323............................... ...................................... Services to other children.
300.324............................... ...................................... Application of local educational
agency to use funds for the
second priority.

Individualized Education
Programs

300.340............................... 300.340............................... Definitions.
300.341............................... 300.341............................... State educational agency
responsibility.
300.342............................... 300.342............................... When individualized education
programs must be in effect.
300.343............................... 300.343............................... Meetings.
300.344............................... 300.344............................... Participants in meetings.
(Retitled ``IEP Team.'')
300.345............................... 300.345............................... Parent participant.
300.346............................... 300.347............................... Content of individualized
education program.
300.347............................... 300.348............................... Agency responsibilities for
transition services.
300.348............................... 300.349............................... Private school placements by
public agencies.
300.349............................... 300.350............................... Children with disabilities in
parochial or other private
schools. (Retitled ``Children
with disabilities in religious
affiliated or other private
schools.'')
300.350............................... 300.351............................... Individualized education
program--accountability.

oi0Direct Service by the Sea

300.360............................... 300.360............................... Use of [LEA] allocation for
direct services.
300.361............................... 300.361............................... Nature and location of services.
300.370............................... 300.370............................... Use of State agency allocations.
300.371............................... ...................................... State matching.
300.372............................... 300.372............................... Applicability of nonsupplanting
requirement.

oi0Comprehensive System of
Personnel Development

300.380............................... 300.380............................... General.
300.381............................... 300.381............................... Adequate supply of qualified
personnel.
300.382............................... ...................................... Personnel preparation and
continuing education.
300.383............................... ...................................... Data system on personnel and
personnel development.

[[Page 55133]]

300.384-387........................... 300.383-387........................... [Reserved].

Subpart D--Private Schools

Children with Disabilities in
Private Schools Placed or
Referred by Public Agencies

300.400............................... 300.400............................... Applicability of Secs. 300.400-
300.402.
300.401............................... 300.401............................... Responsibility of State
educational agency.
300.402............................... 300.402............................... Implementation by State
educational agency.
300.403............................... 300.403............................... Placement of children by
parents.

Children With Disabilities
Enrolled by Their Parents in
Private Schools

300.450............................... 300.450............................... Definition of ``private school
children with disabilities.''
300.451............................... 300.452............................... [SEA] responsibility. (Retired
``Basic requirement-
services'').
300.452............................... 300.453............................... [LEA] responsibility. (Revised
based on P.L. 105-17, and
retitled ``Expenditures.'')

Procedures for By-Pass

300.480............................... 300.480............................... By-pass--general.
300.481............................... 300.481............................... Provisions for services under a
by-pass.
300.482............................... 300.482............................... Notice of intent to implement a
by-pass.
300.483............................... 300.483............................... Request to show cause.
300.484............................... 300.484............................... Show cause hearing.
300.485............................... 300.485............................... Decision.
300.486............................... 300.486............................... Filing requirements.
300.487............................... 300.487............................... Judicial review.
Subpart E--Procedural Safeguards

Due Process Procedures for
Parents and Children

300.500............................... 3300.500.............................. Definitions of ``consent'',
``evaluation'', and
``personally identifiable''.
(Combined Secs. 300.500 and
300.501, and retitled ``General
responsibility of public
agencies; definitions.'')
300.501............................... 300.500............................... General responsibility of public
agencies. (Combined Secs.
300.500 and 300.501, and
retitled ``General
responsibility of public
agencies; definitions.'')
300.502............................... 300.501............................... Opportunity to examine records.
300.503............................... 300.502............................... Independent educational
evaluation.
300.504............................... 300.503............................... Prior notice; parent consent.
(Retitled ``Prior notice by the
public agency; content of
notice.'')
300.505............................... 300.503............................... Content of notice. (Retitled
``Prior notice by the public
agency; content of notice.'')
300.506............................... 300.507............................... Impartial due process hearing.
(Retitled ``Impartial due
process hearing; parent notice;
disclosure.'')
300.507............................... 300.508............................... Impartial hearing officer.
300.508............................... 300.509............................... Hearing rights.
300.509............................... 300.510............................... Hearing decision; appeal.
(Combined Secs. 300.509 and
300.510, and retitled
``Finality of decision; appeal;
impartial review.'')
300.510............................... 300.510............................... Administrative appeal; impartial
review. (Combined Secs.
300.509 and 300.510, and
retitled ``Finality of
decision; appeal; impartial
review.'')
300.511............................... 300.512............................... Civil action.
300.512............................... 300.511............................... Timeless and convenience of
hearings and reviews.
300.513............................... 300.514............................... Child's status during
proceedings.
300.514............................... 300.515............................... Surrogate parents.
300.515............................... 300.513............................... Attorneys' fees.

Protection in Evaluation
Procedures (Retitled
``Procedures for Evaluation and
Determination of Eligibility'')

300.530............................... 300.530............................... General.
300.531............................... 300.531............................... Preplacement evaluation.
(Retitled ``Initial
evaluation.'')
300.532............................... 300.532............................... Evaluation procedures.
300.533............................... 300.534-35............................ Placement procedures. (Replaced
by Sec. 300.534
(``Determination of
eligibility'') and Sec.
300.535 (``Procedures for
determining eligibility.'')
300.534............................... 300.536............................... Reevaluation.

Additional Procedures for
Evaluating Children With
Specific Learning Disabilities

300.540............................... 300.540............................... Additional team members.
300.541............................... 300.541............................... Criteria for determining the
existence of a specific
learning disability.
300.542............................... 300.542............................... Observation.
300.543............................... 300.543............................... Written report.

