#### Part B SPP/APR Related Requirements

Note: This document includes a list of the Monitoring Priorities and
Indicators and the requirements from the statutes and regulations that
are related to each Priority and Indicator. The purpose of this document
is to inform States of the statutory and/or regulatory requirements
related to each Indicator that will be reviewed by OSEP as part of
Focused Monitoring. That is, if OSEP determines that it will do Focused
Monitoring in a State because that State is low performing or in
noncompliance with a specific indicator, OSEP will review the Related
Requirements for that Indicator as part of the Focused Monitoring. OSEP
encourages States to examine their general supervision systems to
determine how they address these Related Requirements. Please note that
the Related Requirements listed in the right column are abridged
statements of the actual language in the statute and regulations.
Readers are encouraged to review the full language of the requirements
in the statute and regulations to ensure a complete understanding of the
requirement.

+-----------------------+----------------------------------------------+
| **[Monitoring         | **[Related Requirements]{.smallcaps}**       |
| Priorities and        |                                              |
| Indi                  |                                              |
| cators]{.smallcaps}** |                                              |
+=======================+==============================================+
| 1.  Percent of youth  | The SEA must establish goals for the         |
|     with              | performance of children with disabilities in |
|     individualized    | the State that address graduation rates and  |
|     education         | dropout rates, as well as such other factors |
|     programs (IEPs)   | as the State may determine; and are          |
|     graduating from   | consistent, to the extent appropriate, with  |
|     high school with  | any other goals and standards for children   |
|     a regular diploma | established by the State. \[20 U.S.C.        |
|     compared to       | 1412(a)(15)(A) (iii) and (iv); 34 CFR        |
|     percent of all    | §300.157(a)(3) and (4)\]                     |
|     youth in the      |                                              |
|     State graduating  | The State must adopt the National            |
|     with a regular    | Instructional Materials Accessibility        |
|     diploma.          | Standard for the purposes of providing       |
|                       | instructional materials to blind persons or  |
| > \[20 U.S.C. 1416    | other persons with print disabilities, in a  |
| > (a)(3)(A)\]         | timely manner. In carrying out this          |
|                       | paragraph, the SEA, to the maximum extent    |
| 2.  Percent of youth  | possible, shall work collaboratively with    |
|     with IEPs         | the State agency responsible for assistive   |
|     dropping out of   | technology programs. \[20 U.S.C.             |
|     high school       | 1412(a)(23); 34 CFR §300.172(a)\]            |
|     compared to the   |                                              |
|     percent of all    | For a child whose eligibility under Part B   |
|     youth in the      | of the Individuals with Disability Education |
|     State dropping    | Act (Part B) terminates due to graduation    |
|     out of high       | from secondary school with a regular         |
|     school.           | diploma, or due to exceeding the age         |
|                       | eligibility for a free appropriate public    |
| > \[20 U.S.C. 1416    | education (FAPE) under State law, a public   |
| > (a)(3)(A)\]         | agency must provide the child with a summary |
|                       | of his or her academic achievement and       |
| 13\. Percent of youth | functional performance, including            |
| aged 16 and above     | recommendations on how to assist the child   |
| with an IEP that      | in meeting postsecondary goals. \[20 U.S.C.  |
| includes coordinated, | 1414(c)(5)(B); 34 CFR §300.305(e)(3)\]       |
| measurable, annual    |                                              |
| IEP goals and         | A State that receives amounts from a grant   |
| transition services   | under Part B may provide that, when a child  |
| that will reasonably  | with a disability reaches the age of         |
| enable the child to   | majority under State law (except for a child |
| meet the              | with a disability who has been determined to |
| post-secondary goals. | be incompetent under State law), the agency  |
|                       | shall provide any notice required by 20      |
| > \[20 U.S.C.         | U.S.C. 1415 to both the individual and the   |
| > 1416(a)(3)(B)\]     | parents; all other rights accorded to        |
|                       | parents under Part B transfer to the child;  |
| 14\. Percent of youth | the agency shall notify the individual and   |
| who had IEPs, are no  | the parents of the transfer of rights; and   |
| longer in secondary   | all rights accorded to parents under Part B  |
| school and who have   | transfer to children who are incarcerated in |
| been competitively    | an adult or juvenile Federal, State, or      |
| employed, enrolled in | local correctional institution. \[20 U.S.C.  |
| some type of          | 1415(m)(1); 34 CFR §300.520\]                |
| postsecondary school, |                                              |
| or both, within one   | The State must have in effect policies and   |
| year of leaving high  | procedures regarding the extent to which     |
| school.               | children are afforded rights of privacy      |
|                       | similar to those afforded to parents, taking |
| > \[20 U.S.C.         | into consideration the age of the child and  |
| > 1416(a)(3)(B)\]     | type or severity of disability. The rights   |
|                       | of parents regarding education records are   |
|                       | transferred to the student at age 18. If the |
|                       | rights accorded to parents under Part B are  |
|                       | transferred to a student who reaches the age |
|                       | of majority, the rights regarding            |
|                       | educational records must also be transferred |
|                       | to the student. The public agency must       |
|                       | provide any notice required under 20 U.S.C.  |
|                       | 1415 of the Act to the student and the       |
|                       | parents. \[20 U.S.C. 1412(a)(8); 34 CFR      |
|                       | §99.5(a) and §300.625\]                      |
|                       |                                              |
|                       | Each State that receives assistance under    |
|                       | Part B, and the Secretary of the Interior,   |
|                       | shall provide data each year to the          |
|                       | Secretary of Education and the public on the |
|                       | number and percentage of children with       |
|                       | disabilities, by race, ethnicity, limited    |
|                       | English proficiency status, gender, and      |
|                       | disability category, who for each year of    |
|                       | age from age 14 through 21, stopped          |
|                       | receiving special education and related      |
|                       | services because of program completion       |
|                       | (including graduation with a regular         |
|                       | secondary school diploma), or other reasons, |
|                       | and the reasons why those children stopped   |
|                       | receiving special education and related      |
|                       | services. \[20 U.S.C. 1418(a)(1)(A)(iv); 34  |
|                       | CFR §300.601(b)(1)\]                         |
|                       |                                              |
|                       | The provisions of Part B apply to all        |
|                       | political subdivisions of the State that are |
|                       | involved in the education of children with   |
|                       | disabilities including State and local       |
|                       | juvenile and adult correctional              |
|                       | facilities[^1]. \[34 CFR §300.2(b)(1)(iv)\]  |
+-----------------------+----------------------------------------------+
|                       | **[IEP Provisions]{.underline}**             |
|                       |                                              |
|                       | The IEP must include a statement of the      |
|                       | child's present levels of academic           |
|                       | achievement and functional performance,      |
|                       | including how the child's disability affects |
|                       | the child's involvement and progress in the  |
|                       | general education curriculum; and a          |
|                       | statement of measurable annual goals,        |
|                       | including academic and functional goals      |
|                       | designed to: meet the child's needs that     |
|                       | result from the child's disability to enable |
|                       | the child to be involved in and make         |
|                       | progress in the general education            |
|                       | curriculum; and meet each of the child's     |
|                       | other educational needs that result from the |
|                       | child's disability. \[20 U.S.C.              |
|                       | 1414(d)(1)(A)(i)(I) and (II); 34 CFR         |
|                       | §300.320(a)(1)(i) and (2)(i)(A) and (B)\]    |
|                       |                                              |
|                       | The IEP must include a description of how    |
|                       | the child's progress toward meeting the      |
|                       | annual goals will be measured and when       |
|                       | periodic reports on the progress the child   |
|                       | is making toward meeting the annual goals    |
|                       | (such as through the use of quarterly or     |
|                       | other periodic reports) will be provided.    |
|                       | \[20 U.S.C. 1414(d)(1)(A)(i)(III); 34 CFR    |
|                       | §300.320(a)(3)\]                             |
|                       |                                              |
|                       | The IEP must include a statement of the      |
|                       | special education and related services and   |
|                       | supplementary aids and services, based on    |
|                       | peer-reviewed research to the extent         |
|                       | practicable, to be provided to the child, or |
|                       | on behalf of the child, and a statement of   |
|                       | the program modifications or supports for    |
|                       | school personnel that will be provided for   |
|                       | the child: to advance appropriately toward   |
|                       | attaining the annual goals; to be involved   |
|                       | in and make progress in the general          |
|                       | education curriculum and to participate in   |
|                       | extracurricular and other nonacademic        |
|                       | activities; and to be educated and           |
|                       | participate with other children with         |
|                       | disabilities and nondisabled children. \[20  |
|                       | U.S.C. 1414(d)(1)(A)(i)(IV); 34 CFR          |
|                       | §300.320(a)(4)\]                             |
|                       |                                              |
|                       | The IEP must include the projected date for  |
|                       | the beginning of the services and            |
|                       | modifications described and the anticipated  |
|                       | frequency, location, and duration of those   |
|                       | services and modifications. \[20 U.S.C.      |
|                       | 1414(d)(1) (A)(i)(VII); 34 CFR               |
|                       | §300.320(a)(7)\]                             |
+-----------------------+----------------------------------------------+
|                       | The IEP, beginning not later than the first  |
|                       | IEP to be in effect when the child turns, 16 |
|                       | or younger if determined appropriate by the  |
|                       | IEP team and updated annually thereafter,    |
|                       | must include appropriate measurable          |
|                       | postsecondary goals based upon age           |
|                       | appropriate transition assessments related   |
|                       | to training, education, employment and where |
|                       | appropriate, independent living skills; the  |
|                       | transition services (including courses of    |
|                       | study) needed to assist the child in         |
|                       | reaching those goals; and beginning not      |
|                       | later than 1 year before the child reaches   |
|                       | the age of majority under State law, a       |
|                       | statement that the child has been informed   |
|                       | of the child\'s rights under this title, if  |
|                       | any, that will transfer to the child on      |
|                       | reaching the age of majority under 20 U.S.C. |
|                       | 1415(m). \[[20 U.S.C.                        |
|                       | 1414(]{.smallcaps}d)(1)(A)(i)(VIII); 34 CFR  |
|                       | §300.320(b) and (c)\]                        |
|                       |                                              |
|                       | For a child with a disability beginning not  |
|                       | later than the first IEP to be in effect     |
|                       | when the child turns 16, or younger if       |
|                       | determined appropriate by the IEP Team, the  |
|                       | notice must indicate that a purpose of the   |
|                       | meeting will be the consideration of the     |
|                       | postsecondary goals and transition service   |
|                       | for the child, in accordance with            |
|                       | 300.320(b), and that the agency will invite  |
|                       | the student and identify any other agency    |
|                       | that will be invited to send a               |
|                       | representative. \[20 U.S.C.                  |
|                       | 1414(d)(1)(A)(i)(I)(VIII); 34 CFR            |
|                       | §300.322(b)(2)\]                             |
|                       |                                              |
|                       | The IEP Team must be a group of individuals  |
|                       | composed of: the parents of a child with a   |
|                       | disability; not less than one regular        |
|                       | education teacher of such child; not less    |
|                       | than one special education teacher or        |
|                       | provider of such child; a representative of  |
|                       | the LEA; an individual who can interpret the |
|                       | instructional implications of evaluation     |
|                       | results (who may be the child's regular or   |
|                       | special education teacher); at the           |
|                       | discretion of the parent or the agency,      |
|                       | other individuals who have knowledge or      |
|                       | special expertise regarding the child,       |
|                       | including related services personnel as      |
|                       | appropriate; and whenever appropriate, the   |
|                       | child with a disability. \[20 U.S.C.         |
|                       | 1414(d)(1)(B); 34 CFR §300.321(a)\]          |
|                       |                                              |
|                       | In developing each child's IEP, the IEP Team |
|                       | must consider the strengths of the child;    |
|                       | the concerns of the parents for enhancing    |
|                       | the education for their child; the results   |
|                       | of the initial evaluation or most recent     |
|                       | evaluation of the child; and the academic,   |
|                       | developmental and functional needs of the    |
|                       | child. \[20 U.S.C. 1414(d)(3)(A); 34 CFR     |
|                       | §300.324(a)(1)\]                             |
|                       |                                              |
|                       | In developing each child\'s IEP, the IEP     |
|                       | Team must also consider the special factors  |
|                       | included at 20 U.S.C. 1414(d)(3)(B)          |
|                       | including positive behavioral interventions  |
|                       | and supports, language, Braille,             |
|                       | communication and assistive technology       |
|                       | needs. \[34 CFR §300.324(a)(2)\]             |
|                       |                                              |
|                       | The IEP Team must review the child\'s IEP    |
|                       | periodically, but not less frequently than   |
|                       | annually, to determine whether the annual    |
|                       | goals for the child are being achieved and   |
|                       | revise the IEP as appropriate. \[20 U.S.C.   |
|                       | 1414(d)(4); 34 CFR §300.324(b)(1)\]          |
+-----------------------+----------------------------------------------+
|                       | If a participating agency, other than the    |
|                       | LEA, fails to provide the transition         |
|                       | services described in the IEP in accordance  |
|                       | with 20 U.S.C. 1414(d)(1)(A)(i)(VIII), the   |
|                       | LEA must reconvene the IEP Team to identify  |
|                       | alternative strategies to meet the           |
|                       | transition objectives for the child set out  |
|                       | in the IEP. \[20 U.S.C. 1414(d)(6); 34 CFR   |
|                       | §300.324(c)(1)\]                             |
|                       |                                              |
|                       | The public agency must invite the child with |
|                       | a disability to the IEP meeting if a purpose |
|                       | of the meeting will be consideration of the  |
|                       | postsecondary goals of the child and the     |
|                       | transition services needed to assist the     |
|                       | child in reaching those goals. If the child  |
|                       | does not attend the meeting, the public      |
|                       | agency must take other steps to ensure that  |
|                       | the child's preferences and interests are    |
|                       | considered. \[34 CFR §300.321(b)(1)\]        |
|                       |                                              |
|                       | The public agency, to the extent             |
|                       | appropriate, with the consent of the parents |
|                       | or a youth who has reached the age of        |
|                       | majority, must invite to the IEP meeting a   |
|                       | representative of any participating agency   |
|                       | that is likely to be responsible for         |
|                       | providing or paying for transition services. |
|                       | \[34 CFR §300.321(b)(3)\]                    |
|                       |                                              |
|                       | The transition services provided to youth    |
|                       | with disabilities must meet the definition   |
|                       | in 20 U.S.C. 1402(34)(A) through (C). \[20   |
