Mississippi Department of Education
Office of Special Education
State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act
Amendments of 2004
State Board Policy 7219
Index
ACCESS TO
Access rights (Parents)
Assistive technology devices in child’s home
Disciplinary records
Education records (Procedural safeguards notice)
General curriculum (Ensure access to)
Instructional materials
List of employees who may have access to records
Parent’s private insurance proceeds
Record of access (Confidentiality)
300.613
300.105(b)
300.229
300.504(c)(4)
300.39(b)(3)(ii)
300.210
300.623(d)
300.154(e)
300.614
ACCOMODATIONS
In assessments
ACT (Definition)
ADD AND ADHD (See “Attention deficit disorder” and “Attention deficit hyperactivity disorder”)
ADDITIONAL DISCLOSURE OF INFORMATION REQUIREMENT
ADULT PRISONS (Children with disabilities in)
Exception to FAPE
Modifications of IEP or placement
Requirements that do not apply
ADVERSELY AFFECTS EDUCATIONAL PERFORMANCE
(See “Child with a disability”)
AGE-APPROPRIATE CLASSROOM
ALLOCATION(S)
To LEAs
ALTERNATE ASSESSMENTS
Aligned with alternate achievement standards
Participation determined by IEP Team
ALTERNATIVE PLACEMENTS (Continuum)
300.320(a)(6)(i)
300.4
300.512(b)
300.102(a)(2)
300.324(d)(2)
300.324(d)(1)
300.8(c)(1)(i), (c)(3), (c)(4)(i)
(c)(5), (c)(6), (c)(8), (c)(9)(ii)
(c)(11), (c)(12)
300.116(e)
300.705(b); 300.816
300.320(a)(2)(ii)
300.320(a)(6)(ii)
300.115
300.324(c)(1) ALTERNATIVE STRATEGIES (to meet transition objectives)
September 15, 2013 1
Mississippi Department of Education
Office of Special Education
AMENDMENTS
To LEA policies and procedures
ANNUAL GOALS (IEPs)
How progress will be measured
Special education and related services
Statement of measurable annual goals
Review and revision of IEP
Review of existing evaluation data
ANNUAL PERFORMANCE REPORT
APPLICABILITY OF THIS PART to State, local, and private agencies
APPLICATION
Initial admission to public school
Initial services
300.220(b)
300.320(a)(3)
300.320(a)(4)
300.320(a)(2)(i)
300.320(b)(1)
300.305(a)
300.602
300.2
300.518(b)
300.518(c)
ASSESSMENT(S)
For specific learning disability
Functional behavioral assessment (FBA)
In evaluation
Of leisure function (in “Recreation”)
ASSESSMENTS (DISTRICT-WIDE)
Alternate assessments
ASSISTIVE TECHNOLOGY (AT)
AT devices
AT services
Consideration of special factors
Hearing aids
Requirement:
Insure availability of
Use of AT in child’s home
Surgically implanted medical devices
ASTHMA (Definition)
300.309(a)(2)(ii), (b)(2)
300.530(d)(1)(ii), (f)(1)(i)
300.304(b), (c); 300.305(a)(1)(ii)
(c), (d)
300.34(c)(11)(i)
300.320(a)(2)(ii), (a)(6)(ii)
300.5
300.6
300.324(a)(2)(v)
300.113
300.105(a)
300.105(b)
300.5; 300.34(b); 300.113(b)
300.8(c)(9)
ATTENTION DEFICIT DISORDER (ADD) (Definition) 300.8(c)(9)
ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD) (Definition) 300.8(c)(9)
ATTORNEYS’ FEES
Award of fees 300.517(c)
Prohibition on use of funds for
When court reduces fee awards
300.517(b)
300.517(c)(4)
AUDIOLOGY (Definition) 300.8(c)(1)
September 15, 2013 2
Mississippi Department of Education
Office of Special Education
AUTHORITY
Of guardian
Of hearing officer (Discipline)
AUTISM (Definition)
Of school personnel (Discipline)
Parental authority to inspect and review records
State complaint procedures
BASIS OF KNOWLEDGE
Protection for children not yet eligible
BEHAVIORAL ASSESSMENT (See “Functional behavioral assessment”)
BEHAVIORAL INTERVENTION(S)
Assist in developing
Behavioral intervention plan (BIP)
Consideration of by IEP Team
Not a manifestation of disability
Regular education teacher (Determination of)
BENCHMARKS OR SHORT-TERM OBJECTIVES
BENEFITS TO NONDISABLED (Permissive use of funds)
BLIND(NESS)
Access to instructional materials
Consideration of special factors by IEP Team
Definition
BRAILLE
BUREAU OF INDIAN AFFAIRS (BIA)
BIA funded schools
In definition of “LEA”
BUSINESS DAY (Definition)
CALENDAR DAY (Definition)
REMOVALS
CHANGE OF PLACEMENT BECAUSE OF DISCIPLINARY
CHARTER SCHOOLS
Applicability of this part to
Definition
Exception: joint establishment of eligibility
In definition of “Elementary school”
In definition of “LEA”
300.30(a)(3)
300.532(b)
300.530
300.613
300.151(b)
300.8(c)(1)
300.534(b)
300.34(c)(10)(vi)
300.530( d)(1)(b);(f)(1)
300.325(a)(2)(i)
300.530(d)
300.324(a)(3)
300.320(a)(2)(ii)
300.208(a)(1)
300.172; 300.210(b)(3)
300.324(a)(2)
300.8(c)(13)
300.29(b); 300.324(a)(2)(iii)
300.28(c)
300.28(c)
300.11(b)
300.11(a)
300.536
300.2(b)(1)(ii)
300.7
300.223(b)
300.13
300.28(b)(2)
September 15, 2013 3
Mississippi Department of Education
Office of Special Education
In definition of “Public agency”
In definition of “Secondary school”
State-level activities regarding charter schools
Treatment of charter schools and their students
CHILD COUNT
Criteria for
Dates for count
LEA records of private school children
CHILD FIND
Basic requirement
Children advancing from grade to grade
Developmental delay
Highly mobile children
Homeless children
Migrant children
Private school children
Protections for children not determined eligible
300.33
300.36
300.704(b)(4)(ix)
300.209
300.644
300.641(a)
300.132(c)
300.111(a)
300.111(c)(1)
300.111(b)
300.111(c)(2)
300.111(a)(1)(i)
300.111(c)(2)
300.131(b)
300.534
CHILD WITH A DISABILITY (CWD)
Adversely affects educational performance 300.8(c)(1)(i); (c)(3); (c)(4)(i)
(c)(5); (c)(6); (c)(8); (c)(9)(ii)
(c)(11); (c)(12); (c)(13)
Children experiencing developmental delay(s)
Children who need only a related service
300.8(b)(1)
300.8(a)(2)
Definition
Individual disability terms (Defined)
Requirement
CHILD’S STATUS DURING PROCEEDINGS
300.8(a)(1)
300.8(c)
300.111(b)
300.530(f)(2); 300.533
300.518
Discipline
Pendency (Stay put)
CHILDREN ADVANCING FROM GRADE TO GRADE
Child find
FAPE
CHILDREN EXPERIENCING DEVELOPMENTAL DELAY(S) (See
“Developmental delay(s)”)
CHILDREN’S RIGHTS
(Confidentiality)
CIVIL ACTION-PROCEEDINGS
Finality of review decision
Mediation
Procedural safeguards notice
See “Court(s)”
300.111(c)(1)
300.101(c)
300.625
300.516
300.114(d)
300.506(b)(6)(i)
300.504(c)(12)
COCHLEAR IMPLANT
(See “Surgically-implanted medical device”)
September 15, 2013 4
Mississippi Department of Education
Office of Special Education
CODE OF CONDUCT
Case-by-case determination
Manifestation determination review
Protections for children not determined eligible
COMMUNITY-BASED WAIVERS (Public benefits or insurance)
COMPLAINT(S): DUE PROCESS
Attorneys’ fees
Civil action
Pendency
Private school children (Complaints)
See “Due process hearing(s) and reviews”
COMPLAINT(S): FORMAL
Due Process
Hearing Decisions
Hearing Rights
Hearing: right of parent to appeal decision
Impartial Hearing
Resolution
Procedural safeguards notice
Public agency failure to implement hearing decision
Time limit
Timelines
COMPLAINT(S): STATE
Filing a complaint with the State
Procedures
Private schools
Time limit
COMPLIANCE – COMPLY
Child Find requirements
FAPE requirement
LEA and State agency compliance
Physical education
Private school placement by parents
Private school placements by public agencies:
IEP requirement
SEA responsibility if LEA does not comply
COMPREHENSIVE EVALUATION
CONDITION OF ASSISTANCE
LEA eligibility
CONFIDENTIALITY
300.530(a)
300.530(e)
300.534(a)
300.154(d)(2)(iii)
300.517(a)(1)
300.516(a)
300.518(a)
300.140(c)
300.508
300.513
300.512
300.513(b)
300.511
300.510
300.504(c)
300.152(c)(3)
300.152(a)
300.515
300.153
300.152
300.140
300.152(a)
300.111(a)
300.101(a)
300.222(a)
300.108
300.148(e)
300.325(c)
300.227(a)
300.304(c)(6)
300.200
September 15, 2013 5
Mississippi Department of Education
Office of Special Education
Access rights
Children’s rights
Confidentiality of personally identifiable information
Consent
Definitions:
Destruction of information
Education records
Participating agency
Disciplinary information
Family Educational Rights and Privacy Act (FERPA):
Children’s rights
Disciplinary records