Least Restrictive Environment

300.550............................... 300.550............................... General.
300.551............................... 300.551............................... Continuum of alternative
placements.
300.552............................... 300.552............................... Placements.
300.553............................... 300.553............................... Nonacademic settings.
300.554............................... 300.554............................... Children in public or private
institutions.

[[Page 55134]]

300.555............................... 300.555............................... Technical assistance and
training activities.
300.556............................... 300.556............................... Monitoring activities.

Confidentially of Information

300.560............................... 300.560............................... Definitions.
300.561............................... 300.561............................... Notice to parents.
300.562............................... 300.562............................... Access rights.
300.563............................... 300.563............................... Record of access.
300.564............................... 300.564............................... Records on more than one child.
300.565............................... 300.565............................... List of types and location of
information.
300.566............................... 300.566............................... Fees.
300.567............................... 300.567............................... Amendment of records at parent's
request.
300.568............................... 300.568............................... Opportunity for a hearing.
300.569............................... 300.569............................... Result of hearing.
300.570............................... 300.570............................... Hearing procedures.
300.571............................... 300.571............................... Consent.
300.572............................... 300.572............................... Safeguards.
300.573............................... 300.573............................... Destruction of information.
300.574............................... 300.574............................... Children's rights.
300.575............................... 300.575............................... Enforcement.
300.576............................... 300.577............................... Department. (Retitled
``Department use of personally
identifiable information.'')

Department Procedures

300.580............................... ...................................... [Reserved].
300.581............................... 300.581............................... Disapproval of a State plan.
(Combined Secs. 300.581 and
300.582, and retitled ``Notice
and hearing before determining
that a State is not
eligible.'')
300.582............................... 300.581............................... Content of notice. (Combined
Secs. 300.581 and 300.582, and
retitled ``Notice and hearing
before determining that a State
is not eligible.'')
300.583............................... 300.582............................... Hearing Official or Panel.
300.584............................... 300.583............................... Hearing procedures.
300.585............................... 300.584............................... Initial decision; final
decision.
300.586............................... 300.585............................... Filing requirements.
300.587............................... 300.586............................... Judicial review.
300.588............................... ...................................... [Reserved].
300.589............................... 300.589............................... Waiver of requirement regarding
supplementing and supplanting
with Part B funds.

Subpart F--State Administration

General

300.600............................... 300.600............................... Responsibility for all
educational programs.
300.601............................... 300.601............................... Relation of Part B to other
Federal programs.

Use of Funds

300.620............................... 300.620............................... Federal funds for State
administration. (Retitled ``Use
of funds for State
administration.'')
300.621............................... 300.621............................... Allowable costs.

State Advisory Panel

300.650............................... 300.650............................... Establishment (Retitled
``Establishment of advisory
panels.'')
300.6651.............................. 300.651............................... Membership.
300.652............................... 300.652............................... Advisory panel functions.
300.653............................... 300.653............................... Advisory panel procedures.

State Complaint Procedures

300.660............................... 300.660............................... Adoption of State complaint
procedures.
300.661............................... 300.661............................... Minimum State complaint
procedures.
300.662............................... 300.662............................... Filing a complaint.

Subpart G--Allocation of Funds;
Reports

Allocations

300.700............................... 300.700............................... Special definition of the term
State.
300.701............................... 300.701............................... State entitlement; formula.
(Retitled ``Grants to
States.'')
300.702............................... 300.704............................... [Reserved].
300.703............................... 300.705............................... [Reserved].
300.704............................... 300.708............................... Hold harmless provision.
(Comparable, in part, to Sec.
300.708 (``Limitations'').
300.705............................... 300.710............................... Allocation for State in which by-
pass is implemented for private
school children with
disabilities.
300.706............................... 300.703............................... Within-State distribution:
Fiscal Year 1979 and after.
(Comparable, in part, to Sec.
300.703 (``Allocations to
States.''), which sets out the
formula added by Public Law 105-
17).
300.707............................... 300.711-712........................... Local educational agency
entitlement; formula. (Retitled
``Subgrants to local
educational agencies'')
(Retitled ``Allocation to local
educational agencies.'')

[[Page 55135]]

300.708............................... 300.714............................... Reallocation of [LEA] funds.
300.709............................... 300.715............................... Payments to the Secretary of the
Interior for the education of
Indian children.
300.710............................... 300.716............................... Payments to the Secretary of the
Interior for Indian tribes or
tribal organizations. (Retitled
``Payments for education and
services for Indian children
with disabilities aged 3
through 5.'')
300.711............................... 300.716............................... Entitlements to jurisdictions.
(Replaced by Secs. 300.717
(``Outlying areas and freely
associated States.'') and
300.718 (``Outlying area--
definition.'')

Reports

300.750............................... 300.750............................... Annual report of children
served--report requirement.
300.751............................... 300.751............................... Annual report of children
served--information required in
the report.
300.752............................... 300.752............................... Annual report of children
served--certification.
300.753............................... 300.753............................... Annual report of children
served--criteria for counting
children.
300.754............................... 300.754............................... Annual report of children
served--other responsibilities
of [SEA].
----------------------------------------------------------------------------------------------------------------
\1\ The purpose of this table is to assist each reader to find where a given section number in the current
regulations is located in this NPRM. The table does not include (1) any new regulatory provisions that have
been added as a result of the IDEA Amendments of 1997, or (2) any other new area on which the Secretary is
proposing to regulate.

[FR Doc. 97-28006 Filed 10-22-97; 8:45 am]
BILLING CODE 4000-01-P