|                       | U.S.C. 1412(a)(1)(A); 34 CFR §300.42\]       |
|                       |                                              |
|                       | **[FAPE]{.underline}**                       |
|                       |                                              |
|                       | The State must ensure that a free            |
|                       | appropriate public education is available to |
|                       | all children with disabilities residing in   |
|                       | the State between the ages of 3 and 21,      |
|                       | inclusive, including children with           |
|                       | disabilities who have been suspended or      |
|                       | expelled from school.[^2] \[20 U.S.C.        |
|                       | 1412(a)(1)(A); 34 CFR §300.101(a)\]          |
|                       |                                              |
|                       | **[Highly Qualified Personnel]{.underline}** |
|                       |                                              |
|                       | The State educational agency (SEA) must      |
|                       | establish and maintain qualifications to     |
|                       | ensure that personnel necessary to carry out |
|                       | Part B are appropriately and adequately      |
|                       | prepared and trained including               |
|                       | qualifications for related services          |
|                       | personnel and paraprofessionals. The         |
|                       | qualifications must be consistent with any   |
|                       | State-approved or State-recognized           |
|                       | certification, licensing, registration, or   |
|                       | other comparable requirements. \[20 U.S.C.   |
|                       | 1412(a)(14)(A) and (B); 34 CFR §300.156(a)   |
|                       | and (b)\]                                    |
+-----------------------+----------------------------------------------+
| 3.  Participation and | The State must establish goals for the       |
|     performance of    | performance of children with disabilities in |
|     children with     | the State that promote the purposes of this  |
|     disabilities on   | title; are the same as the State\'s          |
|     statewide         | definition of adequate yearly progress,      |
|     assessments:      | including the State\'s objectives for        |
|                       | progress by children with disabilities,      |
| > A. Percent of       | under Section 1111(b)(2)(C) of the           |
| > districts meeting   | Elementary and Secondary Education Act of    |
| > the State's         | 1965; address graduation rates and dropout   |
| > Adequate Yearly     | rates, as well as such other factors as the  |
| > Progress (AYP)      | State may determine; and are consistent, to  |
| > objectives for      | the extent appropriate, with any other goals |
| > progress for        | and standards for children established by    |
| > disability          | the State. \[20 U.S.C. 1412(a)(15)(A); 34    |
| > subgroups.          | CFR §300.157(a)\]                            |
|                       |                                              |
| B.  Participation     | The State must establish performance         |
|     rate for children | indicators that the State will use to assess |
|     with IEPs in a    | progress toward achieving the goals          |
|     regular           | described in the above paragraph, including  |
|     assessment with   | measurable annual objectives for progress by |
|     no                | children with disabilities under section     |
|     accommodations;   | 111(b)(2)(C)(v)(II)(cc) of the Elementary    |
|     regular           | and Secondary Education Act of 1965. \[20    |
|     assessment with   | U.S.C. 1412(a)(15)(B); 34 CFR §300.157(b)\]  |
|     accommodations;   |                                              |
|     alternate         | The State must adopt the National            |
|     assessment        | Instructional Materials Accessibility        |
|     against grade     | Standard for the purposes of providing       |
|     level standards;  | instructional materials to blind persons or  |
|     alternate         | other persons with print disabilities, in a  |
|     assessment        | timely manner. In carrying out this          |
|     against alternate | paragraph, the SEA, to the maximum extent    |
|     achievement       | possible, shall work collaboratively with    |
|     standards.        | the State agency responsible for assistive   |
|                       | technology programs. \[20 U.S.C.             |
| > C. Proficiency rate | 1412(a)(23); 34 CFR §300.172(a)\]            |
| > for children with   |                                              |
| > IEPs against grade  | **[State and Districtwide                    |
| > level standards and | Assessment]{.underline}**                    |
| > alternate           |                                              |
| > achievement         | All children with disabilities must be       |
| > standards.          | included in all general statewide and        |
| >                     | districtwide assessment programs, including  |
| > \[20 U.S.C. 1416    | assessments described under Section 1111 of  |
| > (a)(3)(A)\]         | the Elementary and Secondary Education Act   |
|                       | of 1965, with appropriate accommodations and |
| 7\. Percent of        | alternate assessments where necessary and as |
| preschool children    | indicated in their respective IEPs. \[20     |
| with IEPs who         | U.S.C. 1412 (a)(16)(A); 34 CFR §300.160(a)\] |
| demonstrate improved: |                                              |
|                       | The SEA (or, in the case of a districtwide   |
| A.  Positive          | assessment the LEA) must develop guidelines  |
|     social-emotional  | for the provision of appropriate             |
|     skills (including | accommodations. \[20 U.S.C. 1412(a)(16)(B);  |
|     social            | 34 CFR §300.160(b)\]                         |
|     relationships);   |                                              |
|                       | The State must develop and implement         |
| B.  Acquisition and   | guidelines for the participation of children |
|     use of knowledge  | with disabilities in alternate assessments   |
|     and skills        | for those children who cannot participate in |
|     (including early  | regular assessments. \[20 U.S.C. 1412        |
|     language/         | (a)(16)(C)(i); 34 CFR §300.160(c)\]          |
|     communication and |                                              |
|     early literacy);  | The State's alternate assessments must be    |
|     and               | aligned with its challenging academic        |
|                       | content standards and child academic         |
| C.  Use of            | achievement standards, and if it has adopted |
|     appropriate       | alternate academic achievement standards     |
|     behaviors to meet | permitted under Section 1111(b)(1) of the    |
|     their needs.      | Elementary and Secondary Education Act of    |
|                       | 1965, measure the achievement of children    |
| \[20 U.S.C.           | with disabilities against those standards.   |
| 1416(a)(3)(A)\]       | \[20 U.S.C. 1412 (a)(16)(C)(ii); 34 CFR      |
|                       | §300.160(c)(2)\]                             |
|                       |                                              |
|                       | The State must conduct the alternate         |
|                       | assessments described in 20 U.S.C. 1412      |
|                       | (a)(16)(C)(i)(ii).                           |
|                       |                                              |
|                       | U.S.C. 1412 (a)(16)(C)(iii); 34 CFR          |
|                       | §300.160(c)(3)\]                             |
|                       |                                              |
|                       | The SEA, (or, in the case of a districtwide  |
|                       | assessment, LEA) must make available to the  |
|                       | public, and report to the public with the    |
|                       | same frequency and in the same detail as it  |
|                       | reports on the assessment of nondisabled     |
|                       | children: (1) the number of children with    |
|                       | disabilities participating in: (a) regular   |
|                       | assessments, and the number of those         |
|                       | children who were provided accommodations in |
|                       | order to participate in those assessments;   |
|                       | (b) alternate assessments aligned with the   |
|                       | State's challenging academic content         |
|                       | standards and student achievement standards; |
|                       | and (c) alternate assessments aligned with   |
|                       | alternate achievement standards; and (2) the |
|                       | performance of children with disabilities on |
|                       | regular assessments and on alternate         |
|                       | assessments, compared with the achievement   |
|                       | of all children, including children with     |
|                       | disabilities, on those assessments. \[20     |
|                       | U.S.C. 1412 (a)(16)(D); 34 CFR §300.160(d)\] |
|                       |                                              |
|                       | **[IEP Provisions]{.underline}**             |
|                       |                                              |
|                       | The IEP must include a statement of the      |
|                       | child's present levels of academic           |
|                       | achievement and functional performance,      |
|                       | including how the child's disability affects |
|                       | the child's involvement and progress in the  |
|                       | general education curriculum or for          |
|                       | preschool children, as appropriate, how the  |
|                       | disability affects the child's participation |
|                       | in appropriate activities; and a statement   |
|                       | of measurable annual goals, including        |
|                       | academic and functional goals designed to:   |
|                       | meet the child's needs that result from the  |
|                       | child's disability to enable the child to be |
|                       | involved in and make progress in the general |
|                       | education curriculum; and meet each of the   |
|                       | child's other educational needs that result  |
|                       | from the child's disability. \[20 U.S.C.     |
|                       | 1414(d)(1)(A)(i)(I) and (II); 34 CFR         |
|                       | §300.320(a)(1) and (a)(2)(i)\]               |
|                       |                                              |
|                       | For children with disabilities who take      |
|                       | alternate assessments aligned to alternate   |
|                       | achievement standards, the IEP must include  |
|                       | a description of benchmarks or short-term    |
|                       | objectives. \[20 U.S.C.                      |
|                       | 1414(d)(1)(A)(i)(I)(cc); 34 CFR              |
|                       | §300.320(a)(2)(ii)\]                         |
|                       |                                              |
|                       | The IEP must include a description of how    |
|                       | the child's progress toward meeting the      |
|                       | annual goals will be measured and when       |
|                       | periodic reports on the progress the child   |
|                       | is making toward meeting the annual goals    |
|                       | (such as through the use of quarterly or     |
|                       | other periodic reports) will be provided.    |
|                       | \[20 U.S.C. 1414(d)(1)(A)(i)(III); 34 CFR    |
|                       | §300.320(a)(3)(i)\]                          |
|                       |                                              |
|                       | The IEP must include a statement of the      |
|                       | special education and related services and   |
|                       | supplementary aids and services, based on    |
|                       | peer-reviewed research to the extent         |
|                       | practicable, to be provided to the child, or |
|                       | on behalf of the child, and a statement of   |
|                       | the program modifications or supports for    |
|                       | school personnel that will be provided for   |
|                       | the child: to advance appropriately toward   |
|                       | attaining the annual goals; to be involved   |
|                       | in and make progress in the general          |
|                       | education curriculum and to participate in   |
|                       | extracurricular and other nonacademic        |
|                       | activities; and to be educated and           |
|                       | participate with other children with         |
|                       | disabilities and nondisabled children. \[20  |
|                       | U.S.C. 1414(d)(1)(A)(i)(IV); 34 CFR          |
|                       | §300.320(a)(4)\]                             |
|                       |                                              |
|                       | The IEP must include statements of any       |
|                       | individual appropriate accommodations that   |
|                       | are necessary to measure the academic        |
|                       | achievement and functional performance of    |
|                       | the child on Statewide and districtwide      |
|                       | assessments. \[20 U.S.C.                     |
|                       | 1414(d)(1)(A)(i)(VI)(aa); 34 CFR             |
|                       | §300.320(a)(6)(i)\]                          |
|                       |                                              |
|                       | The IEP must, if the IEP Team determines     |
|                       | that the child shall take an alternate       |
|                       | assessment on a particular State or          |
|                       | districtwide assessment of student           |
|                       | achievement, provide a statement of why the  |
|                       | child cannot participate in the regular      |
|                       | assessment, and why the particular alternate |
|                       | assessment selected is appropriate for the   |
|                       | child. \[20 U.S.C. 1414(d)(1)(A)(i)(VI)(bb); |
|                       | 34 CFR §300.320(a)(6)(ii)\]                  |
|                       |                                              |
|                       | The IEP must include the projected date for  |
|                       | the beginning of the services and            |
|                       | modifications described and the anticipated  |
|                       | frequency, location, and duration of those   |
|                       | services and modifications. \[20 U.S.C.      |
|                       | 1414(d)(1)(A)(i)(VII); 34 CFR                |
|                       | §300.320(a)(7)\]                             |
|                       |                                              |
|                       | The IEP Team must be a group of individuals  |
|                       | composed of: the parents of a child with a   |
|                       | disability; not less than one regular        |
|                       | education teacher of such child; not less    |
|                       | than 1 special education teacher or provider |
|                       | of such child; a representative of the LEA;  |
|                       | an individual who can interpret the          |
|                       | instructional implications of evaluation     |
|                       | results who may be the child's regular or    |
|                       | special education teacher; at the discretion |
|                       | of the parent or the agency, other           |
|                       | individuals who have knowledge or special    |
|                       | expertise regarding the child, including     |
|                       | related services personnel as appropriate;   |
|                       | and whenever appropriate, the child with a   |
|                       | disability. \[20 U.S.C. 1414(d)(1)(B); 34    |
|                       | CFR §300.321(a)\]                            |
|                       |                                              |
|                       | In the case of a child with a disability     |
|                       | aged 3 through 5 (or, at the discretion of   |
|                       | the SEA, a 2-year-old child with a           |
|                       | disability who will turn age 3 during the    |
|                       | school year), the IEP Team must consider the |
|                       | individualized family service plan (IFSP).   |
|                       | The IFSP may serve as the IEP of the child   |
|                       | if using that plan as the IEP is consistent  |
|                       | with State policy and agreed to by the       |
|                       | agency and the child\'s parents. \[20 U.S.C. |
|                       | 1414(d)(2)(B); 34 CFR §300.323(b)(1)\]       |
|                       |                                              |
|                       | In developing each child's IEP, the IEP Team |
|                       | must consider the strengths of the child;    |
|                       | the concerns of the parents for enhancing    |
|                       | the education for their child, the results   |
|                       | of the initial evaluation or most recent     |
|                       | evaluation of the child; and the academic,   |
|                       | developmental and functional needs of the    |
|                       | child. \[20 U.S.C. 1414(d)(3)(A); 34 CFR     |
|                       | §300.324(a)(1)\]                             |
|                       |                                              |
|                       | In developing each child\'s IEP, the IEP     |
|                       | Team must also consider the special factors  |
|                       | included at 20 U.S.C. 1414(d)(3)(B)          |
|                       | including behavior, language, Braille,       |
|                       | communication and assistive technology       |
|                       | needs. \[20 U.S.C. 1414(d)(3)(B); 34 CFR     |
|                       | §300.324(a)(2)\]                             |
|                       |                                              |
|                       | The IEP Team must review the child\'s IEP    |
|                       | periodically, but not less frequently than   |
|                       | annually, to determine whether the annual    |
|                       | goals for the child are being achieved and   |
|                       | revise the IEP as appropriate. \[20 U.S.C.   |
|                       | 1414(d)(4); 34 CFR §300.324(b)(1)\]          |
|                       |                                              |
|                       | **[FAPE]{.underline}**                       |
|                       |                                              |
|                       | The State must ensure that a free            |
|                       | appropriate public education is available to |
|                       | all children with disabilities residing in   |
|                       | the State between the ages of 3 and 21,      |
|                       | inclusive, including children with           |
|                       | disabilities who has been suspended or       |
|                       | expelled from school. \[20 U.S.C.            |
|                       | 1412(a)(1)(A); 34 CFR §300.101(a)\]          |
|                       |                                              |