In definition of “education records”
Notice to parents
Fees
Hearing Procedures
List of types and location of information
Notice to parents
Opportunity for a hearing
Parental authority to inspect and review records
Record of access
Records on more than one child
Result of hearing
Safeguards
CONSENT
Confidentiality (Records to non-agency officials)
Definition
IEP vs. IFSP
Initial evaluations
Initial provision of services
CONSENT: NOT REQUIRED
Before administering a test or other evaluation to all children
Before reviewing existing data
When screening for instructional purposes
Private insurance (Accessing)
Reasonable efforts to obtain consent:
For initial evaluation
For initial provision of services
Reasonable efforts requirements
For initial evaluations for wards of the State
Reevaluations
Release of information from education records
CONSIDERATION OF SPECIAL FACTORS (by IEP Team)
CONSISTENCY WITH STATE POLICIES: LEA
300.622(a)
300.9
300.323(b)(2)(ii)
300.300(a)
300.300(b)
300.613
300.625
300.123
300.622
300.611(a)
300.611(b)
300.611(c)
300.229
300.625
300.535(b)(2)
300.611(b)
300.612(a)(3)
300.617
300.621
300.616
300.612(a)
300.619
300.613(b)
300.614
300.615
300.620
300.623
300.300(d)(1)(ii)
300.300(d)(1)(i)
300.302
300.154(e)(1)
300.300(a)(1)(iii)
300.300(a)(2)
300.300(b)(2)
300.300(d)(5)
300.300(c)(2)
300.622
300.324(a)(2)
300.201
September 15, 2013 6
Mississippi Department of Education
Office of Special Education
CONSTRUCTION
Accessibility standards
Exception to maintenance of effort (Termination of costly expenditures for construction)
Private schools (No funds may be used for)
CONSTRUCTION CLAUSES (A-I)
Child Find (Nothing requires classifying children by disability)
Civil action (Exhaust administrative remedies under Part B before filing a civil action)
Early intervening services
Highly qualified SEA or LEA staff
Highly qualified teacher
IEP (Inclusion of additional information beyond explicit requirements)
IEP (Information in more than one component not required)
CONSTRUCTION CLAUSES (J-Z)
Prohibition on mandatory medication
Referral to and action by law enforcement and judicial authorities
State Medicaid agency (Nothing alters requirements imposed under Titles XIX or XXI or other public benefits or insurance program)
Transition service
CONTENT OF IEP
CONTINUUM OF ALTERNATIVE PLACEMENTS
(See “Least restrictive environment”)
CONTROLLED SUBSTANCE (Definition)
COORDINATION OF SERVICES
Use of LEA funds for early intervening services
Use of SEA allocations for transition
CO-PAY OR DEDUCTIBLE (Public benefits or insurance)
CORE ACADEMIC SUBJECTS
Definition
See “Highly qualified special education teachers”
CORRECTIONAL FACILITIES
Applicability of this part to
Exception to FAPE (Children in adult facilities)
See also “Adult prisons”
State juvenile-adult correctional facilities
Transfer of rights to children in
COUNSELING SERVICES (Definition)
300.718(b)
300.204(d)
300.144(e)
300.111(d)
300.516(e)
300.226(c)
300.156(e)
300.18(f)
300.320(d)(1)
300.320(d)(2)
300.174(b)
300.535(a)
300.154(h)
300.324(c)(2)
300.320(a)
300.115
300.530(i)(1)
300.208(a)(2)
300.154(b)(4)(vi)
300.154(d)(2)(ii)
300.10
300.18
300.2(b)(1)(iv)
300.102(a)(2)
300.2(b)(1)(iv)
300.520(a)(2)
300.34(c)(2)
September 15, 2013 7
Mississippi Department of Education
Office of Special Education
COUNT
(See “Child count”)
COURT
Attorneys’ fees
Civil action
CRIME
Court order:
Exception to FAPE for certain ages
Reimbursement for private school placement
CRITERIA
Child count
Child eligibility (Determinant factor)
IEP Team (Public agency representative)
Independent educational evaluation
Specific learning disability
Surrogate parents
CURRENT PLACEMENT (Discipline)
Authority of hearing officer
Placement during appeals
DATA
Disaggregated data
Determination of needed evaluation data
Evaluation data:
Procedures for determining eligibility and placement
Review of existing data
LRE (Placements—meaning of evaluation data)
Parental consent (Not required for reviewing existing
Evaluation data)
DAY
Business day
Day (Calendar)
School day
DECREASE IN ENROLLMENT (Exception to LEA
Maintenance of effort)
DEDUCTIBLE OR CO-PAY (Public benefits or insurance)
DEFINITIONS (A-D)
Act
Assistive technology device
Assistive technology service
At no cost
Audiology
Autism
Business day
300.517
300.516
300.102(a)(1)
300.148(b) through (e)
300.535
300.644
300.306(b)(1)
300.321(a)(4)
300.502
300.307; 300.309
300.519(d)
300.532(b)
300.533
300.704(b)(4)(xi)
300.305(c)
300.306(c)
300.305(a)(1)
300.116(a)(1)
300.300(d)(1)(i)
300.11(b)
300.11(a)
300.11(c)
300.204(b)
300.154(d)(2)(ii)
300.4
300.5
300.6
300.39(b)(1)
300.34(c)(1)
300.8(c)(1)
300.11(b)
September 15, 2013 8
Mississippi Department of Education
Office of Special Education
Charter school
Child with a disability
Consent
Controlled substance
Core academic subjects
Counseling services
Day; business day; school day
Deaf-blindness
Deafness
Destruction (of information)
Developmental delays
DEFINITIONS (E-H)
Early identification and assessment
Education records
Educational service agency
Elementary school
Emotional disturbance
Equipment
Evaluation
Excess costs
Extended school year services
Free appropriate public education
Hearing impairment
Highly qualified special education teacher
Homeless children
DEFINITIONS (I)
IEP Team
Illegal drug
Include
Independent educational evaluation
Indian
Indian tribe
Individualized education program (IEP)
Individualized family service plan (IFSP)
Infant or toddler with a disability
Institution of higher education
Interpreting services
Intellectual Disability
DEFINITIONS (J-O)
Limited English proficient (LEP)
Local educational agency (LEA)
Medical services
Mental Retardation (See “Intellectual Disability”)
Multidisciplinary Evaluation Team
Multiple disabilities
Native language
Occupational therapy
Orientation and mobility services
300.7
300.8(a)(1)
300.9
300.530(i)(1)
300.10
300.34(c)(2)
300.11
300.8(c)(2)
300.8(c)(3)
300.611(a)
300.8(b)
300.34(c)(3)
300.611(b)
300.12
300.13
300.8(c)(4)
300.14
300.15
300.16
300.106(b)
300.17
300.8(c)(5)
300.18(b)
300.19
300.23
300.530(i)(2)
300.20
300.502(a)(3)(i)
300.21(a)
300.21(b)
300.22
300.24
300.25
300.26
300.34(c)(4)
300.8(c)(6)
300.27
300.28
300.34(c)(5)
300.306(a))1)
300.8(c)(7)
300.29(a)
300.34(c)(6)
300.34(c)(7)
September 15, 2013 9
Mississippi Department of Education
Office of Special Education
Orthopedic impairment
Other health impairment
DEFINITIONS (P-R)
Parent
Parent counseling and training
Parent training and information center
Parentally-placed private school children with disabilities
Participating agency (as used in “Confidentiality”)
Personally identifiable
Physical education
Physical therapy
Psychological services
Public agency
Public expense
Related services
Recreation
Rehabilitation counseling services
DEFINITIONS (S)
School day
School health services
School nurse services
Scientifically-based research
Secondary school
Secretary
Serious bodily injury
Services plan
Social work services in schools
Special education
Specially designed instruction
Specific learning disability (SLD)
Speech-language pathology services
Speech or language impairment
State
State educational agency (SEA)
Supplementary aids and services
DEFINITIONS (T-Z)
Transition services
Transportation
Traumatic brain injury
Travel training
Universal design
Visual impairment including blindness
Vocational education
Ward of the State
Weapon
DESTRUCTION OF INFORMATION
300.8(c)(8)
300.34(c)(9)
300.30(a)
300.34(c)(8)
300.31
300.130
300.611(c)
300.32
300.39(b)(2)
300.34(c)(9)
300.34(c)(10)
300.33
300.502(a)(3)(ii)
300.34(c)(11)
300.34(c)(12)
300.34(a)
300.11(c)
300.34(c)(13)
300.34(c)(13)
300.35
300.36
300.38
300.530(i)(3)
300.37
300.34(c)(14)
300.39(a)
300.39(b)(3)
300.8(c)(10)
300.34(c)(15)
300.8(c)(11)
300.40
300.41
300.42
300.43
300.34(c)(16)
300.8(c)(12)
300.38(b)(4)
300.44
300.8(c)(13)
300.39(b)(5)
300.45
300.530(i)(4)
