IDEA - Legal Text

Definitions:

FAPE- Free Appropriate Public Education
IDEA- Individuals with Disabilities Education Act
IEE- Individual Education Evaluation
IEP- Individual Education Plan
LEA- Local educational agency
SEA- State educational agency
 

§300.403 Placement of children by parents if FAPE is at issue.

(Authority: 20 U.S.C. 1412(a)(10)(C))

Subpart E-Procedural Safeguards

Due Process Procedures for Parents and Children

 

§300.500 General responsibility of public agencies; definitions.

(Authority: 20 U.S.C. 1415(a))

 

§300.501 Opportunity to examine records; parent participation in meetings.

(Authority: 20 U.S.C. 1414(f), 1415(b)(1))

 

§300.502 Independent educational evaluation.

(Authority: 20 U.S.C. 1415(b)(1))

If the public agency decides to go for a hearing you can wait for the results of the hearing to obtain an order for the IEE (if the officer rules in your favor) or you can go ahead and get a private IEE done and pay for it up front. The new IEE can then be submitted as evidence in comparison to the public IEE. If the hearing office then rules in your favor the cost of the private IEE must be reimbursed to you. The private IEE must meet the public criteria.

 

§300.503 Prior notice by the public agency; content of notice.

(Authority: 20 U.S.C. 1415(b)(3), (4) and (c), 1414(b)(1))

 

§300.504 Procedural safeguards notice.

(Authority: 20 U.S.C. 1415(d))

 

§300.505 Parental consent.

(Authority: 20 U.S.C. 1415(b)(3); 1414(a)(1)(C) and (c)(3))

 

§300.506 Mediation.

(Authority: 20 U.S.C. 1415(e))

 

§300.507 Impartial due process hearing; parent notice.

(Authority: 20 U.S.C. 1415(b)(5), (b)(6), (b)(7), (b)(8), (e)(1) and (f)(1))

 

§300.508 Impartial hearing officer.

(Authority: 20 U.S.C. 1415(f)(3))

 

§300.509 Hearing rights.

(Authority: 20 U.S.C. 1415(f)(2)and (h))

 

§300.510 Finality of decision; appeal; impartial review.

(Authority: 20 U.S.C. 1415(g); H. R. Rep. No. 94-664, at p. 49 (1975))

 

§300.511 Timelines and convenience of hearings and reviews.

(Authority: 20 U.S.C. 1415)

 

§300.512 Civil action.

(Authority: 20 U.S.C. 1415(i)(2), (i)(3)(A), and 1415(l))

 

§300.513 Attorneys' fees.

(Authority: 20 U.S.C. 1415(i)(3)(B)-(G))

 

§300.514 Child's status during proceedings.

(Authority: 20 U.S.C. 1415(j))

 

§300.515 Surrogate parents.

(Authority: 20 U.S.C. 1415(b)(2))

 300.516

§300.516 [Reserved]

 

§300.517 Transfer of parental rights at age of majority.

(Authority: 20 U.S.C. 1415(m))

 

§300.518 [Reserved]

 

Discipline Procedures

§300.519 Change of placement for disciplinary removals.

For purposes of removals of a child with a disability from the child's current educational placement under §§300.520-300.529, a change of placement occurs if-

(Authority: 20 U.S.C. 1415(k))

 

§300.520 Authority of school personnel.

(Authority: 20 U.S.C. 1415(k)(1), (10))

 

§300.521 Authority of hearing officer.

A hearing officer under section 615 of the Act may order a change in the placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 days if the hearing officer, in an expedited due process hearing -

(Authority: 20 U.S.C. 1415(k)(2), (10))

 

§300.522 Determination of setting.

(Authority: 20 U.S.C. 1415(k)(3))

 

§300.523 Manifestation determination review.

(Authority: 20 U.S.C. 1415(k)(4))

 

§300.524 Determination that behavior was not manifestation of disability.

(Authority: 20 U.S.C. 1415(k)(5))

 

§300.525 Parent appeal.

(Authority: 20 U.S.C. 1415(k)(6))

 

§300.526 Placement during appeals.

(Authority: 20 U.S.C. 1415(k)(7))

 

§300.527 Protections for children not yet eligible for special education and related services.

(Authority: 20 U.S.C. 1415(k)(8))

 

§300.528 Expedited due process hearings.

(Authority: 20 U.S.C. 1415(k)(2), (6), (7))

 

§300.529 Referral to and action by law enforcement and judicial authorities.

(Authority: 20 U.S.C. 1415(k)(9))

Confidentiality Of Information

 

§300.560 Definitions.

As used in §§300.560-300.577-

(Authority: 20 U.S.C. 1221e-3, 1412(a)(8), 1417(c))

 

§300.561 Notice to parents.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.562 Access rights.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.563 Record of access.

Each participating agency shall keep a record of parties obtaining access to education records collected, maintained, or used under Part B of the Act (except access by parents and authorized employees of the participating agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.564 Records on more than one child.

If any education record includes information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific information.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.565 List of types and locations of information.

Each participating agency shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the agency.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.566 Fees.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.567 Amendment of records at parent's request.

(Authority: 20 U.S.C. 1412(a)(8); 1417(c))

 

§300.568 Opportunity for a hearing.

The agency shall, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.569 Result of hearing.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.570 Hearing procedures.

A hearing held under §300.568 must be conducted according to the procedures under 34 CFR 99.22.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.571 Consent.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.572 Safeguards.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.573 Destruction of information.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.574 Children's rights.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.575 Enforcement.

The SEA shall provide the policies and procedures, including sanctions, that the State uses to ensure that its policies and procedures are followed and that the requirements of the Act and the regulations in this part are met.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

 

§300.576 Disciplinary information.

(Authority: 20 U.S.C. 1413(j))

 

§300.577 Department use of personally identifiable information.

If the Department or its authorized representatives collect any personally identifiable information regarding children with disabilities that is not subject to 5 U.S.C. 552a (the Privacy Act of 1974), the Secretary applies the requirements of 5 U.S.C. 552a (b)(1)-(2), (4)-(11); (c); (d); (e)(1), (2), (3)(A), (B), and (D), (5)-(10); (h); (m); and (n); and the regulations implementing those provisions in 34 CFR part 5b.

(Authority: 20 U.S.C. 1412(a)(8), 1417(c))

State Complaint Procedures

 

§300.660 Adoption of State complaint procedures.

(Authority: 20 U.S.C. 1221e-3)

 

§300.661 Minimum State complaint procedures.

(Authority: 20 U.S.C. 1221e-3)

 

§300.662 Filing a complaint.

(Authority: 20 U.S.C. 1221e-3)