|                       | **[Highly Qualified Personnel]{.underline}** |
|                       |                                              |
|                       | The SEA must establish and maintain          |
|                       | qualifications to ensure that personnel      |
|                       | necessary to carry out Part B are            |
|                       | appropriately and adequately prepared and    |
|                       | trained including qualifications for related |
|                       | services personnel and paraprofessionals.    |
|                       | The qualifications must be consistent with   |
|                       | any State-approved or State-recognized       |
|                       | certification, licensing, registration, or   |
|                       | other comparable requirements. \[20 U.S.C.   |
|                       | 1412(a)(14)(A) and (B); 34 CFR §300.156(a)   |
|                       | and (b)\]                                    |
+-----------------------+----------------------------------------------+
| 4\. Rates of          | The SEA, and the Secretary of the Interior,  |
| suspension and        | must examine data, including data            |
| expulsion:            | disaggregated by race and ethnicity, to      |
|                       | determine if significant discrepancies are   |
| > A. Percent of       | occurring in the rate of long-term           |
| > districts           | suspensions and expulsions of children with  |
| > identified by the   | disabilities among LEAs in the State; or     |
| > State as having a   | compared to such rates for nondisabled       |
| > significant         | children within such agencies. [\[20 U.S.C.  |
| > discrepancy in the  | 1412(]{.smallcaps}a)[(22)(A); 34 CFR         |
| > rates of            | §§300.170 (]{.smallcaps}a) and               |
| > suspensions and     | 300.646(a)(3)\]                              |
| > expulsions of       |                                              |
| > children with       | If such discrepancies are occurring, the SEA |
| > disabilities for    | must review and, if appropriate, revise (or  |
| > greater than 10     | require the affected State or LEA to revise) |
| > days in a school    | its policies, procedures, and practices      |
| > year; and           | relating to the development and              |
| >                     | implementation of IEPs, the use of positive  |
| > B. Percent of       | behavioral interventions and supports, and   |
| > districts           | procedural safeguards, to ensure that such   |
| > identified by the   | policies, procedures, and practices comply   |
| > State as having a   | with this Act. [\[20 U.S.C.                  |
| > significant         | 1412(]{.smallcaps}a[)(22)(B]{.smallcaps});   |
| > discrepancy in the  | 34 CFR §§300.170(b) and 300.646(b)\]         |
| > rates of            |                                              |
| > suspensions and     | School personnel may consider any unique     |
| > expulsions of       | circumstances on a case-by-case basis when   |
| > greater than 10     | determining whether a change in placement    |
| > days in a school    | for a child with a disability who violates a |
| > year of children    | code of student conduct is appropriate. \[20 |
| > with disabilities   | U.S.C. 1415(k)(1)(A); 34 CFR §300.530(a)\]   |
| > by race and         |                                              |
| > ethnicity.          | School personnel may remove a child with a   |
|                       | disability who violates a code of student    |
| \[20 U.S.C.           | conduct from his or her current placement to |
| 1416(a)(3)(A);        | an appropriate interim alternative           |
| 1412(a)(22)\]         | educational setting, another setting, or     |
|                       | suspension, for not more than 10 consecutive |
|                       | school days (to the extent such alternatives |
|                       | are applied to children without              |
|                       | disabilities). \[20 U.S.C. 1415(k)(1)(B); 34 |
|                       | CFR §300.530(b)\]                            |
|                       |                                              |
|                       | If school personnel seek to order a change   |
|                       | in placement that would exceed 10 school     |
|                       | days and the behavior that gave rise to the  |
|                       | violation of the school code is determined   |
|                       | not to be a manifestation of the child\'s    |
|                       | disability, the relevant disciplinary        |
|                       | procedures applicable to children without    |
|                       | disabilities may be applied to the child in  |
|                       | the same manner and for the same duration in |
|                       | which the procedures would be applied to     |
|                       | children without disabilities, except as     |
|                       | provided in 20 U.S.C. 1412(a)(1), although   |
|                       | it may be provided in an interim alternative |
|                       | educational setting. \[ 20 U.S.C.            |
|                       | 1415(k)(1)(C); 34 CFR §300.530(c)\]          |
|                       |                                              |
|                       | A child with a disability who is removed     |
|                       | from the child\'s current placement          |
|                       | (irrespective of whether the behavior is     |
|                       | determined to be a manifestation of the      |
|                       | child\'s disability) shall: continue to      |
|                       | receive FAPE, so as to enable the child to   |
|                       | continue to participate in the general       |
|                       | education curriculum, although in another    |
|                       | setting, and to progress toward meeting the  |
|                       | goals set out in the child\'s IEP; and       |
|                       | receive, as appropriate, a functional        |
|                       | behavioral assessment, behavioral            |
|                       | intervention services and modifications,     |
|                       | that are designed to address the behavior    |
|                       | violation so that it does not recur. \[20    |
|                       | U.S.C. 1415(k)(1)(D); 34 CFR §300.530(d)\]   |
|                       |                                              |
|                       | Within 10 school days of any decision to     |
|                       | change the placement of a child with a       |
|                       | disability because of a violation of a code  |
|                       | of student conduct, the LEA, the parent, and |
|                       | relevant members of the IEP Team (as         |
|                       | determined by the parent and the LEA) shall  |
|                       | review all relevant information in the       |
|                       | student\'s file, including the child\'s IEP, |
|                       | any teacher observations, and any relevant   |
|                       | information provided by the parents to       |
|                       | determine: if the conduct in question was    |
|                       | caused by, or had a direct and substantial   |
|                       | relationship to, the child\'s disability; or |
|                       | if the conduct in question was the direct    |
|                       | result of the LEA's failure to implement the |
|                       | IEP. If the IEP Team determines that either  |
|                       | is applicable for the child, the conduct     |
|                       | shall be determined to be a manifestation of |
|                       | the child\'s disability. \[20 U.S.C.         |
|                       | 1415(k)(1)(E); 34 CFR §300.530(e)\]          |
|                       |                                              |
|                       | If the LEA, the parent, and relevant members |
|                       | of the IEP Team make the determination that  |
|                       | the conduct was a manifestation of the       |
|                       | child\'s disability, the IEP Team shall:     |
|                       | conduct a functional behavioral assessment,  |
|                       | and implement a behavioral intervention plan |
|                       | for such child; or review the behavioral     |
|                       | intervention plan if the child already has   |
|                       | such a behavioral intervention plan, and     |
|                       | modify it, as necessary, to address the      |
|                       | behavior; and return the child to the        |
|                       | placement from which the child was removed,  |
|                       | unless the parent and the LEA agree to a     |
|                       | change of placement as part of the           |
|                       | modification of the behavioral intervention  |
|                       | plan, unless special circumstances exist, as |
|                       | provided in 20 U.S.C. 1415(k)(1)(G). \[20    |
|                       | U.S.C. 1415(k)(1)(F); 34 CFR §300.530(f)\]   |
|                       |                                              |
|                       | School personnel may remove a student to an  |
|                       | interim alternative educational setting for  |
|                       | not more than 45 school days without regard  |
|                       | to whether the behavior is determined to be  |
|                       | a manifestation of the child\'s disability,  |
|                       | in cases where a child: carries or possesses |
|                       | a weapon to or at school, on school          |
|                       | premises, or to or at a school function      |
|                       | under the jurisdiction of an SEA or LEA;     |
|                       | knowingly possesses or uses illegal drugs,   |
|                       | or sells or solicits the sale of a           |
|                       | controlled substance, while at school, on    |
|                       | school premises, or at a school function     |
|                       | under the jurisdiction of an SEA or LEA; or  |
|                       | has inflicted serious bodily injury upon     |
|                       | another person while at school, on school    |
|                       | premises, or at a school function under the  |
|                       | jurisdiction of an SEA or LEA. \[20 U.S.C.   |
|                       | 1415(k)(1)(G); 34 CFR §300.530(g) and (i)\]  |
|                       |                                              |
|                       | Not later than the date on which the         |
|                       | decision to take disciplinary action is      |
|                       | made, the LEA shall notify the parents of    |
|                       | that decision, and of all procedural         |
|                       | safeguards accorded under 20 U.S.C. 1415.    |
|                       | \[20 U.S.C. 1415(k)(1)(H); 34 CFR            |
|                       | §300.530(h)\]                                |
|                       |                                              |
|                       | The interim alternative educational setting  |
|                       | shall be determined by the IEP Team. \[20    |
|                       | U.S.C. 1415(k)(2); 34 CFR §300.531\]         |
|                       |                                              |
|                       | The parent of a child with a disability who  |
|                       | disagrees with any decision regarding        |
|                       | placement, or the manifestation              |
|                       | determination under 20 U.S.C. 1415(k), or an |
|                       | LEA that believes that maintaining the       |
|                       | current placement of the child is            |
|                       | substantially likely to result in injury to  |
|                       | the child or to others, may request a        |
|                       | hearing. \[20 U.S.C. 1415(k)(3)(A); 34 CFR   |
|                       | §300.532(a)\]                                |
|                       |                                              |
|                       | When a hearing has been requested by either  |
|                       | the parent or the LEA, the child shall       |
|                       | remain in the interim alternative            |
|                       | educational setting pending the decision of  |
|                       | the hearing officer or until the expiration  |
|                       | of the time period provided for 20 U.S.C.    |
|                       | 1415(k)(1)(C), whichever occurs first,       |
|                       | unless the parent and the SEA and LEA agree  |
|                       | otherwise; and the SEA or LEA shall arrange  |
|                       | for an expedited hearing, which shall occur  |
|                       | within 20 school days of the date the        |
|                       | hearing is requested and shall result in a   |
|                       | determination within 10 school days after    |
|                       | the hearing. \[20 U.S.C. 1415(k)(4); 34 CFR  |
|                       | §§300.532(c)(2) and 300.533\]                |
|                       |                                              |
|                       | Each State that receives assistance under    |
|                       | Part B, and the Secretary of the Interior,   |
|                       | shall provide data each year to the          |
|                       | Secretary of Education and the public on the |
|                       | number and percentage of children with       |
|                       | disabilities, by race, ethnicity, limited    |
|                       | English proficiency status, gender, and      |
|                       | disability category, who are removed to an   |
|                       | interim alternative educational setting      |
|                       | under 20 U.S.C. 1415(k)(1); the acts or      |
|                       | items precipitating those removals; and the  |
|                       | number of children with disabilities who are |
|                       | subject to long-term suspensions or          |
|                       | expulsions. \[20 U.S.C 1418(a)(1)(A)(v); 34  |
|                       | CFR §300.640\]                               |
|                       |                                              |
|                       | Each State that receives assistance under    |
|                       | Part B, and the Secretary of the Interior,   |
|                       | shall provide data each year to the          |
|                       | Secretary of Education and the public on the |
|                       | incidence and duration of disciplinary       |
|                       | actions by race, ethnicity, limited English  |
|                       | proficiency status, gender, and disability   |
|                       | category, of children with disabilities,     |
|                       | including suspensions of one day or more.    |
|                       | \[20.U.S.C. 1418(a)(1)(D); 34 CFR §300.640\] |
|                       |                                              |
|                       | Each State that receives assistance under    |
|                       | Part B, and the Secretary of the Interior,   |
|                       | shall provide data each year to the          |
|                       | Secretary of Education and the public on the |
|                       | number and percentage of children with       |
|                       | disabilities who are removed to alternative  |
|                       | educational settings or expelled as compared |
|                       | to children without disabilities who are     |
|                       | removed to alternative educational settings  |
|                       | or expelled. \[20 U.S.C. 1418(a)(1)(E); 34   |
|                       | CFR §300.640\]                               |
|                       |                                              |
|                       | Each State that receives assistance under    |
|                       | Part B, and the Secretary of the Interior,   |
|                       | shall provide data each year to the          |
|                       | Secretary of Education and the public on the |
|                       | number of hearings requested under 20 U.S.C. |
|                       | 1415(k) and the number of changes in         |
|                       | placements ordered as a result of those      |
|                       | hearings. \[20 U.S.C. 1418(a)(1)(G); 34 CFR  |
|                       | §300.640\]                                   |
|                       |                                              |
|                       | **[IEP Provisions]{.underline}**             |
|                       |                                              |
|                       | The IEP must include a statement of the      |
|                       | child's present levels of academic           |
|                       | achievement and functional performance,      |
|                       | including how the child's disability affects |
|                       | the child's involvement and progress in the  |
|                       | general education curriculum; and a          |
|                       | statement of measurable annual goals,        |
|                       | including academic and functional goals      |
|                       | designed to: meet the child's needs that     |
|                       | result from the child's disability to enable |
|                       | the child to be involved in and make         |
|                       | progress in the general education            |
|                       | curriculum; and meet each of the child's     |
|                       | other educational needs that result from the |
|                       | child's disability. \[20 U.S.C.              |
|                       | 1414(d)(1)(A)(i)(I)(II); 34 CFR              |
|                       | §300.320(a)(1)(i) and (a)(2)(i)(A) and (B)\] |
|                       |                                              |
|                       | The IEP must include a description of how    |
|                       | the child's progress toward meeting the      |
|                       | annual goals will be measured and when       |
|                       | periodic reports on the progress the child   |
|                       | is making toward meeting the annual goals    |
|                       | (such as through the use of quarterly or     |
|                       | other periodic reports) will be provided.    |
|                       | \[20 U.S.C. 1414(d)(1)(A)(i)(III); 34 CFR    |
|                       | §300.320(a)(3)\]                             |
|                       |                                              |
|                       | The IEP must include a statement of the      |
|                       | special education and related services and   |
|                       | supplementary aids and services, based on    |
|                       | peer-reviewed research to the extent         |
|                       | practicable, to be provided to the child, or |
|                       | on behalf of the child, and a statement of   |
|                       | the program modifications or supports for    |
|                       | school personnel that will be provided for   |
|                       | the child: to advance appropriately toward   |
|                       | attaining the annual goals; to be involved   |
|                       | in and make progress in the general          |
|                       | education curriculum and to participate in   |
|                       | extracurricular and other nonacademic        |
|                       | activities; and to be educated and           |
|                       | participate with other children with         |
|                       | disabilities and nondisabled children. \[20  |
|                       | U.S.C. 1414(d)(1)(A)(i)(IV); 34 CFR          |
|                       | §300.320(a)(4)\]                             |
|                       |                                              |