300.624(b)
September 15, 2013 10
Mississippi Department of Education
Office of Special Education
Definition
DETERMINANT FACTOR (for eligibility determination)
Lack of instruction in reading or math
Limited English proficiency
DEVELOPMENT, REVIEW, AND REVISION OF IEP
DEVELOPMENTAL DELAY(S)
In definition of “Child with a disability”
Requirements for using “Developmental delay”
State definition
Using specified disability categories
DIABETES (Definition)
300.611(a)
300.306(b)(1)(i); (b)(1)(ii)
300.306(b)(1)(iii)
300.324
300.8(b)
300.111(b)
300.111(b)
300.111(d)
300.8(C)(9)(i)
DIRECT SERVICES
For children in private schools
Nature and location of services
State-level activities
Use of LEA allocations for
DISABILITY: ADVERSELY AFFECTS EDUCATIONAL PERFORMANCE
(See “Adversely affects educational performance”)
DISCIPLINE (A-B)
Alternative educational setting
Appeal
Behavioral interventions-intervention plan
DISCIPLINE (C-H)
Change of placements for disciplinary removals
Child’s status during due process hearings
Determination of setting
Expedited due process hearing
Functional behavioral assessment
Hearing officer (authority of)
DISCIPLINE (I-Z)
IEP Team (relevant members)
Interim alternative educational setting
300.132(a); 300.133(a);
300.134(d)(1)
300.227(b)
300.704(b)(4)(i)
300.227(a)
300.530(d)(1); (d)(2); (d)(4);
300.530(g); 300.531;
300.533
300.532(a);
300.530(f)
300.536
300.518
300.531
300.532(c)
300.530(d)(1)(ii);(f)(1)(i)
300.532(b); 300.533
300.530(e)(1); (f); 300.531
300.530(b); (d)(2); (g)
300.531; 300.532(b)(1)(ii)
300.533
Manifestation determination
Placement during appeals
Protections for children not determined eligible
300.530(e)
300.533
300.534
September 15, 2013 11
Mississippi Department of Education
Office of Special Education
Referral to and action by law enforcement and judicial authorities
School personnel (Authority of)
See “Timelines-Discipline”
DISCLOSURE
Additional disclosure of information requirement
Consent required before disclosing:
Education records to public benefits or insurance agencies
Personal information to non-agency officials
Notice on disclosure of evaluation results
Policies on disclosing information to 3 rd parties
Prohibit evidence not disclosed
DISPROPORTIONALITY
DISPUTES
Interagency disputes (Methods of ensuring services):
Ensure services during pendency of dispute
Procedures for resolving
Mediation
Attorneys’ fees for
During discipline appeal process
During resolution process
Enforcement of agreement
DIVORCE-SEPARATION (Authority to review records)
DUE PROCESS HEARINGS(S) AND REVIEWS (A-E)
Agency responsible for conducting hearing
Attorneys’ fees
Basic requirements
Child’s status during proceedings (Pendency)
Parent request for hearing (Discipline)
Civil action
Evaluations disclosed at least 5 business days before hearing
Expedited due process hearings (Discipline)
DUE PROCESS HEARING(S) AND REVIEWS (F-I)
Failure to implement a due process hearing decision
Finality of decision
Findings of fact and decisions
To State advisory panel
Hearing rights
Impartial hearing officer
See “Hearing officer(s)”
DUE PROCESS HEARING(S) AND REVIEWS (J-Z)
Parental rights at hearings
Party notice to other party
Model form to assist parents
300.535
300.530(b)
300.512(b)
300.154(d)(2)(iv)(v)Mul
300.622(a)
300.504(c)(10)
300.612(a)(3)
300.512(a)(3)
300.646
300.154(a)
300.154(a)(3)
300.506; 300.532(c)(3)
300.517(c)(2)(ii)
300.532(c)(3)
300.510(b)(3); (c)(3)
300.506(b)(7); 300.510(d)(2);
300.537
300.613(c)
300.511(b)
300.517(a)
300.507-300.514(a), (d)
300.518
300.532(a)
300.516(a)
300.512(a)(3)
300.532(c)
300.152(c)(3)
300.514(a), (d)
300.512(a)(5), (c(3)
300.513 (d)
300.512(a)
300.511(c)
300.512(c)
300.508(c)
300.509
September 15, 2013 12
Mississippi Department of Education
Office of Special Education
Party request for hearing (Discipline)
Pendency (Stay put)
Prohibit evidence not introduced 5 business days before hearing
Record of hearing
See “Civil action-proceedings”, “Court(s)”, “Procedural safeguards”, “Timelines”
Timelines and convenience of hearings – reviews
EARLY IDENTIFICATION AND ASSESSMENT (Definition)
EARLY INTERVENING SERVICES
Adjustment to local fiscal efforts
Do not limit/create right to FAPE
For children not currently identified as needing special education
or related services
Permissive use of funds
Scientifically-based literacy instruction
Use of funds by LEA
EDUCATION RECORDS (Definition)
EDUCATIONAL PLACEMENTS (LRE)
EDUCATIONAL SERVICE AGENCY (ESA)
Definition
In definition of “LEA”
Joint establishment of eligibility (Regarding ESAs)
Additional requirements (Regarding LRE)
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (ESEA)
Coordination of early intervening services
Excess cost requirement
School-wide programs
ELIGIBILITY (CHILD-STUDENT) (A-G)
Additional eligibility requirements
Children with disabilities in adult prisons
Children with specific learning disabilities (Documentation of
Eligibility determination)
Determinant factor for
Determination of eligibility
Documentation of eligibility (To parent)
Graduation with regular diploma: termination
Graduation with GED Option: termination
ELIGIBILITY (CHILD-STUDENT) (H-Z)
Lack of instruction in reading or math
Limited English proficiency
Public benefits or insurance (Risk loss of eligibility)
Termination of eligibility
300.532(a)
300.518
300.512(a)(3)
300.512(c)(3)
300.506(b)(5); 300.511(e);
300.516(b)
300.34(c)(3)
300.226
300.205(d)
300.226(c)
300.226(a)
300.208(a)(2)
300.226(b)
300.226(a)
300.611(b)
300.114
300.12
300.28(b)(1)
300.224(b)
300.224(c)
300.226(e)
300.202(b)
300.206(a)
300.121 through 300.124;
300.307 through 300.311
300.324(d)
300.311(a)
300.306(b)(1)
300.306
300.306(a)(2)
300.102(a)(3); 300.305(e)(2)
300.305(e)(3)
300.306(b)
300.306(b)
300.154(d)(2)(iii)
300.204(c); 300.305(e)(2)
September 15, 2013 13
Mississippi Department of Education
Office of Special Education
Transfer of rights (Special rule)
ELIGIBILITY (PUBLIC AGENCIES)
Joint establishment of
State agency eligibility
See “State Agencies”
EMOTIONAL DISTURBANCE (Definition)
ENFORCEMENT
Referral to law enforcement authorities
LEA not meeting requirements
Regarding confidentiality
EPILEPSY (Definition)
EQUIPMENT
Definition
Exception to maintenance of effort
Placement in private school
EVALUATION (A-G)
Assessments in
Basic requirements
Comprehensive (Identify all special education needs)
Definition
Evaluation procedures
Evaluation report to parents
Existing evaluation data (Review of)
Graduation (Evaluation not required for)
EVALUATION (H-Z)
Independent educational evaluation (IEE)
Initial evaluation
Multidisciplinary Evaluation Team (MET)
Observation for determining eligibility
Observation in determining SLD
Parent consent
Reevaluation
Teacher Support Team
Parent right to evaluation at public expense
EXCEPTION
Charter schools exception (Joint eligibility)
For prior local policies and procedures
To FAPE:
For certain ages
For graduating with a regular diploma
300.520(b)
300.202(b)(3); 300.223(a);
300.224(a)
300.228
300.8(c)(4)
300.535
300.608
300.626
300.8(C)(9)(i)
300.14
300.204(d)
300.144
300.304(b); (c); 300.305(c)
300.301; 300.303; 300.324
300.304(c)(6)
300.15
300.304
300.306(a)(2)
300.305(a)(1)
300.305(e)(2) ;300.305(e)(3)
300.502
300.301; 300.305
300.301(b)(1);300.306(a)(1);
300.309(a); 300.310(b)
300.305(a)(2)(iv)
300.310
300.300
300.502(b)
300.303
300.301(b)(1)(iii)
300.223(b)
300.220
300.102
300.102(a)(3)(i)
September 15, 2013 14
Mississippi Department of Education
Office of Special Education
For children in adult prisons
To maintenance of effort
To reimbursement for parental placement
EXCESS COSTS
Definition
Excess cost requirement
Joint establishment of eligibility
LEA requirement
Limitation on use of Part B funds
Meeting the excess cost requirement
See also §§300.175(b); 300.202(a); 300.227(a)(2)(i)
EXISTING EVALUATION DATA (Review of)
EXPEDITED DUE PROCESS HEARINGS
