IDEA/ESSA TECHNICAL AMENDMENTS SUMMARY

IDEA Regulation Old Language New Language Reasoning

§300.7 Cross reference to charter school 

definition was “section 5210(1)” of 

ESEA 

Replaced cross reference with revised 

statutory cite “section 4310(2)” 

The authority citation has been 

changed from “20 U.S.C. 7221i(1)” to 

“20 U.S.C. 7221i(2).”

Statutory cite of ESEA definition of 

charter school changed

§300.10 The definition of the term “core 

academic subjects” was based on 

section 602(4) of IDEA

§300.10 has been removed and 

reserved 

Statutory Change: section 

9215(ss)(1)(A) of the ESSA,

eliminated section 602(4) of the IDEA

§300.16(a)(3) Cross reference to the ESEA was 

“under part A and B of title III of the 

ESEA”

Cross reference to the ESEA is revised 

to read “under part A of title III of the 

ESEA”

Statutory change: section 

9215(ss)(1)(B) of the ESSA

§300.18 Definition of “highly qualified special 

education teachers” was based on 

section 602(10) of IDEA

§300.18 has been removed and 

reserved.

*See §300.156 for additional changes

Statutory change: section 9214(d)(1) 

of the ESEA, eliminated section 

602(10) of the IDEA

§300.27 Cross reference to “Limited English 

proficient” was “in section 9101(25) of 

the ESEA”

Cross reference to the ESEA is revised 

to read “’English learner’ in section 

8101 of the ESEA”

Statutory change: section 

9215(ss)(1)(C) of the ESSA

§300.35 Definition of “scientifically based 

research” 

§300.35 has been removed and 

reserved

Statutory change: section 8002(1) of 

the ESSA

§300.102(a)(3)(iv) Definition of “regular high school 

diploma” 

Revised to incorporate definition in 

section 8101(43) of the ESEA

A statutory definition of this term was 

added to ESEA

§300.105(a)(1) The cross reference to the definition of 

“special education” was incorrectly 

listed as §300.36 

Cross reference changed to §300.39. Correction to previous regulation

§300.105(a)(3) The cross reference to the definition of 

“supplementary aids and services” was 

incorrectly listed as §300.38 

Cross reference changed to §300.42 Correction to previous regulation
IDEA/ESSA TECHNICAL AMENDMENTS SUMMARY

2

IDEA Regulation Old Language New Language Reasoning

§300.115(b)(1) The cross reference to the definition of 

“special education” was incorrectly 

listed as §300.38 

Cross reference changed to §300.39 Correction to previous regulation

§300.138(a)(1) Included cross reference to “highly 

qualified special education teacher 

requirements of §300.18”

Replaced with cross reference to 

“special education teacher 

qualification requirements in 

§300.156(c)”

Conforming change based on statutory 

change in section 9214(d)(2) of the 

ESSA

§300.146(b) Included cross reference to “§300.18” Deleted cross reference to §300.18 Conforming change based on statutory 

change in section 9214(d)(2) of the 

ESSA

§300.154(b)(1)(i) The cross reference to “supplementary 

aids and services” was incorrectly 

listed as §300.41 and the cross 

reference to the definition of 

“transition services” was incorrectly 

listed as §300.42

Replaced cross-references with 

§300.42 and §300.43, respectively

Correction to previous regulation

§300.156(c) Included language indicating that each 

person employed as a public school 

special education teacher in the State 

must be highly qualified by the 

deadline established in section 

1119(a)(2) of the ESEA

(1) Added new paragraph (c)(1) which 

replaced HQT reference with language 

from the previous definition of “highly 

qualified” in §300.18(b)(1) governing 

the qualifications of special education 

teachers. (2) Added new paragraph 

(c)(2) which retained the requirements 

in the previous definition of “highly 

qualified” in §300.18(b)(2), regarding 

alternate routes to special education 

teacher certification

(1) Statutory change in section 

9214(d)(2) of the ESSA. (2) Section 

9214(d)(2)(A)(i) of the ESSA requires 

that alternate routes to certification as 

a special educator meet the minimum 

requirements described in 

34 CFR 200.56(a)(2)(ii), as such 

section was in effect on November 28, 

2008 

§300.156(d)&(e) Included the term “highly qualified” Replaced with “meet the applicable 

requirements described in paragraph 

(c) of this section”

Conforming change based on statutory 

change in section 9214(d)(2) of the 

ESSA 
IDEA/ESSA TECHNICAL AMENDMENTS SUMMARY

3

IDEA Regulation Old Language New Language Reasoning

§300.157(a)(2) & (b) Includes statutory language regarding 

performance goals and indicators.