|                       | The IEP must include the projected date for  |
|                       | the beginning of the services and            |
|                       | modifications described and the anticipated  |
|                       | frequency, location, and duration of those   |
|                       | services and modifications. \[20 U.S.C.      |
|                       | 1414(d)(1)(A)(i)(VII); 34 CFR                |
|                       | §300.320(a)(7)\]                             |
|                       |                                              |
|                       | The IEP, beginning not later than the first  |
|                       | IEP to be in effect when the child is 16 and |
|                       | updated annually thereafter, must include    |
|                       | appropriate measurable postsecondary goals   |
|                       | based upon age appropriate transition        |
|                       | assessments related to training, education,  |
|                       | employment and where appropriate,            |
|                       | independent living skills; the transition    |
|                       | services (including courses of study) needed |
|                       | to assist the child in reaching those goals; |
|                       | and beginning not later than one year before |
|                       | the child reaches the age of majority under  |
|                       | State law, a statement that the child has    |
|                       | been informed of the child\'s rights under   |
|                       | this title, if any, that will transfer to    |
|                       | the child on reaching the age of majority    |
|                       | under 20 U.S.C. 1415(m). \[[20 U.S.C.        |
|                       | 1414(]{.smallcaps}d)(1)(A)(i)(VIII); 34 CFR  |
|                       | §300.320(b) and (c)\]                        |
|                       |                                              |
|                       | The IEP Team must be a group of individuals  |
|                       | composed of: the parents of a child with a   |
|                       | disability; not less than one regular        |
|                       | education teacher of such child; not less    |
|                       | than one special education teacher or        |
|                       | provider of such child; a representative of  |
|                       | the LEA; an individual who can interpret the |
|                       | instructional implications of evaluation     |
|                       | results (who may be the child's regular or   |
|                       | special education teacher), at the           |
|                       | discretion of the parent or the agency,      |
|                       | other individuals who have knowledge or      |
|                       | special expertise regarding the child,       |
|                       | including related services personnel as      |
|                       | appropriate; and whenever appropriate, the   |
|                       | child with a disability. \[20 U.S.C.         |
|                       | 1414(d)(1)(B); 34 CFR §300.321(a)\]          |
|                       |                                              |
|                       | In developing each child's IEP, the IEP Team |
|                       | must consider the strengths of the child;    |
|                       | the concerns of the parents for enhancing    |
|                       | the education for their child, the results   |
|                       | of the initial evaluation or most recent     |
|                       | evaluation of the child; and the academic,   |
|                       | developmental and functional needs of the    |
|                       | child. \[20 U.S.C. 1414(d)(3)(A); 34 CFR     |
|                       | §300.324(a)(1)\]                             |
|                       |                                              |
|                       | In developing each child\'s IEP, the IEP     |
|                       | Team must also consider the special factors  |
|                       | included at 20 U.S.C. 1414(d)(3)(B)          |
|                       | including positive behavioral intervention   |
|                       | and supports, language, Braille,             |
|                       | communication and assistive technology       |
|                       | needs. \[20 U.S.C. 1414(d)(3)(B); 34 CFR     |
|                       | §300.324(a)(2)\]                             |
|                       |                                              |
|                       | The IEP Team must review the child\'s IEP    |
|                       | periodically, but not less frequently than   |
|                       | annually, to determine whether the annual    |
|                       | goals for the child are being achieved and   |
|                       | revise the IEP as appropriate. \[20 U.S.C.   |
|                       | 141(d)(4); 34 CFR §300.324(b)(1)\]           |
|                       |                                              |
|                       | **[FAPE]{.underline}**                       |
|                       |                                              |
|                       | The State must ensure that a free            |
|                       | appropriate public education is available to |
|                       | all children with disabilities residing in   |
|                       | the State between the ages of 3 and 21,      |
|                       | inclusive, including children with           |
|                       | disabilities who has been suspended or       |
|                       | expelled from school. \[20 U.S.C.            |
|                       | 1412(a)(1)(A); 34 CFR §300.101(a)\]          |
|                       |                                              |
|                       | **[Highly Qualified Personnel]{.underline}** |
|                       |                                              |
|                       | The SEA must establish and maintain          |
|                       | qualifications to ensure that personnel      |
|                       | necessary to carry out Part B are            |
|                       | appropriately and adequately prepared and    |
|                       | trained including qualifications for related |
|                       | services personnel and paraprofessionals.    |
|                       | The qualifications must be consistent with   |
|                       | any State-approved or State-recognized       |
|                       | certification, licensing, registration, or   |
|                       | other comparable requirements. \[20 U.S.C.   |
|                       | 1412(a)(14)(A) through (B); 34 CFR           |
|                       | §300.156(a) and (b)\]                        |
+-----------------------+----------------------------------------------+
| 5\. Percent of        | To the maximum extent appropriate, children  |
| children with IEPs    | with disabilities, including children in     |
| aged 6 through 21:    | public or private institutions or other care |
|                       | facilities, must be educated with children   |
| > A. Removed from     | who are not disabled. Special classes,       |
| > regular class less  | separate schooling, or other removal of      |
| > than 21% of the     | children with disabilities from the regular  |
| > day;                | educational environment must occur only when |
|                       | the nature or severity of the disability of  |
| B.  Removed from      | a child is such that education in regular    |
|     regular class     | classes with the use of supplementary aids   |
|     greater than 60%  | and services cannot be achieved              |
|     of the day; or    | satisfactorily. \[20 U.S.C. 1412(a)(5)(A);   |
|                       | 34 CFR §300.114(a)\]                         |
| C.  Served in public  |                                              |
|     or private        | The State funding mechanism must not result  |
|     separate schools, | in placements that violate the least         |
|     residential       | restrictive environment (LRE) requirements,  |
|     placements, or    | and the State shall not use a funding        |
|     homebound or      | mechanism by which the State distributes     |
|     hospital          | funds on the basis of the type of setting in |
|     placements.       | which a child is served that will result in  |
|                       | the failure to provide a child with a        |
| \[20 U.S.C.           | disability, including a preschool child with |
| 1416(a)(3)(A)\]       | a disability, FAPE according to the unique   |
|                       | needs of the child as described in the       |
| 6\. Percent of        | child's IEP. \[20 U.S.C. 1412(a)(5)(B)(i);   |
| preschool children    | 34 CFR §300.114(b)(1)\]                      |
| with IEPs who         |                                              |
| received special      | Each LEA or SEA must ensure that the parents |
| education and related | of each child with a disability are members  |
| services in settings  | of any group that makes decisions on the     |
| with typically        | educational placement of their child. \[20   |
| developing peers      | U.S.C. 1414(e); 34 CFR §300.116(a)(1)\]      |
| (e.g., early          |                                              |
| childhood settings,   | The State must ensure that a continuum of    |
| home, and part-time   | alternative placements is available to meet  |
| early                 | the needs of children with disabilities,     |
| childhood/part-time   | including preschool children with            |
| early childhood       | disabilities, for special education and      |
| special education     | related services. \[20 U.S.C. 1412(a)(5); 34 |
| settings).            | CFR §300.115\]                               |
|                       |                                              |
| \[20 U.S.C.           | In determining the educational placement of  |
| 1416(a)(3)(A)\]       | a child with a disability, including a       |
|                       | preschool child with a disability, each      |
|                       | public agency must ensure that the placement |
|                       | decision: is made by a group of persons,     |
|                       | including the parents, and other persons     |
|                       | knowledgeable about the child, the meaning   |
|                       | of the evaluation data, and the placement    |
|                       | options; and is made in conformity with the  |
|                       | LRE provisions of Part B, including 34 CFR   |
|                       | §300.114 through 300.118. \[20 U.S.C.        |
|                       | 1412(a)(5) and 1414(e); 34 CFR §300.116(a)\] |
|                       |                                              |
|                       | The child\'s placement must be: determined   |
|                       | at least annually; based on the child\'s     |
|                       | IEP; and as close as possible to the         |
|                       | child\'s home, unless the parent agrees      |
|                       | otherwise. Unless the IEP of a child with a  |
|                       | disability requires some other arrangement,  |
|                       | the child must be educated in the school     |
|                       | that he or she would attend if nondisabled,  |
|                       | unless the parent agrees otherwise. \[34 CFR |
|                       | §300.116 (b) and (c)\]                       |
|                       |                                              |
|                       | In selecting the LRE, consideration must be  |
|                       | given to any potential harmful effect on the |
|                       | child or on the quality of services that he  |
|                       | or she needs. \[34 CFR §300.116(d)\]         |
|                       |                                              |
|                       | A child with a disability must not be        |
|                       | removed from education in age-appropriate    |
|                       | regular classrooms solely because of needed  |
|                       | modifications in the general curriculum.     |
|                       | \[34 CFR §300.116(e)\]                       |
|                       |                                              |
|                       | In providing or arranging for the provision  |
|                       | of nonacademic and extracurricular services  |
|                       | and activities, including meals, recess      |
|                       | periods, and the services and activities set |
|                       | forth in 34 CFR §300.107, each public agency |
|                       | must ensure that each child with a           |
|                       | disability participates with nondisabled     |
|                       | children in those services and activities to |
|                       | the maximum extent appropriate to the needs  |
|                       | of that child. \[34 CFR §300.117\]           |
|                       |                                              |
|                       | Except as provided in 34 CFR §300.149(d), an |
|                       | SEA must ensure that 34 CFR §300.114 is      |
|                       | effectively implemented, including, if       |
|                       | necessary, making arrangements with public   |
|                       | and private institutions (such as a          |
|                       | memorandum or agreement or special           |
|                       | implementation procedures. \[34 CFR          |
|                       | §300.118\]                                   |
|                       |                                              |
|                       | Each State that receives assistance under    |
|                       | Part B, and the Secretary of the Interior,   |
|                       | shall provide data each year to the          |
|                       | Secretary of Education and the public on the |
|                       | number and percentage of children with       |
|                       | disabilities, by race, ethnicity, limited    |
|                       | English proficiency status, gender, and      |
|                       | disability category, who are: receiving      |
|                       | FAPE; participating in regular education;    |
|                       | and in separate classes, separate schools or |
|                       | facilities, or public or private residential |
|                       | facilities. \[20 U.S.C. 1418(a)(1)(A)(i)     |
|                       | through (iii)\]                              |
|                       |                                              |
|                       | **[IEP Provisions]{.underline}**             |
|                       |                                              |
|                       | The IEP must include a statement of the      |
|                       | child's present levels of academic           |
|                       | achievement and functional performance,      |
|                       | including how the child's disability affects |
|                       | the child's involvement and progress in the  |
|                       | general education curriculum; and a          |
|                       | statement of measurable annual goals,        |
|                       | including academic and functional goals      |
|                       | designed to: meet the child's needs that     |
|                       | result from the child's disability to enable |
|                       | the child to be involved in and make         |
|                       | progress in the general education            |
|                       | curriculum; and meet each of the child's     |
|                       | other educational needs that result from the |
|                       | child's disability. \[20 U.S.C.              |
|                       | 1414(d)(1)(A)(i)(I) and (II); 34 CFR         |
|                       | §300.320(a)(1)(i) and (a)(2)(i)(A) and (B)\] |
|                       |                                              |
|                       | The IEP must include a description of how    |
|                       | the child's progress toward meeting the      |
|                       | annual goals will be measured and when       |
|                       | periodic reports on the progress the child   |
|                       | is making toward meeting the annual goals    |
|                       | (such as through the use of quarterly or     |
|                       | other periodic reports) will be provided.    |
|                       | \[20 U.S.C. 1414(d)(1)(A)(i)(III); 34 CFR    |
|                       | §300.320(a)(3)\]                             |
|                       |                                              |
|                       | The IEP must include a statement of the      |
|                       | special education and related services and   |
|                       | supplementary aids and services, based on    |
|                       | peer-reviewed research to the extent         |
|                       | practicable, to be provided to the child, or |
|                       | on behalf of the child, and a statement of   |
|                       | the program modifications or supports for    |
|                       | school personnel that will be provided for   |
|                       | the child: to advance appropriately toward   |
|                       | attaining the annual goals; to be involved   |
|                       | in and make progress in the general          |
|                       | education curriculum and to participate in   |
|                       | extracurricular and other nonacademic        |
|                       | activities; and to be educated and           |
|                       | participate with other children with         |
|                       | disabilities and nondisabled children. \[20  |
|                       | U.S.C. 1414(d)(1) (A)(i)(IV); 34 CFR §300.   |
|                       | 320(a)(4)\]                                  |
|                       |                                              |
|                       | The IEP must include the projected date for  |
|                       | the beginning of the services and            |
|                       | modifications described and the anticipated  |
|                       | frequency, location, and duration of those   |
|                       | services and modifications. \[20 U.S.C.      |
|                       | 1414(d)(1)(A)(i)(VII); 34 CFR                |
|                       | §300.320(a)(7)\]                             |
|                       |                                              |
|                       | The IEP, beginning not later than the first  |
|                       | IEP to be in effect when the child is 16 and |
|                       | updated annually thereafter, must include    |
|                       | appropriate measurable postsecondary goals   |
|                       | based upon age appropriate transition        |
|                       | assessments related to training, education,  |
|                       | employment and where appropriate,            |
|                       | independent living skills; the transition    |
|                       | services (including courses of study) needed |
|                       | to assist the child in reaching those goals; |
|                       | and beginning not later than 1 year before   |
|                       | the child reaches the age of majority under  |
|                       | State law, a statement that the child has    |
|                       | been informed of the child\'s rights under   |
|                       | this title, if any, that will transfer to    |
|                       | the child on reaching the age of majority    |
|                       | under 20 U.S.C. 1415(m). \[[20 U.S.C.        |
|                       | 1414(]{.smallcaps}d)(1)(A)(i)(VIII); 34 CFR  |
|                       | §300.320(b)\]                                |
|                       |                                              |
|                       | The IEP Team must be a group of individuals  |
|                       | composed of: the parents of a child with a   |