Authority of hearing officer
Party appeal (Hearing requested by parents)
EXPULSION (See “Suspension and expulsion”)
EXTENDED SCHOOL YEAR SERVICES (ESY)
EXTRACURRICULAR
IEP content
In supplementary aids and services
Nonacademic services
Nonacademic settings
FACILITIES
Alteration of
Children in private schools or facilities
Physical education (In separate facilities)
Private schools and facilities
See also “Correctional facilities”
Termination of expenses for construction of
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
(See “Confidentiality”)
FAPE (A-G)
Definition
Exception to FAPE:
For certain ages
For children receiving early intervention services
For children graduating with a regular diploma
For children in adult correctional facilities
For children:
Advancing from grade to grade
Beginning at age 3
300.102(a)(2); 300.324(d)
300.204
300.148(e)
300.16
300.202(b)
300.202(b)(3)
300.202(b)
300.202(b)
300.202(b)(2)
300.305(a)(1)
300.532(c)
300.532(b)
300.532(a)
300.106
300.320(a)(4)(ii)
300.42
300.107
300.117
300.718
300.130; 300.142(a);
300.144(b); (c)
300.108(d)
300.2(c)
300.204(d)
300.17
300.102(a)(1)
300.102(a)(4)
300.102(a)(3)
300.102(a)(2)
300.101(c)
300.101(b)
September 15, 2013 15
Mississippi Department of Education
Office of Special Education
Suspended or expelled from school
General requirement
FAPE (H-Z)
Methods and payments
Private school children with disabilities:
Placed by parents when FAPE is at issue
Placed in or referred by public agencies
Reallocation of LEA funds (FAPE adequately provided)
Services (and placement) for FAPE:
Based on child’s needs (not disability category)
FERPA (Family Educational Rights and Privacy Act – See “Confidentiality”)
FILING A CLAIM (Private insurance)
FILING A COMPLAINT (State complaint procedures)
FINALITY OF DECISION
FORMULA
Allocations to LEAs
Parentally-placed private school children
FOSTER PARENT
See also §300.45(b)
FULL EDUCATIONAL OPPORTUNITY GOAL (FEOG)
FUNCTIONAL BEHAVIORAL ASSESSMENT
FUNDS (See “Use of funds”)
GENERAL CURRICULUM
Discipline (Continue participating in)
Evaluation procedures:
Be involved and progress in
Review of existing evaluation data
IEPs:
Measurable annual goals
Present levels of educational performance
Review and revision of
Special education and related services
IEP Team
Specially-designed instruction (Definition)
GOALS
Annual goals (See “IEP” and “Annual goals”)
Performance goals and indicators (State)
Use of State-level funds to meet
300.101(a)
300.101(a)
300.103
300.148
300.145; 300.146
300.705(c)
300.304(c)(6)
300.154(e)
300.153
300.514
300.705(b)
300.133
300.30(a)(2)
300.109
300.530(d)(1)( a ), (f)(1)(i)
300.530(d)(1)(i)
300.304(b)(1)(ii)
300.305(a)(1)
300.320(a)(2)(i)
300.320(a)(1)
300,324(b)(1)(ii)
300.320(a)(4)(ii)
300.321(a)(4)(ii)
300.39(b)(3)
300.157
300.704(b)(4)(x)
September 15, 2013 16
Mississippi Department of Education
Office of Special Education
GRADUATION
Evaluation not required for
Exception to FAPE
Written prior notice required
GRANDPARENT OR STEPPARENT (In definition of “Parent”)
GUARDIAN (In definition of “Parent”)
GUARDIANSHIP, SEPARATION, AND DIVORCE (Regarding
Parent’s authority to review records)
HEARING AIDS : Proper functioning of
HEARING IMPAIRMENT
Definition
Related services, audiology
HEARING OFFICER(S) (A-B)
Additional disclosure of information requirement
Attorneys’ fees
Authority of (Discipline)
Basis of decisions
HEARING OFFICER(S) (C-Z)
Change of placement:
Hearing officer decision agrees with parents
Hearing officer may order
Expedited due process hearing (Discipline)
Impartial hearing officer
Parent appeal (Discipline)
Placement during appeals
Private school placement when FAPE is at issue
Reimbursement for private school placement by parents
Requests for evaluations by
HEARING RIGHTS
HEARINGS—HEARING PROCEDURES
Due process (See “Due process hearings”)
LEA eligibility
Notification in case of LEA or State agency ineligibility
HEART CONDITION (Definition)
HEIGHTENED ALERTNESS TO ENVIRONMENTAL STIMULI (In
“Other health impairment”)
HIGH COST FUND (LEA)
300.305(e)(2); 300.305(e)(3)
300.102(a)(3)(i)
300.102(a)(3)(iii)
300.30(a)(4)
300.30(a)(3)
300.613(c)
300.113(a)
300.8(c)(5)
300.34(c)(1)
300.612(b)
300.517(c)(2)(i)
300.532(b)
300.513(a)
300.518(d)
300.532(b)(2)(ii)
300.532(c)
300.511(c)
300.532(a)
300.533
300.148(b)
300.148(c)
300.502(d)
300.512
300.155
300.221
300.8(c)(9)(i)
300.8(c)(9)
300.704(c)
September 15, 2013 17
Mississippi Department of Education
Office of Special Education
HIGHLY MOBILE CHILDREN ( e.g., homeless and migrant children)
HIGHLY QUALIFIED TEACHER
Alternative route to certification
Definition of
Private school teachers
Requirements for in general
Requirements for teaching to alternate achievement standards
Requirements for teaching multiple subjects
Personnel qualifications
HIGH NEED CHILD
HOMELESS CHILDREN
Child Find
McKinney-Vento Homeless Assistance Act
Surrogate parents for
HYPERACTIVITY ( Attention Deficit Hyperactivity Disorder)
INAPPLICABILITY (of requirements that prohibit commingling and
supplanting of funds)
IEE (See “Independent educational evaluation”)
IEP (A-I)
Agency responsibilities for transition services
Basic requirements
Child participation when considering transition
Consideration of special factors
Consolidation of IEP Team meetings
Content of IEPs
Definition
Development, review and revision of
IEP or IFSP for children aged 3 through 5
IEP team
IEP for out-of-state transfer
IEP for in-state transfer
IEP (J-Z)
Modifications of IEP or placement (FAPE for children in adult prisons)
Modify/Amend without convening meeting
Parent participation
Parent participation-alternative means
Part C coordinator involvement
Private school placements by public agencies
Regular education teacher (See “IEP Team”)
Review and revision of IEPs
SEA responsibility regarding private school
300.111(c)(2)
300.18(b)(2)
300.18
300.18(h)
300.18(b)
300.18(b)
300.18(d)
300.156(c)
300.704(c)(3)(i)
300.111(a)(1)(i)
300.19; 300.153(b)(4)(iii);
300.508(b)(4)
300.519(a)(4)
300.8(c)(9)(i)
300.704(d)
300.324(c)(1)
300.320 through 300.324
300.321(b)(1)
300.324(a)(2)
300.324(a)(5)
300.320(a)
300.22; 300.320
300.324
300.323(b)
300.321
300.323(f)
300.323(e)
300.324(d)(2)(i)
300.324(a)(4) & (a)(6)
300.322
300.328
300.321(f)
300.325(a)(1)
300.324(b)
300.325(c)
September 15, 2013 18
Mississippi Department of Education
Office of Special Education
State eligibility requirement
Transition services
When IEPs must be in effect
IEP TEAM
Alternative educational setting (Determined by)
Consideration of special factors
Assistive technology
Behavioral interventions
Braille needs
Communication needs (Deafness and other needs)
Limited English proficiency
Determination of knowledge or special expertise
Discipline procedures
Manifestation determination
Other individuals who have knowledge or special expertise (at parent
or agency discretion)
Participation by private school (public agency placement)
Regular education teacher
IFSP (INDIVIDUALIZED FAMILY SERVICE PLAN)
Definition
Transition from Part C
IFSP vs. IEP
ILLEGAL DRUG (Definition-discipline)
IMPARTIAL DUE PROCESS HEARING
See “Due process hearings and reviews”
IMPARTIAL HEARING OFFICER
IMPARTIALITY OF MEDIATOR
INCIDENTAL BENEFITS ( Permissive use of funds)
INCIDENTAL FEES
INCLUDE (Definition)
INDEPENDENT EDUCATIONAL EVALUATION (IEE)
Agency criteria
Definition
Parent-initiated evaluations
Parent right to
Procedural safeguards notice
Public expense (Definition under IEE)
Request by hearing officers
Use as evidence at hearing
300.112
300.320(b)
300.323
300.321
300.531
300.324(a)(2)
300.324(a)(2)(v)
300.324(a)(2)(i)
300.324(a)(2)(iii)
300.324(a)(2)(iv)
300.324(a)(2)(ii)
300.321(c)
300.530(e); 300.531
300.530(e)
300.321(a)(6)
300.325(a)
300.321(a)(2); 300.324(a)(3)
300.24
300.124
300.323(b)
300.530(i)(2)
300.511
300.511(c)
300.506(b)(1)(iii)
300.208
300.39(b)(1)
300.20
300.502
300.502(a)(2); (b)(2)(ii);