Replaced language with statutory 

revisions 

Statutory change: section 

9215(ss)(3)(A) of the ESSA, which 

amended section 612(a)(15) of the 

IDEA

§300.160(c) Includes the phrase: “the State’s 

challenging academic content 

standards and challenging student

academic achievement standards” 

(1) Replaced current language with the 

phrase “challenging State academic 

content standards under section 

1111(b)(1) of the ESEA and alternate 

academic achievement standards under 

section 1111(b)(1)(E) of the ESEA; 

(2) added the phrase “children with the 

most significant cognitive disabilities”; 

(3) removed paragraph (c)(2)(iii).

Statutory change: section 

9215(ss)(3)(B) of the ESSA which 

amended section 612(a)(16)(C) of the 

IDEA; provides consistency with

34 CFR 200.6(c) of the regulations for 

title I, part A of the ESEA

§300.160(d) Includes previous Title I language 

about explanations to IEP Teams

Added new paragraph (d)(1) to 

incorporate language from section 

1111(b)(2)(D)(i)(II) of the ESEA and 

34 CFR 200.6(d)(2); Added new 

paragraph (2) to incorporate language 

from section 1111(b)(2)(D)(i)(VII) of 

the ESEA and 34 CFR 200.6(d)(4)

Change mad e to ensure consistency 

with ESEA Statutory change and the 

regulations for Title I Part A of the 

ESEA

§300.160(e) Includes previous Title I language 

about explanation to parents

Revised paragraph to incorporate 

language from section 

1111(b)(2)(D)(i)(II) of the ESEA and 

34 CFR §200.6(d)(3)

Change made to ensure consistency

with ESEA Statutory change and the 

regulations for Title I Part A of the 

ESEA

§300.160(f) (1) Reporting requirements included 

alternate assessments based on grade 

level standards (2) Paragraph (f)(3) 

included incorrect school year 

(1) Revised (f)(2) to clarify school 

year 2016-2017 is the last school year 

for which States may report on the 

results of children with disabilities 

taking alternate assessments based on 

grade-level achievement standards; 

(2) Corrected school year in (f)(3) 

from 2015-2016 to 2016-2017

(1) Statutory change: section 

612(a)(16)(C) of the IDEA and section 

1111(b)(1)(E)(ii); (2) Correction to 

previous regulation
IDEA/ESSA TECHNICAL AMENDMENTS SUMMARY

4

IDEA Regulation Old Language New Language Reasoning

§300.207 Includes cross-reference to section 

2122 of the ESEA

Replaced cross-reference with section 

2102(b) of the ESEA

Statutory change: section 9215(ss)(4) 

of the ESSA

§300.306(b)(1)(i) Special rule for eligibility 

determination 

Inserted the phrase “as such section 

was in effect on the day before the 

date of enactment of the Every Student 

Succeeds Act” after “ESEA”

Statutory change: section 9215(ss)(5) 

of the ESSA

§300.324(d)(2)(i) Includes cross-reference to §300.112 Replaced cross-reference with 

§300.114 

Correction to previous regulation

§300.704(b)(4) (1) paragraph (b)(4)(x) includes a 

cross reference to “section 6111 of the 

ESEA”; (2) paragraph (b)(4)(xi) 

includes language regarding technical 

assistance and direct services

(1) Replaced cross-reference with 

“section 1201 of the ESEA”; 

(2) replaced language in paragraph (xi) 

with revised statutory language

Statutory change: section 

9215(ss)(2)(A) and (B) of the ESSA

§300.704(c)(3)(i)(A)(2) Includes cross-reference to section 

9101 of the ESEA

Replaced cross-reference with section 

8101 of the ESEA

Statutory change: section 

9215(ss)(2)(A) and (B) of the ESSA

§303.32 Definition of “scientifically based 

research”

§303.32 has been removed and 

reserved.

Statutory change: section 8002(1) of 

the ESSA