|                       | disability; not less than one regular        |
|                       | education teacher of such child; not less    |
|                       | than one special education teacher or        |
|                       | provider of such child; a representative of  |
|                       | the LEA; an individual who can interpret the |
|                       | instructional implications of evaluation     |
|                       | results (who may be the child's regular or   |
|                       | special education teacher); at the           |
|                       | discretion of the parent or the agency,      |
|                       | other individuals who have knowledge or      |
|                       | special expertise regarding the child,       |
|                       | including related services personnel as      |
|                       | appropriate; and whenever appropriate, the   |
|                       | child with a disability. \[20 U.S.C.         |
|                       | 1414(d)(1)(B); 34 CFR §300.321(a)\]          |
|                       |                                              |
|                       | The IEP Team must include a representative   |
|                       | of the LEA who is knowledgeable about the    |
|                       | general education curriculum. \[20 U.S.C.    |
|                       | 1414(d)(1)(B)(iv)(II); 34 CFR                |
|                       | §300.321(a)(4)(ii)\]                         |
|                       |                                              |
|                       | In developing each child's IEP, the IEP Team |
|                       | must consider the strengths of the child;    |
|                       | the concerns of the parents for enhancing    |
|                       | the education for their child, the results   |
|                       | of the initial evaluation or most recent     |
|                       | evaluation of the child; and the academic,   |
|                       | developmental and functional needs of the    |
|                       | child. \[20 U.S.C. 1414(d)(3)(A); 34 CFR     |
|                       | §300.324(a)(1)\]                             |
|                       |                                              |
|                       | In developing each child\'s IEP, the IEP     |
|                       | Team must also consider the special factors  |
|                       | included at 20 U.S.C. 1414(d)(3)(B)          |
|                       | including positive behavioral interventions  |
|                       | and supports, language, Braille,             |
|                       | communication and assistive technology       |
|                       | needs. \[20 U.S.C. 144(d)(3)(B); 34 CFR      |
|                       | §300.324(a)(2)\]                             |
|                       |                                              |
|                       | The IEP Team must review the child\'s IEP    |
|                       | periodically, but not less frequently than   |
|                       | annually, to determine whether the annual    |
|                       | goals for the child are being achieved and   |
|                       | revise the IEP as appropriate. \[20 U.S.C.   |
|                       | 1414(d)(4); 34 CFR §300.324(b)(1)\]          |
|                       |                                              |
|                       | **[FAPE]{.underline}**                       |
|                       |                                              |
|                       | The State must ensure that a free            |
|                       | appropriate public education is available to |
|                       | all children with disabilities residing in   |
|                       | the State between the ages of 3 and 21,      |
|                       | inclusive, including children with           |
|                       | disabilities who has been suspended or       |
|                       | expelled from school. \[20 U.S.C.            |
|                       | 1412(a)(1)(A); 34 CFR §300.101(a)\]          |
|                       |                                              |
|                       | **[Highly Qualified Personnel]{.underline}** |
|                       |                                              |
|                       | The SEA must establish and maintain          |
|                       | qualifications to ensure that personnel      |
|                       | necessary to carry out Part B are            |
|                       | appropriately and adequately prepared and    |
|                       | trained including qualifications for related |
|                       | services personnel and paraprofessionals.    |
|                       | The qualifications must be consistent with   |
|                       | any State-approved or State-recognized       |
|                       | certification, licensing, registration, or   |
|                       | other comparable requirements. \[20 U.S.C.   |
|                       | 1412(a)(14)(A) and (B); 34 CFR §300.156(a)   |
|                       | and (b)\]                                    |
+-----------------------+----------------------------------------------+
| > 8\. Percent of      | The agency proposing to conduct an initial   |
| > parents with a      | evaluation to determine if the child is a    |
| > child receiving     | child with a disability as defined in 20     |
| > special education   | U.S.C. 1401(3) must obtain informed consent  |
| > services who report | from the parent before conducting the        |
| > that schools        | evaluation. If the parent does not provide   |
| > facilitated parent  | consent or fails to respond to the request   |
| > involvement as a    | to provide consent, the LEA may pursue the   |
| > means of improving  | initial evaluation by utilizing the          |
| > services and        | procedures described in 20 U.S.C. 1415       |
| > results for         | except to the extent inconsistent with State |
| > children with       | law. \[20 U.S.C. 1414(a)(1)(D); 34 CFR       |
| > disabilities.       | §300.300(a)\]                                |
|                       |                                              |
| \[20 U.S.C.           | The public agency must provide notice to the |
| 1416(a)(3)(A)\]       | parents of a child with a disability, in     |
|                       | accordance with 34 CFR §300. 503, that       |
|                       | describes any evaluation procedures the      |
|                       | agency proposes to conduct. \[20 U.SC.       |
|                       | 1414(b)(1); 34 CFR §300.304(a)\]             |
|                       |                                              |
|                       | In conducting the initial evaluation, the    |
|                       | LEA must use information provided by the     |
|                       | parent to assist in determining: whether the |
|                       | child is a child with a disability, and the  |
|                       | content of the child's IEP. \[20 U.S.C.      |
|                       | 1414(b)(2)(A); 34 CFR §300.304(b)(1)\]       |
|                       |                                              |
|                       | As part of an initial evaluation (if         |
|                       | appropriate) and as part of any              |
|                       | reevaluation, the IEP Team and other         |
|                       | qualified professionals, as appropriate,     |
|                       | must review evaluations and information      |
|                       | provided by the parents of the child and     |
|                       | consider input from the child's parents to   |
|                       | identify what additional data, if any, are   |
|                       | needed. \[20 U.S.C. 1414(c)(1)(A)(i); 34 CFR |
|                       | §300.305(a)\]                                |
|                       |                                              |
|                       | When it is determined that no additional     |
|                       | data are needed for reevaluation of the      |
|                       | child with a disability, the parents of the  |
|                       | child must be notified regarding: (1) the    |
|                       | determination and the reasons for the        |
|                       | determination; and (2) their right to        |
|                       | request an assessment to determine whether   |
|                       | the child continues to be a child with a     |
|                       | disability and to determine the child's      |
|                       | educational needs. \[20 U.S.C.               |
|                       | 1414(c)(4)(A); 34 CFR §300.305(d)\]          |
|                       |                                              |
|                       | Upon completion of the administration of     |
|                       | assessments and other evaluation measures, a |
|                       | team of qualified professionals and the      |
|                       | parent of the child make the determination   |
|                       | of whether the child is a child with a       |
|                       | disability and the educational needs of the  |
|                       | child, and a copy of the evaluation report   |
|                       | and the documentation of determination of    |
|                       | eligibility shall be given to the parent.    |
|                       | \[20 U.S.C. 1414(b)(4); 34 CFR §300.306(a)\] |
|                       |                                              |
|                       | The agency responsible for providing FAPE to |
|                       | a child with a disability shall seek to      |
|                       | obtain informed consent from the parent      |
|                       | before providing special education and       |
|                       | related services. \[20 U.S.C.                |
|                       | 1414(a)(1)(D)(i)(II); 34 CFR                 |
|                       | §300.300(b)(1)\]                             |
|                       |                                              |
|                       | The public agency establishes and maintains  |
|                       | procedures to ensure that parents of         |
|                       | children with disabilities are guaranteed    |
|                       | the procedural safeguards required by 20     |
|                       | U.S.C. 1415 that ensure their child receives |
|                       | FAPE. \[20 U.S.C. 1415; 34 CFR §§300.500,    |
|                       | 501, 503 and 504\]                           |
|                       |                                              |
|                       | **[IEP Provisions]{.underline}**             |
|                       |                                              |
|                       | IEP Team must mean a group of individuals    |
|                       | that includes, among other required          |
|                       | individuals, the parents of a child with a   |
|                       | disability. \[20 U.S.C. 1414(d)(1)(B); 34    |
|                       | CFR §300.321(a)(1)\]                         |
|                       |                                              |
|                       | A member of the IEP Team may be excused from |
|                       | attending an IEP meeting in whole or in      |
|                       | part, if the parent and the LEA agree or     |
|                       | consent, respectively, to the excusal in     |
|                       | writing and the member submits in writing to |
|                       | the parent and the IEP Team input into the   |
|                       | development of the IEP when the meeting      |
|                       | involves a modification to or discussion of  |
|                       | the member's area of the curriculum or       |
|                       | related services. \[20 U.S.C.                |
|                       | 1414(d)(1)(C)(i) through (iii); 34 CFR       |
|                       | §300.321(e)\]                                |
|                       |                                              |
|                       | In developing each child's IEP, the IEP Team |
|                       | shall consider the concerns of the parents   |
|                       | for enhancing the education of their child.  |
|                       | \[20 U.S.C. 1414(d)(3)(A)(ii); 34 CFR        |
|                       | §300.324(a)(1)(ii)\]                         |
|                       |                                              |
|                       | The public agency shall ensure that the IEP  |
|                       | Team revises the IEP as appropriate to       |
|                       | address information about the child provided |
|                       | to or by the parents. \[20 U.S.C.            |
|                       | 1414(d)(4)(A)(ii)(III); 34 CFR §300.         |
|                       | 324(b)(1)(ii)(C)\]                           |
|                       |                                              |
|                       | The public agency must ensure that the       |
|                       | parents of each child with a disability are  |
|                       | members of any group that makes decisions on |
|                       | the educational placement of their child.    |
|                       | \[20 U.S.C. 1414(e); 34 CFR §300.327\]       |
|                       |                                              |
|                       | When conducting IEP Team meetings and        |
|                       | placement meetings and carrying out          |
|                       | administrative matters under 20 U.S.C. 1415  |
|                       | (such as scheduling, exchange of witness     |
|                       | lists, and status conferences), the parent   |
|                       | of a child with a disability and a public    |
|                       | agency may agree to use alternative means of |
|                       | meeting participation, such as video         |
|                       | conferences and conference calls. \[20       |
|                       | U.S.C. 1414(f); 34 CFR §300.328\]            |
+-----------------------+----------------------------------------------+
| 9\. Percent of        | The State must have in effect policies and   |
| districts with        | procedures designed to prevent the           |
| disproportionate      | inappropriate over identification or         |
| representation of     | disproportionate representation by race and  |
| racial and ethnic     | ethnicity of children as children with       |
| groups in special     | disabilities, including children with        |
| education and related | disabilities with a particular impairment as |
| services that is the  | described in 34 CFR §300. 8, consistent with |
| result of             | 20 U.S.C. 1418(d). \[20 U.S.C 1412(a)(24);   |
| inappropriate         | 34 CFR §300.173\]                            |
| identification.       |                                              |
|                       | In conducting the evaluation, the LEA shall: |
| \[20 U.S.C.           | use a variety of assessment tools and        |
| 1416(a)(3)(C)\]       | strategies to gather relevant functional,    |
|                       | developmental, and academic information,     |
| 10\. Percent of       | including information provided by the        |
| districts with        | parent, that may assist in determining:      |
| disproportionate      | whether the child is a child with a          |
| representation of     | disability; and the content of the child's   |
| racial and ethnic     | IEP, including information related to        |
| groups in specific    | enabling the child to be involved in and     |
| disability categories | progress in the general education            |
| that is the result of | curriculum, or, for preschool children, to   |
| inappropriate         | participate in appropriate activities; not   |
| identification.       | use any single measure or assessment as the  |
|                       | sole criterion for determining whether a     |
| \[20 U.S.C.           | child is a child with a disability or        |
| 1416(a)(3)(C)\]       | determining an appropriate educational       |
|                       | program for the child; and use technically   |
|                       | sound instruments that may assess the        |
|                       | relative contribution of cognitive and       |
|                       | behavioral factors, in addition to physical  |
|                       | or developmental factors. \[20 U.S.C.        |
|                       | 1414(b)(2); 34 CFR §300.304(b)\]             |
|                       |                                              |
|                       | Each LEA shall ensure that assessments and   |
|                       | other evaluation materials used to assess a  |
|                       | child under 20 U.S.C. 1414(b): are selected  |
|                       | and administered so as not to be             |
|                       | discriminatory on a racial or cultural       |
|                       | basis; are provided and administered in the  |
|                       | language and form most likely to yield       |
|                       | accurate information on what the child knows |
|                       | and can do academically, developmentally,    |
|                       | and functionally, unless it is not feasible  |
|                       | to so provide or administer; are used for    |
|                       | purposes for which the assessments or        |
|                       | measures are valid and reliable; are         |
|                       | administered by trained and knowledgeable    |
|                       | personnel; and are administered in           |
|                       | accordance with any instructions provided by |
|                       | the producer of such assessments; the child  |
|                       | is assessed in all areas of suspected        |
|                       | disability; assessment tools and strategies  |
|                       | that provide relevant information that       |
|                       | directly assists persons in determining the  |
|                       | educational needs of the child are provided; |
|                       | and assessments of children with             |
|                       | disabilities who transfer from one school    |
|                       | district to another school district in the   |
|                       | same academic year are coordinated with such |
|                       | children's prior and subsequent schools, as  |
|                       | necessary and as expeditiously as possible,  |
|                       | to ensure prompt completion of full          |
|                       | evaluations. \[20 U.S.C. 1414(b)(3); 34 CFR  |
|                       | §300.304(c)\]                                |
|                       |                                              |
|                       | Upon completion of the administration of     |
|                       | assessments and other evaluation measures:   |
|                       | the determination of whether the child is a  |
|                       | child with a disability as defined in 20     |
|                       | U.S.C. 1401 (3) and the educational needs of |
|                       | the child shall be made by a team of         |
|                       | qualified professionals and the parent of    |
|                       | the child in accordance with 20 U.S.C.       |
|                       | 1414(b)(5); and a copy of the evaluation     |
|                       | report and the documentation of              |
|                       | determination of eligibility shall be given  |
|                       | to the parent. \[20 U.S.C. 1414(b)(4); 34    |
|                       | CFR §300.306(a)\]                            |
|                       |                                              |
|                       | In making a determination of eligibility, a  |
|                       | child shall not be determined to be a child  |
|                       | with a disability if the determinant factor  |
|                       | for such determination is: lack of           |