(c)(1); (e)
300.502(a)(3)(i)
300.502(c)
300.502(a)(1)
300.504(c)(1)
300.502(a)(3)(ii)
300.502(d)
300.502(c)(2)
September 15, 2013 19
Mississippi Department of Education
Office of Special Education
INDIAN: INDIAN CHILDREN
Definition of “Indian”
Definition of “Indian tribe”
INDIVIDUALIZED EDUCATION PROGRAM
(See “IEP”)
INDIVIDUALIZED FAMILY SERVICE PLAN (See “IFSP”)
INFORMED CONSENT (See “Consent”)
INITIAL EVALUATION
Consent before conducting
For ward of State
Not construed as consent for initial placement
When not required
Review of existing evaluation data
INSTITUTION OF HIGHER EDUCATION (Definition)
300.21(a)
300.21(b)
300.301
300.300(a)(1)(i)
300.300(a)(2)
300.300(a)(1)(ii)
300.300(a)(2)
300.305(a)
300.26
INSTRUCTIONAL MATERIALS
Access to
Audio-visual materials
LEA purchase of
SEA coordination with NIMAC
SEA rights and responsibilities if not coordinating with NIMAC
INSURANCE
Community-based waivers
Financial costs
Financial responsibility of LEA/SEA
Out-of-pocket expense
Private insurance
Public benefits or insurance
Risk loss of eligibility
300.172
300.14(b)
300.210
300.172(c)
300.172(b)
300.154(d)(2)(iii)(D)
300.154(f)(2)
300.154(a)(1)
300.154(d)(2)(ii)
300.154(e)
300.154(d)
300.154(d)(2)(iii)(D)
INTELLECTUAL DISABILITY (Definition) 300.8(a)(1);300.8(c)(6)
INTERAGENCY AGREEMENTS
FAPE methods and payments (Joint agreements)
LRE (Children in public/private institutions)
Methods of ensuring services
300.103(a)
300.114(a)(2)(i)
300.154(a)
INTERAGENCY COORDINATION
(See “Coordination of services”, “Interagency agreements”)
INTERAGENCY DISPUTES 300.154(a)(3)
INTERAGENCY RESPONSIBILITIES (Transition services) 300.320(b)
INTERIM ALTERNATIVE EDUCATIONAL SETTING 300.530(b); 300.531;
300.532(b)(2)(i); 300.533
September 15, 2013 20
Mississippi Department of Education
Office of Special Education
INTERPRETING SERVICES
As a related service
Definition
JOINT ESTABLISHMENT OF ELIGIBILITY (LEAs)
300.34(a)
300.34(c)(4)
300.223; 300.202(b)(3);
300.224
JUDICIAL
Authorities (Referral to)
Finding of unreasonableness
Proceeding (During pendency)
300.535
300.148(d)(3)
300.518(a)
Civil action
Court(s)
300.504(c)(12); 300.514(d)
300.148(c)
300.102(a)(1); 300.148(c)
300.148(d)(3); 300.516(a)(c)(d)
300.517(a)(c)
JUVENILE-ADULT CORRECTIONS FACILITIES (See “Correctional facilities”)
LAW ENFORCEMENT AND JUDICIAL AUTHORITIES
Referral to
LEA (LOCAL EDUCATIONAL AGENCY) (A-C)
Allocations to LEAs
Reallocation of funds (if LEA is adequately providing FAPE)
Charter schools and LEAs (See “Charter schools”)
Child count: parentally-placed private school children with disabilities
Child Find-LEAs: parentally-placed private school children with disabilities
Compliance (LEA and State agency)
Consistency of LEA policies with State policies
LEA (D-G)
Definition of LEA
Developmental delay: Use of term by LEAs
Direct services by SEA (if LEA is unable or unwilling to serve children
with disabilities)
Discipline and LEAs (See “Discipline”)
300.535
300.705(b)
300.705(c)
300.133(c)
300.131
300.222
300.201
300.28
300.111(b)(2) through (b)(3)
300.227
Eligibility of LEA: Condition of assistance
Exception for prior local plans
Ineligibility of LEA (Notice by SEA)
SEA hearings on LEA eligibility
Excess cost requirement-LEA
Use of amounts for excess costs
See also “Excess costs”
LEA (H-L)
Hearings relating to LEA eligibility
Information for SEA
Instructional materials (Purchase of)
300.200-300.213
300.220
300.221
300.155
300.202(b)
300.202(a)(2)
300.155
300.211
300.210
September 15, 2013 21
Mississippi Department of Education
Office of Special Education
Joint establishment of eligibility (by two or more LEAs)
LEA and State agency compliance
LEA policies (Modification of)
See “LEA eligibility”, “Eligibility of LEA”
LEA (M-P)
Maintenance of effort (See “Maintenance of effort”)
Methods of ensuring services
Migratory children with disabilities (Linkage with records under ESEA)
Modification of policies by LEA
Noncompliance of LEA (SEA determination)
Notice requirement (On SEA)
Purchase of instructional materials
Personnel shortages (use of funds to assist LEAs in meeting)
Public information (by LEA)
LEA (R-T)
Reallocation of LEA funds (if LEA is adequately providing FAPE)
Reimbursement of LEAs by other agencies (See “Methods of ensuring services”)
Review and revision of policies
SEA reduction in payments to LEA
SEA use of LEA allocations for direct services
State-level nonsupplanting
Subgrants to LEAs
Suspension and expulsion rates-LEAs
Transition planning conferences (Part C to Part B)
LEA (U-Z)
Use of amounts (by LEA) (See also “Permissive use of funds”)
Use of SEA allocations (Regarding LEAs)
For capacity-building
To assist in meeting personnel shortages
LEA ELIGIBILITY (A-I)
Adjustment to local fiscal efforts in certain fiscal years
Charter schools-
Public: Rights of children with disabilities who attend
Public schools of the LEA
That are LEAs
Not an LEA or part of an LEA
Treatment of charter schools and their students
Condition of assistance
Consistency with State policies
Information for SEA
LEA ELIGIBILITY (M-Z)
Maintenance of effort
Exception to
Migratory children with disabilities-records regarding
Permissive use of funds
Administrative case management
300.202(b)(3); 300.223; 300.224
300.222
300.220(b)
300.154(a), (b)
300.213
300.220(b)
300.222(a)
300.222(b)
300.210
300.704(b)(4)(vii)
300.212
300.705(c)
300.170(b)
300.222(a)
300.227
300.162(c)
300.705(a)
300.170(a)(1)
300.124(c)
300.202
300.704
300.704(b)(4)(viii)
300.704(b)(4)(vii)
300.205
300.209(a)
300.209(b)
300.209(c)
300.209(d)
300.209
300.200; 300.201 through 300.213
300.201
300.211
300.203
300.204
300.213
300.208
300.208(b)
September 15, 2013 22
Mississippi Department of Education
Office of Special Education
Early intervening services
High-cost special education and related services
Services and aids that also benefit nondisabled children
Personnel development
Records regarding migratory children with disabilities
State prohibition (if LEA is unable to establish/maintain programs
of FAPE)
Treatment of charter schools and their students
LEAD POISONING (in “Other health impairment”)
LEAST RESTRICTIVE ENVIRONMENT (LRE)
Children in public or private institutions
Continuum of alternative placements
Educational service agency (additional requirement regarding LRE)
Monitoring activities
Nonacademic settings
Placements
State eligibility requirements
Additional requirement: State funding mechanism
LEISURE EDUCATION (Recreation)
LEP (See “Limited English Proficient”)
LEUKEMIA (Other health impairment)
LIMITED ENGLISH PROFICIENT (LEP)
Definition
Determinant factor in eligibility determination
In development, review, and revision of IEP
In “native language” definition
Special rule-LEP not determinant factor
LOCAL EDUCATIONAL AGENCY
(See “LEA”)
LRE
(See “Least restrictive environment”)
MAINTENANCE OF EFFORT (MOE) (A-R)
Amounts in excess (Reduce level)
Exception to
Maintenance of effort-LEA
Non-reduction of (State enforcement)
Public benefits or insurance proceeds are not “MOE”
MAINTENANCE OF EFFORT (MOE) (S-Z)
SEA flexibility
State enforcement (SEA must prohibit LEA from reducing MOE)
300.208(a)(2)
300.208(a)(3)
300.208(a)(1)
300.207
300.213
300.205(c)
300.209
300.8(c)(9)(i)
300.118
300.115
300.224(c)
300.120
300.117
300.116
300.114
300.114(b)
300.34(c)(11)(iv)
300.8(c)(9)(i)
300.27
300.306(b)(1)(iii)
300.324(a)(2)(ii)
300.29(a)
300.306(b)(1)(iii)
300.205(a)
300.204
300.203
300.608
300.154(g)(2)
300.230(a)
300.608
September 15, 2013 23
Mississippi Department of Education
Office of Special Education
MANIFESTATION DETERMINATION
McKINNEY-VENTO HOMELESS ASSISTANCE ACT
In definition of “Homeless children”
In filing a State complaint
Surrogate parents (Homeless child’s rights protected)
MEDIATION (A-Q)
Benefits of (meeting to explain)
Confidential discussions
Cost of (borne by State)
Disinterested party (to meet with parents and schools)
Disputes (Resolve through mediation)
Legally binding agreement
Mediation procedures (By public agency to allow parties to resolve disputes)
Mediators (Impartiality of)
Mediators (List of)
Mediators (Qualified and impartial)
Meeting to explain benefits of
Not used as evidence in hearing
Not used to deny/delay right to hearing
Opportunity to meet
Parent training and information center
Procedural safeguards notice
Qualified and impartial mediator
MEDIATION (R-W)
Random selection of mediators
Use of SEA allocations to establish
Voluntary
Written mediation agreement
MEDICAID
Children covered by public benefits or insurance
Construction (Nothing alters requirements imposed under Titles XIX or XXI)
Financial responsibility of each non-educational
public agency (e.g. State Medicaid)
LEA high cost fund (Disbursements not medical assistance under
State Medicaid)
Medicaid reimbursement not disqualified because service in
school context
Methods of ensuring services
Proceeds from public or private insurance
Public agency may use Medicaid
State Medicaid must proceed financial responsibility of LEA
MEDICAL (A-N)
Assistive technology device (Does not include a surgically-implanted
medical device)
300.530(e)
300.19
300.153(b)(4)(iii)
300.519(a)(4)
300.506(b)(2)(ii)
300.506(b)(6)(i)
300.506(b)(4)
300.506(b)(2)
300.506(a)
300.506(b)(6)
300.506(a)
300.506(c)
300.506(b)(3)(i)
300.506(b)(1)(iii)
300.506(b)(2)(ii)
300.506(b)(8)
300.506(b)(1)(i)
300.506(b)(2)
300.506(b)(2)(i)
300.504(c)(6)
300.506(b)(1)(iii)
300.506(b)(3)(ii)
300.704(b)(3)(ii)
300.506(b)(1)(i)
300.506(b)(7)
300.154(d)(1)
300.154(h)
300.154(a)(1)
300.704(c)(8)
300.154(b)(1)(ii)
300.154(a)(1); (b)(1)(ii); (d);
(g)(2); (h)
300.154(g)(1)
300.154(a)(1)
300.154(a)(1)
300.5
September 15, 2013 24
Mississippi Department of Education
Office of Special Education
LEA high cost fund (Disbursements not medical assistance under
State Medicaid)
Medical services (See “Related Services”)
Medical services –
Referral for audiology
Definition of
For diagnostic purposes
For speech-language pathology
Non-medical (Residential placement)
300.704(c)(8)
300.34(c)(1)(i)
300.34(c)(5)
300.34(a)
300.34(c)(15)(iii)
300.104
MEDICAL (R-Z)
Referral for medical services:
Audiology
Speech-language pathology services
SLD: Educationally relevant medical findings, if any
300.34(c)(1)(ii)
300.34(c)(15)(iii)
Related services: Exception; surgically-implanted devices (“Cochlear implants”) 300.34(b)
Routine checking of hearing aids and other devices 300.113
300.311(a)(4)
MEDICATION
Prohibition on mandatory medication 300.174
MEETING(S)
Alternative means of meeting participation
Consolidation of IEP Team meetings
Equitable services determined (Parentally-placed private school children with disabilities)
IEP Team meetings (See “IEP”)
Mediation (opportunity to meet)
Opportunity to examine records; participation in IEP Team meetings
Parent participation in meetings
Private school placements by public agencies
Reviewing and revising IEPs (Private school placements)
Services plan for private school children (meetings)
MENTAL RETARDATION (See Intellectual Disability)
METHODS OF ENSURING SERVICES
MIGRANT CHILDREN
Child find
Records regarding migratory children (Linkage with ESEA)
MINIMUM STATE COMPLAINT PROCEDURES
See “Complaints”, “State complaint procedures”
MONITOR: MONITORING ACTIVITIES
Allowable costs for monitoring
Children placed in private schools by public agencies
Implementation by SEA
Monitoring – Enforcement
State exercise of general supervision
300.328
300.324(a)(5)
300.137
300.506(b)(2)
300.501
300.506(b)(2); (b)(4)
300.325
300.325(b)
300.137(c)(1)
300.154
300.111(c)(2)
300.213
300.152
300.704(b)(3)(i)
300.147(a)
300.147(a)
300.600(a)(3)
300.600(d)(2)
September 15, 2013 25
Mississippi Department of Education
Office of Special Education
State use of targets and reporting
Private school children: SEA monitoring
State advisory panel functions (Advise SEA on corrective action plans)
Use of SEA allocations for monitoring
MULTIPLE DISABILITIES (Definition)
NATIONAL INSTRUCTIONAL MATERIALS ACCESS CENTER
(NIMAC)
NATIONAL INSTRUCTIONAL MATERIALS ACCESSIBILITY
STANDARDS (NIMAS)
NATIVE LANGUAGE (Definition)
Confidentiality (Notice to parents)
Definition
Definition of “Consent”
Evaluation procedures (Tests in native language)
Notice to parents: Confidentiality (in native language)
Prior notice:
In native language
Translated orally
Steps if not a written language
NATURE/LOCATION OF SERVICES (Direct services by SEA)
NEPHRITIS (in “Other health impairment”)
NIMAC
(See ‘National Instructional Materials Access Center”)
NIMAS
(See “National Instructional Materials Accessibility Standard”)
NONACADEMIC
Activities: Participate in (IEP content)
Services and extracurricular activities (equal opportunity to participate)
Settings
NONCOMMINGLING
NONDISABLED (Children; students)
At no cost (in definition of “special education”)
Disciplinary information
Excess cost requirement
IEP (Definition)
LRE (General requirement)
Nonacademic settings
Placement
Program options
Regular physical education
Services and aids that also benefit nondisabled children
Special education (Definition: In definition of “at no cost”)
300.602(a); (b)(1)
300.147(a)
300.169(d)
300.704(b)(3)(i)
300.8(c)(7)
300.172(e)(1)(ii)
300.172 (e)(1)(iii)
300.29
300.612(a)(1)
300.29
300.9
300.304(c)(1)(ii)
300.612(a)(1)
300.503(c)(1)(ii)
300.503(c)(2)(i)
300.503(c)(2)
300.227
300.8(c)(9)(i)
300.320(a)(4)(i)
300.107(a)
300.117
300.162(b)
300.39(b)(1)
300.229(a)
300.202(b)
300.320(a)(1)(i); (a)(4)(iii): (a)(5)
300.114
300.117
300.116
300.110
300.108(b)
300.208(a)(1)
300.39(b)(1)
September 15, 2013 26
Mississippi Department of Education
Office of Special Education
Supplementary aids and services
Suspension and expulsion rates
NONEDUCATIONAL
Medicaid service (May not be disqualified because in school context)
Methods of ensuring services:
Obligation of other State agencies
Reimbursement for services
NON-MEDICAL CARE (Residential placement)
NONSUPPLANTING
Excess cost requirement (regarding children aged 3 through 5 and
18 through 21)
LEA nonsupplanting
SEA flexibility
State-level activities (inapplicability of certain provisions)
NOTICES: By parents or parties
Attorney’s fees: When court reduces fee award regarding due process
request notice
Children enrolled by parents in private schools when FAPE is at issue
Due process complaint (Notice before a hearing on a complaint)
Private school placement by parents (When FAPE is at issue)
NOTICES: PUBLIC AGENCY (A-M)
Children’s rights (Transfer of rights)
Confidentiality (Notice to parents)
Discipline (Notification)
Exception to FAPE (Graduation)
Hearings relating to LEA eligibility
IEP meetings (Parent participation)
LEA and State agency compliance
NOTICES: PUBLIC AGENCY (N-Z)
Notification in case of ineligibility
Notice before a hearing on a due process complaint
Notice in understandable language
Notification of LEA in case of ineligibility
Parent participation in meetings
Prior notice by public agency
Private school placement by parents when FAPE is at issue (Public agency notice)
Procedural safeguards notice
Transfer of parental rights
Use of electronic mail
OCCUPATIONAL THERAPY
OPPORTUNITY TO EXAMINE RECORDS
300.42
300.170(a)(2)
300.154(b)(1)(ii)
300.154(a)(b)
300.154(b)
300.154(b)(2)
300.104
300.202(b)(1)(ii)
300.202(b)(1)(ii)
300.230(a)
300.704(d)
300.517(c)(4)(iv)
300.148(d)(1)(i)
300.508(c)
300.148(d)(1)(i)
300.625(c)
300.612
300.530(h)
300.102(a)(3)
300.155
300.322(b)
300.222
300.221(b)
300.508(c)
300.503(c)
300.221(b)
300.501(b)(2)
300.503
300.148(d)(2)
300.504
300.520(a)(1)(i)
300.505
300.34(c)(6)
300.501
September 15, 2013 27
Mississippi Department of Education
Office of Special Education
ORIENTATION AND MOBILITY SERVICES (Definition)
ORTHOPEDIC IMPAIRMENT (Definition)
OTHER HEALTH IMPAIRMENT (Definition)
OTHER INDIVIDUALS ON IEP TEAM
OUT-OF-POCKET EXPENSE (public benefit or insurance)