|                       | appropriate instruction in reading,          |
|                       | including in the essential components of     |
|                       | reading instruction (as defined in Section   |
|                       | 1208(3) of the Elementary and Secondary      |
|                       | Education Act of 1965); lack of instruction  |
|                       | in math; or limited English proficiency.     |
|                       | \[20 U.S.C. 1414(b)(5); 34 CFR §300.306(b)\] |
|                       |                                              |
|                       | A State must adopt criteria for determining  |
|                       | whether a child has a specific learning      |
|                       | disability as defined in 20 U.S.C. 1401(30). |
|                       | \[20 U.S.C. 1221e-3; 1401(30) and            |
|                       | 1414(b)(6); 34 CFR §300.307(a)\]             |
|                       |                                              |
|                       | When determining whether a child has a       |
|                       | specific learning disability as defined in   |
|                       | 20 U.S.C. 1401(30), an LEA shall not be      |
|                       | required to take into consideration whether  |
|                       | a child has a severe discrepancy between     |
|                       | achievement and intellectual ability. In     |
|                       | determining whether a child has a specific   |
|                       | learning disability, an LEA may use a        |
|                       | process that determines if the child         |
|                       | responds to scientific, research-based       |
|                       | intervention as a part of the evaluation     |
|                       | procedures described in 20 U.S.C. 1414(b)(2) |
|                       | and (3). \[20 U.S.C. 1414(b)(6)\]            |
|                       |                                              |
|                       | Each SEA and the Secretary of Interior must  |
|                       | provide for the collection and examination   |
|                       | of data to determine if significant          |
|                       | disproportionality based on race and         |
|                       | ethnicity is occurring in the State and LEA  |
|                       | with respect to: the identification of       |
|                       | children as children with disabilities,      |
|                       | including the identification of children     |
|                       | with a particular impairment; the placement  |
|                       | in particular educational settings of such   |
|                       | children; and the incidence, duration, type  |
|                       | of disciplinary actions, including           |
|                       | suspensions and expulsions. In the case of a |
|                       | determination of significant                 |
|                       | disproportionality, the State and the        |
|                       | Secretary of Interior must: provide for the  |
|                       | review and, if appropriate, revision of the  |
|                       | policies, procedures, and practices used in  |
|                       | such identification or placement to ensure   |
|                       | that such policies, procedures, and          |
|                       | practices comply with the requirements of    |
|                       | Part B; require any LEA identified to        |
|                       | reserve the maximum amount of funds under 20 |
|                       | U.S.C. 1413(f) to provide comprehensive      |
|                       | coordinated early intervening services to    |
|                       | serve children in the LEA, particularly      |
|                       | children in those groups that were           |
|                       | significantly over identified; and require   |
|                       | the LEA to publicly report on the revision   |
|                       | of policies, practices, and procedures. \[20 |
|                       | U.S.C. 1418(d); 34 CFR §300.646\]            |
|                       |                                              |
|                       | An LEA may not use more than 15 percent of   |
|                       | the amount the LEA receives under this part  |
|                       | for any fiscal year, in combination with     |
|                       | other amounts (which may include amounts     |
|                       | other than education funds), to develop and  |
|                       | implement coordinated, early intervening     |
|                       | services, for students in kindergarten       |
|                       | through grade 12 (with a particular emphasis |
|                       | on students in kindergarten through grade 3) |
|                       | who have not been identified as needing      |
|                       | special education or related services but    |
|                       | who need additional academic and behavioral  |
|                       | support to succeed in a general education    |
|                       | environment. \[20 U.S.C. 1413(f)(1); 34CFR   |
|                       | 300.226(a)\]                                 |
|                       |                                              |
|                       | In implementing coordinated early            |
|                       | intervening services under 20 U.S.C.         |
|                       | 1413(f), the LEA may carry out activities    |
|                       | that include: professional development for   |
|                       | teachers and other school staff to enable    |
|                       | such personnel to deliver scientifically     |
|                       | based academic instruction and behavioral    |
|                       | interventions, including scientifically      |
|                       | based literacy instruction, and, where       |
|                       | appropriate, instruction on the use of       |
|                       | adaptive and instructional software; and     |
|                       | providing educational and behavioral         |
|                       | evaluations, services, and supports,         |
|                       | including scientifically based literacy      |
|                       | instruction. \[20 U.S.C. 1413(f)(2); 34CFR   |
|                       | 300.226(b)\]                                 |
|                       |                                              |
|                       | Each LEA that develops and maintains         |
|                       | coordinated, early intervening services      |
|                       | shall annually report to the SEA on the      |
|                       | number of students served under 20 U.S.C.    |
|                       | 1413(f) and the number of students served    |
|                       | under 20 U.S.C. 1413(f) who subsequently     |
|                       | receive special education and related        |
|                       | services under this title during the         |
|                       | preceding 2-year period. \[20 U.S.C.         |
|                       | 1413(f)(4); 34CFR 300.226(d)\]               |
+-----------------------+----------------------------------------------+
| 11. Percent of        | All children with disabilities residing in   |
|     children with     | the State, including children with           |
|     parental consent  | disabilities who are homeless children or    |
|     to evaluate who   | are wards of the State and children with     |
|     were evaluated    | disabilities attending private schools,      |
|     and eligibility   | regardless of the severity of their          |
|     determined within | disabilities, and who are in need of special |
|     60 days (or State | education and related services, are          |
|     established       | identified, located, and evaluated and a     |
|     timeframe).       | practical method is developed and            |
|                       | implemented to determine which children with |
| > \[20 U.S.C.         | disabilities are currently receiving needed  |
| > 1416(a)(3)(B)\]     | special education and related services. \[20 |
|                       | U.S.C 1412 (a)(3); 34 CFR §300.111(a)\]      |
|                       |                                              |
|                       | The child find requirement shall apply with  |
|                       | respect to children with disabilities in the |
|                       | State who are enrolled in private, including |
|                       | religious, elementary schools and secondary  |
|                       | schools. \[20 U.S.C. 1412(a)(10)(A)(ii); 34  |
|                       | CFR §300.131\]                               |
|                       |                                              |
|                       | An SEA, other State agency, or LEA shall     |
|                       | conduct a full and individual initial        |
|                       | evaluation, before the initial provision of  |
|                       | special education and related services to a  |
|                       | child with a disability. Either a parent of  |
|                       | a child, SEA, other State agency, or LEA may |
|                       | initiate a request for an initial evaluation |
|                       | to determine if the child is a child with a  |
|                       | disability. Such initial evaluation shall    |
|                       | consist of procedures to determine: (1) if a |
|                       | child is a child with a disability (as       |
|                       | defined in 20 U.S.C. 1401) within 60 days of |
|                       | receiving parental consent for the           |
|                       | evaluation, or, if the State establishes a   |
|                       | timeframe within which the evaluation must   |
|                       | be conducted, within such timeframe; and (2) |
|                       | the educational needs of such child. \[20    |
|                       | U.S.C. 1414(a)(1)(A) through (C); 34 CFR     |
|                       | §300.301(a) through (c)\]                    |
|                       |                                              |
|                       | The 60-day timeframe shall not apply to an   |
|                       | LEA if a child enrolls in a school served by |
|                       | the LEA after that timeframe has begun and   |
|                       | prior determination by the child's previous  |
|                       | LEA as to whether the child is a child with  |
|                       | a disability, but only if the subsequent LEA |
|                       | is making sufficient progress to ensure a    |
|                       | prompt completion of the evaluation, and the |
|                       | parent and subsequent LEA agree to a         |
|                       | specific time when the evaluation will be    |
|                       | completed; or the parent of a child          |
|                       | repeatedly fails or refuses to produce the   |
|                       | child for the evaluation. \[20 U.S.C.        |
|                       | 1414(a)(1)(C)(ii); 34 CFR §300.301(d)\]      |
|                       |                                              |
|                       | The agency proposing to conduct an initial   |
|                       | evaluation to determine if the child         |
|                       | qualifies as a child with a disability as    |
|                       | defined in 20 U.S.C. 1401 shall obtain       |
|                       | informed consent from the parent of such     |
|                       | child before conducting the evaluation.      |
|                       | Parental consent for evaluation shall not be |
|                       | construed as consent for placement for       |
|                       | receipt of special education and related     |
|                       | services. \[20 U.S.C 1414(a)(1)(D)(i)(I); 34 |
|                       | CFR §300.300(a)\]                            |
|                       |                                              |
|                       | If the parent of a child does not provide    |
|                       | consent for an initial evaluation under 20   |
|                       | U.S.C. 1414(a)(1)(D)(i)(I), or the parent    |
|                       | fails to respond to a request to provide the |
|                       | consent, the LEA may pursue the initial      |
|                       | evaluation of the child by utilizing the     |
|                       | procedures described in 20 U.S.C. 1415,      |
|                       | except to the extent inconsistent with State |
|                       | law relating to such parental consent. \[20  |
|                       | U.S.C 1414(a)(1)(D)(ii)(I); 34 CFR           |
|                       | §300.300(a)(3)\]                             |
|                       |                                              |
|                       | In conducting the evaluation, the LEA shall  |
|                       | use a variety of assessment tools and        |
|                       | strategies to gather relevant functional,    |
|                       | developmental, and academic information,     |
|                       | including information provided by the        |
|                       | parent, that may assist in determining:      |
|                       | whether the child is a child with a          |
|                       | disability; and the content of the child's   |
|                       | IEP, including information related to        |
|                       | enabling the child to be involved in and     |
|                       | progress in the general education            |
|                       | curriculum, or, for preschool children, to   |
|                       | participate in appropriate activities; not   |
|                       | use any single measure or assessment as the  |
|                       | sole criterion for determining whether a     |
|                       | child is a child with a disability or        |
|                       | determining an appropriate educational       |
|                       | program for the child; and use technically   |
|                       | sound instruments that may assess the        |
|                       | relative contribution of cognitive and       |
|                       | behavioral factors, in addition to physical  |
|                       | or developmental factors. \[20 U.S.C.        |
|                       | 1414(b)(2); 34 CFR §300.304(b)\]             |
|                       |                                              |
|                       | Each public agency shall ensure that         |
|                       | assessments and other evaluation materials   |
|                       | used to evaluate a child under 20 U.S.C.     |
|                       | 1414(b): are selected and administered so as |
|                       | not to be discriminatory on a racial or      |
|                       | cultural basis; are provided and             |
|                       | administered in the language and form most   |
|                       | likely to yield accurate information on what |
|                       | the child knows and can do academically,     |
|                       | developmentally, and functionally, unless it |
|                       | is clearly not feasible to so provide or     |
|                       | administer; are used for purposes for which  |
|                       | the assessments or measures are valid and    |
|                       | reliable; are administered by trained and    |
|                       | knowledgeable personnel; and are             |
|                       | administered in accordance with any          |
|                       | instructions provided by the producer of     |
|                       | such assessments; the child is assessed in   |
|                       | all areas of suspected disability;           |
|                       | assessment tools and strategies that provide |
|                       | relevant information that directly assists   |
|                       | persons in determining the educational needs |
|                       | of the child are provided; and assessments   |
|                       | of children with disabilities who transfer   |
|                       | from one school district to another school   |
|                       | district in the same academic year are       |
|                       | coordinated with such children's prior and   |
|                       | subsequent schools, as necessary and as      |
|                       | expeditiously as possible, to ensure prompt  |
|                       | completion of full evaluations. \[20 U.S.C.  |
|                       | 1414(b)(3); 34 CFR §300.304(c)\]             |
|                       |                                              |
|                       | Upon completion of the administration of     |
|                       | assessments and other evaluation measures,   |
|                       | the determination of whether the child is a  |
|                       | child with a disability as defined in 20     |
|                       | U.S.C. 1402(3) and the educational needs of  |
|                       | the child shall be made by a team of         |
|                       | qualified professionals and the parent of    |
|                       | the child in accordance with 20 U.S.C.       |
|                       | 1414(b)(5); and a copy of the evaluation     |
|                       | report and the documentation of              |
|                       | determination of eligibility shall be given  |
|                       | to the parent. \[20 U.S.C. 1414(b)(4); 34    |
|                       | CFR §300.306(a)\]                            |
|                       |                                              |
|                       | In making a determination of eligibility, a  |
|                       | child shall not be determined to be a child  |
|                       | with a disability if the determinant factor  |
|                       | for such determination is: lack of           |
|                       | appropriate instruction in reading,          |
|                       | including in the essential components of     |
|                       | reading instruction (as defined in Section   |
|                       | 1208(3) of the Elementary and Secondary      |
|                       | Education Act of 1965); lack of instruction  |
|                       | in math; or limited English proficiency.     |
|                       | \[20 U.S.C. 1414(b)(5); 34 CFR               |
|                       | §300.306(a)(12)\]                            |
|                       |                                              |
|                       | When determining whether a child has a       |
|                       | specific learning disability as defined in   |
|                       | 20 U.S.C. 1402, an LEA shall not be required |
|                       | to take into consideration whether a child   |
|                       | has a severe discrepancy between achievement |
|                       | and intellectual ability. In determining     |
|                       | whether a child has a specific learning      |
|                       | disability, an LEA may use a process that    |
|                       | determines if the child responds to          |
|                       | scientific, research-based intervention as a |
|                       | part of the evaluation procedures described  |
|                       | in 20 U.S.C. 1414(b)(2) and (3). \[20 U.S.C. |
|                       | 1414(b)(6); 34 CFR§300.307(a)\]              |
|                       |                                              |
|                       | The Child find requirements apply to highly  |
|                       | mobile children with disabilities (such as   |
|                       | migrant and homeless children) and children  |
|                       | who are suspected of being a child with a    |
|                       | disability and in need of special education  |
|                       | and related services even though they are    |
|                       | advancing from grade to grade. \[20 U.S.C.   |
|                       | 1412(a)(3); 34 CFR §300.111(c)\]             |
+-----------------------+----------------------------------------------+
| 12. Percent of        | Children participating in early intervention |
|     children referred | programs assisted under Part C, and who will |
|     by Part C prior   | participate in preschool programs assisted   |
|     to age 3 and who  | under Part B, experience a smooth and        |
|     are found         | effective transition to those preschool      |
|     eligible for Part | programs. By the third birthday of such a    |
|     B who have an IEP | child, an IEP, or, if consistent with 20     |
|     developed and     | U.S.C. 1414(d)(2)(B) and 1436(d), an IFSP    |
|     implemented by    | has been developed and is being implemented  |
|     their third       | for the child. The LEA will participate in   |
|     birthdays.        | transition planning conferences arranged by  |
|                       | the lead agency. \[[20 U.S.C.                |
| \[20 U.S.C.           | 1412(]{.smallcaps}a[)(9); 34 CFR             |
| 1416(a)(3)(B)\]       | §300.124\]]{.smallcaps}                      |
|                       |                                              |
|                       | In the case of a child who was previously    |
|                       | served under Part C, an invitation to the    |
|                       | initial IEP meeting must, at the request of  |
|                       | the parent, be sent to the Part C service    |
|                       | coordinator or other representatives of the  |
|                       | Part C system to assist with smooth          |
|                       | transition services. \[20 U.S.C.             |
|                       | 1414(d)(1)(D); 34 CFR §300.321(f)\]          |
|                       |                                              |
|                       | In the case of a child with a disability     |
|                       | aged 3 through 5 (or, at the discretion of   |
|                       | the SEA, a 2-year-old child with a           |
|                       | disability who will turn age 3 during the    |
|                       | school year), the IEP Team must consider the |
|                       | IFSP. The IFSP may serve as the IEP of the   |
|                       | child if using that plan as the IEP is       |
|                       | consistent with State policy and agreed to   |
|                       | by the agency and the child\'s parents. \[20 |
|                       | U.S.C. 1414(d)(2)(B); 34 CFR §300.323(b)\]   |
+-----------------------+----------------------------------------------+
| 15. General           | The SEA must submit a plan that provides     |
|     supervision       | assurances to the Secretary that the State   |
|     system (including | has in effect policies and procedures to     |
|     monitoring,       | ensure that the State meets each of the      |
|     complaints,       | conditions of 20 U.S.C. 1412. \[20 U.S.C.    |
|     hearings, etc.)   | 1412; 34 CFR §300.100\]                      |
|     identifies and    |                                              |
|     corrects          | The SEA is responsible for the joint         |
|     noncompliance as  | administration, with the Lead Agency for     |
|     soon as possible  | Part C, regarding the flexibility policy to  |
|     but in no case    | serve children three years of age until      |
|     later than one    | entrance into elementary school. \[20 U.S.C. |
|     year from         | 1435(c)\]                                    |
|     identification.   |                                              |
|                       | The SEA must ensure that the requirements of |
| \[20 U.S.C.           | Part B are met. The SEA must ensure that all |
| 1416(a)(3)(B)\]       | educational programs for children with       |
|                       | disabilities in the State, including all     |
|                       | such programs administered by any other      |
|                       | State agency or local agency, are under the  |
|                       | general supervision of individuals in the    |
|                       | State who are responsible for educational    |
|                       | programs for children with disabilities; and |
|                       | meet the educational standards of the SEA.   |
|                       | The SEA must ensure, in carrying out Part B  |
|                       | with respect to homeless children, the       |
|                       | requirements of subtitle B of title VII of   |
|                       | the McKinney-Vento Homeless Assistance Act   |
|                       | (42 U.S.C. 11431 et seq.) are met. \[20      |
|                       | U.S.C. 1412(a)(11); 34 CFR §300.149\]        |
|                       |                                              |
|                       | Funds paid to a State under Part B must be   |
|                       | expended in accordance with all the          |
|                       | provisions of Part B. Funds paid to a State  |
|                       | under Part B must not be commingled with     |
|                       | State funds. Except as provided by 20 U.S.C. |
|                       | 1413, funds paid to a State under Part B     |
|                       | will be used to supplement the level of      |
|                       | Federal, State, and local funds (including   |
|                       | funds that are not under the direct control  |
|                       | of State or local educational agencies)      |
|                       | expended for special education and related   |
|                       | services provided to children with           |
|                       | disabilities under Part B and in no case     |
|                       | used to supplant such Federal, State, and    |
|                       | local funds, except that, where the State    |
|                       | provides clear and convincing evidence that  |
|                       | all children with disabilities have          |
|                       | available to them FAPE, the Secretary may    |
|                       | waive, in whole or in part, these            |
|                       | requirements if the Secretary concurs with   |
|                       | the evidence provided by the State. \[20     |
|                       | U.S.C. 1412(a)(17); 34 CFR §300.162\]        |
|                       |                                              |
|                       | The State must not reduce the amount of      |
|                       | State financial support for special          |
|                       | education and related services for children  |
|                       | with disabilities, or otherwise made         |
|                       | available because of the excess costs of     |
|                       | educating those children, below the amount   |
|                       | of that support for the preceding fiscal     |
|                       | year. The Secretary shall reduce the         |
|                       | allocation of funds under 20 U.S.C. 1411 for |
|                       | any fiscal year following the fiscal year in |
|                       | which the State fails to comply with this    |
|                       | requirement by the same amount by which the  |
|                       | State fails to meet the requirement. \[20    |
|                       | U.S.C. 1412(a)(18); 34 CFR §300.163(a) and   |
|                       | (b)\]                                        |
|                       |                                              |
|                       | Prior to the adoption of any policies and    |
|                       | procedures needed to comply with 20 U.S.C.   |
|                       | 1412 (including any amendments to such       |
|                       | policies and procedures), the State must     |
|                       | ensure that there are public hearings,       |
|                       | adequate notice of the hearings, and an      |
|                       | opportunity for comment available to the     |
|                       | general public, including individuals with   |
|                       | disabilities and parents of children with    |
|                       | disabilities. \[20 U.S.C. 1412(a)(19); 34    |
|                       | CFR §300.165(a)\]                            |
|                       |                                              |
|                       | The State shall establish and maintain an    |
|                       | advisory panel whose duties should include:  |
|                       | advising the SEA of needs within the State;  |
|                       | commenting publicly on any rules or          |
|                       | regulations proposed by the State; advising  |
|                       | the SEA in developing evaluations and        |
|                       | reporting on data to the Secretary under 20  |
|                       | U.S.C. 1418; advising the SEA in developing  |
|                       | corrective action plans to address findings  |
|                       | identified in Federal monitoring reports     |
|                       | under Part B; and advising the SEA in        |
|                       | developing and implementing policies         |
|                       | relating to the coordination of services for |
|                       | children with disabilities. \[20 U.S.C.      |
|                       | 1412(a)(21); 34 CFR §§300.167 through 169\]  |
|                       |                                              |
|                       | The SEA must ensure that each LEA submits a  |
|                       | plan and provides assurances that the plan   |
|                       | is implemented consistent with State         |
|                       | policies and procedures as established under |
|                       | 20 U.S.C. 1412. \[20 U.S.C. 1413(a); 34 CFR  |
|                       | §300.200\]                                   |
|                       |                                              |
|                       | The State must monitor implementation of     |
|                       | Part B by LEAs; and enforce Part B in        |
|                       | accordance with 20 U.S.C. 1416(a)(3) and     |
|                       | (e). \[20 U.S.C. 1416(a)(1)(C); 34 CFR       |
|                       | §300.600\]                                   |
|                       |                                              |
|                       | The primary focus of State monitoring        |
|                       | activities shall be on improving educational |
|                       | results and functional outcomes for all      |
|                       | children with disabilities; and ensuring     |
|                       | that States meet the program requirements    |
|                       | under Part B, with a particular emphasis on  |
|                       | those requirements that are most closely     |
|                       | related to improving educational results for |
|                       | children with disabilities. \[20 U.S.C.      |
|                       | 1416(a)(2); 34 CFR §300.149(a)\]             |
|                       |                                              |
|                       | The Secretary shall monitor the States, and  |
|                       | shall require each State to monitor the LEAs |
|                       | located in the State using quantifiable      |
|                       | indicators in each of the following priority |
|                       | areas, and using such qualitative indicators |
|                       | as are needed to adequately measure          |
|                       | performance in the following priority areas: |
|                       | provision of FAPE in the LRE; State exercise |
|                       | of general supervisory authority, including  |
|                       | child find, effective monitoring, the use of |
|                       | resolution sessions, mediation, voluntary    |
|                       | binding arbitration, and a system of         |
|                       | transition services as defined in 20 U.S.C.  |
|                       | 1402(34) and 1437(a)(9); and                 |
|                       | disproportionate representation of racial    |
|                       | and ethnic groups in special education and   |
|                       | related services, to the extent the          |
|                       | representation is the result of              |
|                       | inappropriate identification and should      |
|                       | consider other relevant information and      |
|                       | data. \[20 U.S.C. 1416(a)(3); 34 CFR         |
|                       | §§300.149(b) and 300.600(c)\]                |
|                       |                                              |
|                       | Each State must submit a State Performance   |
|                       | Plan (SPP). As a part of the SPP, each State |
|                       | must establish measurable and rigorous       |
|                       | targets for the indicators established under |
|                       | the priority areas. The State must report    |
|                       | annually to the public on the performance of |
|                       | each LEA located in the State on the targets |
|                       | in the SPP. The State must make the SPP      |
|                       | available through public means, including by |
|                       | posting on the website of the SEA,           |
|                       | distribution to the media, and distribution  |
|                       | through public agencies. The State must not  |
|                       | report to the public or the Secretary any    |
|                       | information on performance that would result |
|                       | in the disclosure of personally identifiable |
|                       | information about individual children or     |
|                       | where the available data is insufficient to  |
|                       | yield statistically reliable information.    |
|                       | \[20 U.S.C. 1416(b); 34 CFR §§300.601 and    |
|                       | 602\]                                        |
|                       |                                              |
|                       | If an SEA determines that an LEA is not      |
|                       | meeting the requirements of Part B,          |
|                       | including the targets in the SPP, the SEA    |
|                       | must prohibit the LEA from reducing the      |
|                       | LEA\'s maintenance of effort under 20 U.S.C. |
|                       | 1413(a)(2)(C) for any fiscal year. \[20      |
|                       | U.S.C. 1416(f); 34 CFR §300.608\]            |
|                       |                                              |
|                       | Each State shall provide data each year to   |
|                       | the Secretary of Education and the public on |
|                       | the indicators at 20 U.S.C. 1418(a)(1). The  |
|                       | data shall be publicly reported by each      |
|                       | State in a manner that does not result in    |
|                       | the disclosure of data identifiable to       |
|                       | individual children. \[20 U.S.C. 1418(a) and |
|                       | (b)(1); 34 CFR §§300.640 through 642\]       |
|                       |                                              |
|                       | Each SEA must provide for the collection and |
|                       | examination of data to determine if          |
|                       | significant disproportionality based on race |
|                       | and ethnicity is occurring in the State and  |
|                       | LEA with respect to: the identification of   |
|                       | children as children with disabilities,      |
|                       | including the identification of children     |
|                       | with a particular impairment; the placement  |
|                       | in particular educational settings of such   |
|                       | children; and the incidence, duration, type  |
|                       | of disciplinary actions, including           |
|                       | suspensions and expulsions. In the case of a |
|                       | determination of significant                 |
|                       | disproportionality, the State must: provide  |
|                       | for the review and, if appropriate, revision |
|                       | of the policies, procedures, and practices   |
|                       | used in such identification or placement to  |
|                       | ensure that such policies, procedures, and   |
|                       | practices comply with the requirements of    |
|                       | Part B; require any LEA identified to        |
|                       | reserve the maximum amount of funds under 20 |
|                       | U.S.C. 1413(f) to provide comprehensive      |
|                       | coordinated early intervening services to    |
|                       | serve children in the LEA, particularly      |
|                       | children in those groups that were           |
|                       | significantly overidentified; and require    |
|                       | the LEA to publicly report on the revision   |
|                       | of policies, practices, and procedures. \[20 |
|                       | U.S.C. 1418(d); 34 CFR §300.646\]            |
|                       |                                              |
|                       | The SEA is responsible for State             |
|                       | administration of activities including       |
|                       | services to children with disabilities aged  |
|                       | 3 through 5 inclusive, in accordance with 20 |
|                       | U.S.C. 1419(d) through (g).                  |
|                       |                                              |
|                       | Grantees must monitor grant and subgrant     |
|                       | supported activities to ensure compliance    |
|                       | with applicable Federal requirements and     |
|                       | that performance goals are being achieved.   |
|                       | \[34 CFR §80.40(a) (EDGAR)\]                 |
|                       |                                              |
|                       | In the case of any State which applies,      |
|                       | contracts, or submits a plan for             |
|                       | participation in any applicable program in   |
|                       | which Federal funds are made available for   |
|                       | assistance to LEAs through, or under the     |
|                       | supervision of, the SEA of that State, the   |
|                       | State provides assurances to the Secretary   |
|                       | that the State will adopt and use proper     |
|                       | methods of administering each applicable     |
|                       | program, including: monitoring of agencies,  |
|                       | institutions, and organizations responsible  |
|                       | for carrying out each program, and the       |
|                       | enforcement of any obligations imposed on    |
|                       | those agencies, institutions, and            |
|                       | organizations under law; providing technical |
|                       | assistance, where necessary, to such         |
|                       | agencies, institutions, and organizations;   |
|                       | encouraging the adoption of promising or     |
|                       | innovative educational techniques by such    |
|                       | agencies, institutions, and organizations;   |
|                       | the dissemination throughout the State of    |
|                       | information on program requirements and      |
|                       | successful practices; and the correction of  |
|                       | deficiencies in program operations that are  |
|                       | identified through monitoring or evaluation. |
|                       | \[20 U.S.C. 1232d(b)(3)(GEPA)\]              |
+-----------------------+----------------------------------------------+