PARAPROFESSIONALS
In “Personnel qualifications”
PARENT (Definition)
PARENT: RIGHTS AND PROTECTIONS (A-G)
Appeal (Manifestation determination)
Amendment of records at parent request
Confidentiality (authority to inspect and review records)
Consent (See “Consent”)
Counseling and training (Definition)
Definition of “Parent”
Foster parent
Exceptions to timeline for requesting a hearing
Grandparent or stepparent
Guardian
PARENT: RIGHTS AND PROTECTIONS (H-N)
Independent educational evaluation
IEP and parent involvement:
Copy of child’s IEP
Informed of child’s progress
Option to invite other individuals
Participation in meetings
Team member
Informed consent (accessing private insurance)
Involved in placement decision
Meetings (Participation in)
Notice to public agency:
Prior to hearing on a due process complaint
Before removing child from public school
Timeline for requesting a hearing
Exceptions to timeline
PARENT: RIGHTS AND PROTECTIONS (O-Z)
Opportunity to examine records
Parent-initiated evaluations
Parent right to evaluation at public expense
Parent:
Counseling and training
Right to evaluation at public expense
300.34(c)(7)
300.8(c)(8)
300.8(c)(9)
300.321(a)(6)
300.154(d)(2)(ii)
300.156(b)
300.30
300.532
300.618
300.613(c)
300.34(c)(8)
300.30(a)(2)
300.30(a)(2)
300.511(f)
300.30(a)(4)
300.30(a)(3)
300.502
300.322(f)
300.320(a)(3)(ii)
300.321(a)(6)
300.322
300.321(a)(1)
300.154(e)(1)
300.501(c)
300.501(b)
300.508(c)
300.148(d)(1)(ii)
300.511(e)
300.511(f)
300.502(b)
300.502(c)
300.502(b)
300.34(c)(8)
300.502(b)
September 15, 2013 28
Mississippi Department of Education
Office of Special Education
Copy of child’s IEP
Right to be informed of child’s progress
Option to invite other individuals
Participation in meetings
As IEP Team member
Parent’s informed consent (accessing private insurance)
Parent’s involvement in placement decisions
Request for hearing (Discipline)
Right to an independent educational evaluation
Types and location of child’s information
PARENTAL CONSENT (See “Consent”)
300.322(f)
300.320(a)(3)(ii)
300.321(a)(6)
300.322
300.321(a)(1)
300.154(e)(1)
300.501(c)
300.532(a)
300.502(b)
300.616
PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (A-F)
Annual count of the number of 300.133(c)
Child Find for
Calculating proportionate amount
300.131
300.133(b)
Compliance
Consultation with private schools
Definition of
Due process complaints and State complaints
300.136
300.134
300.130
300.140
Equitable services determined
Equitable services provided
Expenditures
Formula
300.137
300.138
300.133(a)
300.133(a)
PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (N-R)
No individual right to special education and related services
Property, equipment, and supplies
300.137(a)
300.144
Proportionate share of funds
Provision of equitable services
Religious schools
Requirement that funds not benefit a private school
300.134(b)
300.138(c)
300.131(a); 300.137(c); 300.139(a)
300.141
PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (S-T)
Separate classes prohibited
Services on private school premises
Services plan (Definition)
For each child served under §§300.130 through300.144
300.143
300.139(a)
300.37
300.137(c)
State eligibility requirement
Transportation (Cost of)
300.129
300.139(b)(2)
PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WITH DISABILITIES (U-Z)
Use of private school personnel
Use of public school personnel
Written affirmation
Written explanation by LEA regarding services
PARTICIPATING AGENCY (Definition)
Confidentiality safeguards
IEP requirements (transition services)
300.142(b)
300.142(a)
300.135
300.134(e)
300.611(c)
300.623
300.324(c)
September 15, 2013 29
Mississippi Department of Education
Office of Special Education
PENDENCY (Stay put)
Child’s status during due process proceedings
Placement during appeals (Discipline)
Procedural safeguards notice
PERMISSIVE USE OF FUNDS (LEAs)
Administrative case management
Early intervening services
High cost education and related services
Permissive use of funds
Services and aids that also benefit nondisabled children
PERSONALLY IDENTIFIABLE (PI) INFORMATION (A-H)
Confidentiality of (State eligibility requirement)
Consent (confidentiality)
Definition of “personally identifiable”
Destruction:
Definition
Destruction of personally identifiable information
Hearing decisions to advisory panel and the public
PERSONALLY IDENTIFIABLE (PI) INFORMATION (I-Z)
Notice to parents:
Of children on whom PI information is maintained
On policies and procedures regarding disclosure to third parties, etc.
Participating agency (Definition)
Protection of PI information
Safeguards (Protect PI information)
PERSONNEL QUALIFICATIONS
PERSONNEL SHORTAGES
Use of SEA allocations to meet
PHYSICAL EDUCATION
Definition
State eligibility requirement
PHYSICAL THERAPY (Definition)
PLACEMENT(S) (A-C)
Adult prisons:
Last educational placement before incarceration
Modifications to IEPs and placements
Alternative means of meeting participation (Regarding “Placement meetings”)
Change in placement: Graduation
Child’s placement during pendency of any complaint
See also “Pendency” (Child’s status during proceedings)
300.518
300.533
300.504(c)(7)
300.208(b)
300.208(a)(2)
300.208(a)(3)
300.208
300.208(a)(1)
300.123
300.622(a)
300.32
300.611(a)
300.624
300.513(d)
300.612(a)(2)
300.612(a)(3)
300.611(c)
300.642(a)
300.623
300.156
300.704(b)(4)(vii)
300.39(b)(2)
300.108
300.34(c)(9)
300.102(a)(2)(i)
300.324(d)(2)
300.328
300.102(a)(3)(iii)
300.504(c)(7)
300.518
September 15, 2013 30
Mississippi Department of Education
Office of Special Education
Children with disabilities in adult prisons: placements
Continuum of alternative placements (Continuum-LRE)
Current placement
Change of placements because of disciplinary removals
Child’s status during proceedings
PLACEMENT(S) (D-Z)
Disciplinary changes in placement
Discipline procedures and placements
Educational placements (Parents in any group that makes placement decisions)
Graduation: a change in placement (Exception to FAPE)
Last educational placement (before incarceration)
Least restrictive environment (LRE)
Notification: LEA must notify parents of decision to change placement
Pendency (Child’s status during proceedings)
Placement of children by parents if FAPE is at issue
Placements (LRE)
Requirements for unilateral placement by parents of a child with a disability in private schools (in “Procedural safeguards notice”)
POLICY: POLICIES AND PROCEDURES
Condition of assistance (LEA eligibility)
Consistency with State policies
FAPE policy
Joint establishment of eligibility (Requirements)
LEA policies and procedures
Modifications of LEA or State agency policies
PREPONDERANCE OF EVIDENCE
Civil action
PRESCHOOL GRANTS
Allocations to LEAs
Subgrants to LEAs
Provide early intervention services in accordance with Part C
of the Act
Service coordination or case management
PRIOR NOTICE
By public agency
Notice required before a hearing on a due process complaint
Procedural safeguards notice
PRISONS
(See “Adult prisons”)
PRIVATE INSURANCE
Children with disabilities who are covered by
Proceeds from public benefits or insurance or private insurance
Use of Part B funds
300.102(a)(2)(i); 300.324(d)(2)
300.115
300.530(b)(2),(d)
300.536
300.518(a)
300.530(c)
300.530 through 300.536
300.327
300.102(a)(3)(iii)
300.102(a)(2)(i)
300.114 through 300.120
300.530(b)
300.518
300.148
300.116
300.504(c)(9)
300.200
300.201
300.101(a)
300.223
300.200 through 300.213
300.220(b)
300.516(c)(3)
300.816
300.815
300.814(e)
300.814(f)
300.503
300.508(c)
300.504
300.154(e)
300.154(g)
300.154(f)
September 15, 2013 31
Mississippi Department of Education
Office of Special Education
PRIVATE SCHOOLS AND FACILITIES
Children with disabilities placed in private schools by parents under §300.148
300.2(c)(2)
Children with disabilities referred to or placed in private schools by public agency 300.2(c)(1)