| 16. Percent of signed | The procedural safeguards notice required by |
|     written           | 20 U.S.C. 1415(d)(2)(E) shall include a full |
|     complaints with   | explanation of the procedural safeguards,    |
|     reports issued    | including the State complaint procedures in  |
|     that were         | accordance with 34 CFR §§300.151 through 153 |
|     resolved within   | including a description of how to file a     |
|     the 60-day        | complaint and the timelines under those      |
|     timeline,         | procedures. \[34 CFR §300.504(c)\]           |
|     including a       |                                              |
|     timeline extended | Each SEA shall adopt State complaint         |
|     for exceptional   | procedures for resolving any complaint,      |
|     circumstances     | including a complaint filed by any           |
|     with respect to a | individual, providing for the filing of a    |
|     particular        | complaint with the SEA, disseminating to     |
|     complaint.        | parents and other interested individuals the |
|                       | right to file a complaint. \[34 CFR          |
| > \[20 U.S.C.         | §300.151(a)\]                                |
| > 1416(a)(3)(B)\]     |                                              |
|                       | In resolving a complaint in which the SEA    |
|                       | has found a failure to provide appropriate   |
|                       | services, an SEA, pursuant to its general    |
|                       | supervisory authority under Part B must      |
|                       | address: how to remediate the denial of      |
|                       | those services, including, as appropriate,   |
|                       | the awarding of monetary reimbursement or    |
|                       | other corrective action appropriate to the   |
|                       | needs of the child; and appropriate future   |
|                       | provision of services for all children with  |
|                       | disabilities. \[34 CFR §§300.151(b)\]        |
|                       |                                              |
|                       | Each SEA shall include in its complaint      |
|                       | procedures a time limit of 60 days after a   |
|                       | complaint is filed to carry out an           |
|                       | investigation, give the complainant the      |
|                       | opportunity to submit additional             |
|                       | information, review all relevant information |
|                       | and make an independent determination as to  |
|                       | whether the public agency is violating a     |
|                       | requirement of Part B, and issue a written   |
|                       | decision to the complainant. The procedures  |
|                       | must permit an extension of the time limit   |
|                       | and include procedures for effective         |
|                       | implementation of the SEA's final decision.  |
|                       | \[34 CFR §300.152(a) and (b)\]               |
|                       |                                              |
|                       | The SEA must follow the specific             |
|                       | requirements related to complaints and due   |
|                       | process hearings on the same issue. \[34 CFR |
|                       | §300.152(c)\]                                |
|                       |                                              |
|                       | An organization or individual may file a     |
|                       | signed written complaint which must meet the |
|                       | requirements described in §300.153(b), (c)   |
|                       | and (d). \[34 CFR §300.153(a)\]              |
+-----------------------+----------------------------------------------+
| 17. Percent of fully  | The procedural safeguards shall include an   |
|     adjudicated due   | opportunity for any party to present a       |
|     process hearing   | request for a due process hearing[^3] with   |
|     requests that     | respect to any matter relating to the        |
|     were fully        | identification, evaluation, or educational   |
|     adjudicated       | placement of the child, or the provision of  |
|     within the 45-day | FAPE to such child. \[20 U.S.C. 1415(b)(6);  |
|     timeline or a     | 34 CFR §300.504\]                            |
|     timeline that is  |                                              |
|     properly extended | The SEA must adhere to the provisions        |
|     by the hearing    | related to due process hearings at 20 U.S.C. |
|     officer at the    | 1415(b)(6)-(8), (c)(2), (d), (f), and (g);   |
|     request of either | 34 CFR §§300.507 through 515                 |
|     party.            |                                              |
|                       | The public agency must ensure that, not      |
| > \[20 U.S.C.         | later than 45 days after the expiration of   |
| > 1416(a)(3)(B)\]     | the 30-day period under 34 CFR §300.510(b),  |
|                       | a final decision is reached in the hearing   |
|                       | and a copy of the decision is mailed to each |
|                       | of the parties. A hearing officer may grant  |
|                       | specific extensions of time at the request   |
|                       | of either party. \[20 U.S.C.                 |
|                       | 1415(f)(1)(B)(ii); 34 CFR §300.515\]         |
|                       |                                              |
|                       | Each State that receives assistance under    |
|                       | Part B, and the Secretary of the Interior,   |
|                       | shall provide data each year to the          |
|                       | Secretary of Education and the public on the |
|                       | number of requests for due process hearings  |
|                       | filed under 20 U.S.C. 1415 and the number of |
|                       | hearings conducted. \[20 U.S.C.              |
|                       | 1418(a)(1)(F); 34 CFR §300.640\]             |
|                       |                                              |
|                       | Each State that receives assistance under    |
|                       | Part B, and the Secretary of the Interior,   |
|                       | shall provide data each year to the          |
|                       | Secretary of Education and the public on the |
|                       | number of hearings requested under 20 U.S.C. |
|                       | 1415(k) and the number of changes in         |
|                       | placements ordered as a result of those      |
|                       | hearings. \[20 U.S.C. 1418(a)(1)(G); 34 CFR  |
|                       | §300.640\]                                   |
+-----------------------+----------------------------------------------+
| 18\. Percent of       | Prior to the opportunity for an impartial    |
| hearing requests that | due process hearing, the LEA shall convene a |
| went to resolution    | meeting with the parents and the relevant    |
| sessions that were    | member or members of the IEP Team who have   |
| resolved through      | specific knowledge of the facts identified   |
| resolution session    | in the request for a due process hearing.    |
| settlement            | The resolution session shall occur within 15 |
| agreements.           | days of receiving notice of the parents\'    |
|                       | request for a due process hearing, include a |
| \[20 U.S.C.           | representative of the agency who has         |
| 1416(a)(3)(B)\]       | decision-making authority, and may not       |
|                       | include an attorney of the LEA unless the    |
|                       | parent is accompanied by an attorney. The    |
|                       | resolution session is where the parents of   |
|                       | the child discuss their request for a due    |
|                       | process hearing and the facts that form the  |
|                       | basis of the request for a due process       |
|                       | hearing, and the LEA is provided the         |
|                       | opportunity to resolve the issues raised in  |
|                       | the request for a due process hearing,       |
|                       | unless the parents and the LEA agree in      |
|                       | writing to waive such meeting, or agree to   |
|                       | use the mediation process described in 20    |
|                       | U.S.C. 1415(e). \[20 U.S.C.                  |
|                       | 1415(f)(1)(B)(i); 34 CFR §300.510(a)\]       |
|                       |                                              |
|                       | If the LEA has not resolved the issues       |
|                       | raised in the request for a due process      |
|                       | hearing to the satisfaction of the parents   |
|                       | within 30 days of the receipt of the request |
|                       | for a due process hearing, the due process   |
|                       | hearing may occur, and all of the applicable |
|                       | timelines for a due process hearing under    |
|                       | Part B shall commence. \[20 U.S.C.           |
|                       | 1415(f)(1)(B)(ii); 34 CFR §300.510(b)(1)\]   |
|                       |                                              |
|                       | In the case that a resolution is reached,    |
|                       | the parties shall execute a legally binding  |
|                       | agreement that is signed by both the parent  |
|                       | and a representative of the agency who has   |
|                       | the authority to bind such agency and        |
|                       | enforceable in any State court of competent  |
|                       | jurisdiction or in a district court of the   |
|                       | United States. \[20 U.S.C.                   |
|                       | 1415(f)(1)(B)(iii); 34 CFR §300.510(c)\]     |
|                       |                                              |
|                       | If the parties execute a legally binding     |
|                       | agreement, a party may void such agreement   |
|                       | within 3 business days of the agreement\'s   |
|                       | execution. \[20 U.S.C. 1415(f)(1)(B)(iv); 34 |
|                       | CFR §300.510(d)\]                            |
+-----------------------+----------------------------------------------+
| 19\. Percent of       | The procedural safeguards notice shall       |
| mediations held that  | include a full explanation of the procedural |
| resulted in mediation | safeguards, including the availability of    |
| agreements.           | mediation. \[20 U.S.C. 1415(d)(2)(E)(iii);   |
|                       | 34 CFR §300.504(c)(6)\]                      |
| \[20 U.S.C.           |                                              |
| 1416(a)(3)(B)\]       | Each public agency shall ensure that         |
|                       | procedures are established and implemented   |
|                       | to allow parties to disputes involving any   |
|                       | matter, including matters arising prior to   |
|                       | the filing of a request for a due process    |
|                       | hearing, to resolve such disputes through a  |
|                       | mediation process. \[20 U.S.C. 1415(e)(1);   |
|                       | 34 CFR §300.506(a)\]                         |
|                       |                                              |
|                       | The mediation process shall be voluntary on  |
|                       | the part of the parties, shall not be used   |
|                       | to deny or delay a parent\'s right to a due  |
|                       | process hearing, or to deny any other rights |
|                       | afforded under Part B, and shall be          |
|                       | conducted by a qualified and impartial       |
|                       | mediator who is trained in effective         |
|                       | mediation techniques. \[20 U.S.C.            |
|                       | 1415(e)(2)(A); 34 CFR §300.506(b)(1)\]       |
|                       |                                              |
|                       | An LEA or SEA may establish procedures to    |
|                       | offer to parents and schools that choose not |
|                       | to use the mediation process, an opportunity |
|                       | to meet, at a time and location convenient   |
|                       | to the parents, with a disinterested party   |
|                       | who is under contract with: a parent         |
|                       | training and information center or community |
|                       | parent resource center in the State; or an   |
|                       | appropriate alternative dispute resolution   |
|                       | entity, to encourage the use, and explain    |
|                       | the benefits, of the mediation process to    |
|                       | the parents. \[20 U.S.C. 1415(e)(2)(B); 34   |
|                       | CFR §300.506(b)(2)\]                         |
|                       |                                              |
|                       | The State shall maintain a list of           |
|                       | individuals who are qualified mediators and  |
|                       | knowledgeable in laws and regulations        |
|                       | relating to the provision of special         |
|                       | education and related services. \[20 U.S.C.  |
|                       | 1415(e)(2)(C); 34 CFR §300.506(b)(3)(i)\]    |
|                       |                                              |
|                       | The State shall bear the cost of the         |
|                       | mediation process. \[20 U.S.C.               |
|                       | 1415(e)(2)(D); 34 CFR §300.506(b)(4)\]       |
|                       |                                              |
|                       | Each session in the mediation process shall  |
|                       | be scheduled in a timely manner and shall be |
|                       | held in a location that is convenient to the |
|                       | parties to the dispute. \[20 U.S.C.          |
|                       | 1415(e)(2)(E); 34 CFR §300. 506(b)(5)\]      |
|                       |                                              |
|                       | If the parties resolve the dispute through   |
|                       | the mediation process, the parties shall     |
|                       | execute a legally binding agreement that     |
|                       | sets forth such resolution and that states   |
|                       | that all discussions that occurred during    |
|                       | the mediation process shall be confidential  |
|                       | and may not be used as evidence in any       |
|                       | subsequent due process hearing or civil      |
|                       | proceeding. The agreement shall be signed by |
|                       | both the parent and a representative of the  |
|                       | agency who has the authority to bind such    |
|                       | agency; and is enforceable in any State      |
|                       | court of competent jurisdiction or in a      |
|                       | district court of the United States. \[20    |
|                       | U.S.C. 1415(e)(2)(F); 34 CFR §300.506(b)(6)  |
|                       | and (7)\]                                    |
|                       |                                              |
|                       | Discussions that occur during the mediation  |
|                       | process shall be confidential and may not be |
|                       | used as evidence in any subsequent due       |
|                       | process hearing or civil proceeding. \[20    |
|                       | U.S.C. 1415(e)(2)(G)\]                       |
|                       |                                              |
|                       | Each State that receives assistance under    |
|                       | Part B, and the Secretary of the Interior,   |
|                       | shall provide data each year to the          |
|                       | Secretary of Education and the public on the |
|                       | number of mediations held and the number of  |
|                       | settlement agreements reached through such   |
|                       | mediations. \[20 U.S.C. 1418(a)(1)(H); 34    |
|                       | CFR §§300.601(b) and 300.640\]               |
+-----------------------+----------------------------------------------+
| > 20 State reported   | The State advisory panel shall advise the    |
| > data (618 and State | SEA in developing evaluations and reporting  |
| > Performance Plan    | on data to the Secretary under 20 U.S.C.     |
| > and Annual          | 1418. \[20 U.S.C. 1412(a)(21)(D)(iii); 34    |
| > Performance Report) | CFR §300.169(c)\]                            |
| > are timely and      |                                              |
| > accurate.           | Each State must submit the State\'s          |
|                       | performance plan to the Secretary for        |
| \[20 U.S.C.           | approval in accordance with the approval     |
| 1416(a)(3)(B)\]       | process described in 20 U.S.C. 1416(c). \[20 |
|                       | U.S.C. 1416(b)(1)(B); 34 CFR                 |
|                       | §300.601(a)(1)\]                             |
|                       |                                              |
|                       | The State shall report annually to the       |
|                       | Secretary on the performance of the State    |
|                       | under the State\'s performance plan. \[20    |
|                       | U.S.C. 1416(b)(2)(C)(ii)(II); 34 CFR         |
|                       | §300.602(b)(2)\]                             |
|                       |                                              |
|                       | Each State shall collect valid and reliable  |
|                       | information as needed to report annually to  |
|                       | the Secretary on the priority areas          |
|                       | described in 20 U.S.C. 1416(a)(3). \[20      |
|                       | U.S.C. 1416(b)(2)(B); 34 CFR                 |
|                       | §300.601(b)(1)\]                             |
|                       |                                              |
|                       | Each State that receives assistance under    |
|                       | Part B, and the Secretary of the Interior,   |
|                       | shall provide data each year to the          |
|                       | Secretary of Education and the public. \[20  |
|                       | U.S.C. 1418(a); 34 CFR §300.640\]            |
+-----------------------+----------------------------------------------+

[^1]: The FAPE requirements relating to transition planning and
    transition services do not apply, with respect to the students whose
    eligibility under Part B of the IDEA will end, because of their age,
    before they will be eligible to be released from prison based on
    consideration of their sentence and eligibility for early release.
    34 CFR §300.324(d)

[^2]: The FAPE requirements do not apply to children aged 3 through 5
    and 18 through 21 in a State to the extent that its application
    would be inconsistent with State law or practice, or the order of
    any court, respecting the provision of public education to children
    in those age ranges, and aged 18 through 21 to the extent that State
    law does not require that special education and related services
    under Part B be provided to children with disabilities who, in the
    educational placement prior to their incarceration in an adult
    correction facility were not actually identified as being a child
    with a disability under section 602 or did not have an IEP under
    Part B. 20 U.S.C. 1412(a)(1)(B)

[^3]: The IDEA uses the term "complaint" to indicate a request for a due
    process hearing. The term "request for a due process hearing" will
    be used in this document in lieu of "complaint." 20 U.S.C.
    1415(e)(2)\]