PRIVATE SCHOOL CHILDREN ENROLLED BY THEIR PARENTS
(See “Parentally-placed private school children with disabilities”)
Placement of children by parents when FAPE is at issue 300.148
PRIVATE SCHOOL PLACEMENTS BY PUBLIC AGENCIES
Applicability of this part to private schools 300.2(c)(1)
PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (A-C)
Additional disclosure of information (5 business days before hearing)
Agency responsible for conducting hearing
Appeal of hearing decisions; impartial review
Attorneys’ fees
Child’s status during proceedings
Civil action
Consent (Definition)
PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (D-H)
Electronic mail (parent may elect to receive notices by)
Evaluation (Definition)
Evaluations: Hearing officer requests for
Finality of decision; appeal; impartial review
Findings and decision to advisory panel and public
Hearing rights
PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (I-P)
Impartial due process hearing
Impartial hearing officer
Impartiality of mediator
Independent educational evaluation
Definition
Jurisdiction of district courts
Mediation
Opportunity to meet with a disinterested party
Model form to assist parties in filing a due process or State complaint
Notice required before a hearing on a due process complaint
Opportunity to examine records
Parental consent
Parent-initiated evaluations
Parent involvement in placement decisions
Parent participation in meetings
Parental rights at hearings
Parent right to evaluation at public expense
Public expense (Definition)
Pendency
Personally identifiable (Definition)
300.512(b)
300.511(b)
300.514(b)
300.517
300.518
300.516
300.9
300.505
300.15
300.502(d)
300.514
300.513(d)
300.512
300.511
300.511(c)
300.506(c)
300.502
300.502(a)(3)(i)
300.516(d)
300.506
300.506(b)(2)
300.509
300.508(c)
300.501(a)
300.300
300.502(c)
300.501(c)
300.501(b)
300.512(c)
300.502(b)
300.502(a)(3)(ii)
300.518
300.32
September 15, 2013 32
Mississippi Department of Education
Office of Special Education
Prior notice by public agency
Procedural safeguards notice
Prohibition on introduction of undisclosed evidence 5 business days before hearing
PROCEDURAL SAFEGUARDS: DUE PROCESS PROCEDURES (R-Z)
Record of hearing
Resolution process
Surrogate parents
Timelines and convenience of hearings
Transfer of parental rights at age of majority
PROCEDURAL SAFEGUARDS NOTICE
Internet Website (notice on)
PROCEEDS FROM PUBLIC BENEFITS OR INSURANCE
OR PRIVATE INSURANCE
PROGRAM INCOME (not treated as proceeds from insurance)
PROGRAM MODIFICATIONS OR SUPPORTS (IEP content)
PROTECTIONS FOR CHILDREN NOT DETERMINED
ELIGIBLE (Discipline)
PSYCHOLOGICAL SERVICES (Definition)
PUBLIC AGENCY (Definition)
PUBLIC BENEFITS OR INSURANCE
PUBLIC BENEFITS OR INSURANCE OR PRIVATE INSURANCE
(Proceeds from)
PUBLIC CHARTER SCHOOLS
(See “Charter schools”)
PUBLIC EXPENSE (Definition under “Independent education evaluation”)
PUBLIC INFORMATION (LEA)
PUBLIC NOTICE
LEA and State agency compliance
PURPOSES (of this Part 300)
QUALIFIED PERSONNEL
Related services definitions
300.503
300.504
300.512(a)(3)
300.512(a)(4)
300.510
300.519
300.515
300.520
300.504
300.504(b)
300.154(g)
300.154(g)
300.320(a)(4)
300.534
300.34(c)(10)
300.33
300.154(d)
300.154(g)
300.502(a)(3)(ii)
300.212
300.222(b)
300.1
300.34(c)(2),(5),(6),(7),(9),
(12),(13)
September 15, 2013 33
Mississippi Department of Education
Office of Special Education
RECORDS (A-D)
Access rights (Parents’ right to inspect)
Fees for records
Records on more than one child
Civil action (court shall receive records)
Conducting IEP Team meetings without parents (records of attempts to convince parents)
Confidentiality (See “Confidentiality”)
Consent to release records
Disciplinary records: Determination that behavior not manifestation
Disciplinary information
Referral to and action by law enforcement and judicial authorities
RECORDS (E-Z)
Education records (Definition)
Of parentally-placed private school children with disabilities (LEA to SEA)
Opportunity to examine records
Procedural safeguards notice (access to education records)
Record of access
Transfer of records (See “Transfer during academic year”)
RECREATION (Definition)
REEVALUATION
Frequency of occurrence
Parental consent required before conducting
If parent fails to consent
Parental consent:
Not required for administering a test that all children take
Not required for reviewing existing data
Parent refused to consent
Review of existing evaluation data
Revision of IEP (To address reevaluation)
REFERRAL
Discipline referral to and action by law enforcement and judicial authorities
Discipline protections for children not determined eligible
Medical referral for audiology
Medical referral for speech-language pathology services
Non-academic and extracurricular services (referral to agencies regarding assistance to individuals with disabilities)
Prior notice (If not initial referral for evaluation)
Private school placement when FAPE is at issue (reimbursement when no referral by public agency)
Procedural safeguards notice (upon initial referral for evaluation)
Referral to and action by law enforcement and judicial authorities
REGULAR EDUCATION TEACHER
Access to IEP
IEP Team member
Participate in IEP development
300.613
300.617
300.615
300.516(c)(1)
300.322(d)
300.622(b)
300.530(e)
300.229(c)
300.535
300.611(b)
300.132(c)
300.501(a)
300.504(c)(4)
300.614
300.34(c)(11)
300.303(b)
300.300(c)(1)
300.300(c)(1)(ii)
300.300(d)(1)(ii)
300.300(d)(1)(i)
300.300(c)(1)(ii)
300.305(a)
300.324(b)(1)(ii)
300.535
300.534
300.34(c)(1)(ii)
300.34(c)(15)(iii)
300.107(b)
300.503(b)(4)
300.148(c)
300.504(a)(1)
300.535
300.323(d)
300.321(a)(2)
300.324(a)(3)
September 15, 2013 34
Mississippi Department of Education
Office of Special Education
Behavioral interventions
Supplementary aids and services
REGULATIONS
Applicability of this part to State, local and private agencies
REHABILITATION
Assistive technology service
Rehabilitation counseling services (Definition)
In vocational rehabilitation (VR) programs
Transition services (State VR agency responsibility)
REHABILITATION COUNSELING SERVICES
REIMBURSEMENT
Methods of ensuring services
Private school placement when FAPE is at issue: Limitation on payment
Reimbursement for private school placements when FAPE is at issue
Subject for due process procedures-FAPE is at issue
Reimbursement by non-educational public agency
Reimbursement by SEA to LEA
RELATED SERVICES
Definition
Observations by teachers and related services providers regarding existing evaluation data
RELIGIOUS SCHOOLS
Child Find for parentally-placed private school children
Child Find for out-of-state children
Formula for LEA expenditures on parentally-placed children
Services plan for each child served
Services provided on-site
REMEDIES FOR DENIAL OF APPROPRIATE SERVICES
REPORTS
Child count (Annual report of children served)
Evaluation reports to parents
REPORT CARDS
REPORTING A CRIME to law enforcement and judicial authorities
RESIDENTIAL PLACEMENTS
REVOKE CONSENT AT ANY TIME (In Definition of “Consent”)
300.324(a)(3)(i)
300.324(a)(3)(ii)
300.2
300.6(d), (f)
300.34(c)(12)
300.34(c)(12)
300.324(c)(2)
300.34(c)(12)
300.154(a)(3); (b)(1)(ii);
(b)(2); (g)(2)
300.148(d)
300.148(c)
300.148(b)
300.154(b)(2)
300.704(b)(7)
300.34
300.305(a)(1)(iii)
300.131(a)
300.131(f)
300.133(a)
300.137(c)
300.139(a)
300.151(b)
300.641
300.306(a)(2)
300.320(a)(3)(ii)
300.535
300.104
300.9(c)(1)
September 15, 2013 35
Mississippi Department of Education
Office of Special Education
RHEUMATIC FEVER (Definition)
RISK OF LOSS OF ELIGIBILITY FOR INSURANCE
SCHOOL DAY (Definition)
SCHOOL HEALTH SERVICES AND SCHOOL NURSE SERVICES
SCHOOL PERSONNEL
Content of IEP
Development, review and revision of IEP
Disciplinary authority
Use of private school personnel
Use of public school personnel
SCHOOL-WIDE PROGRAMS
SEA RESPONSIBILITY
For all education programs
For direct services
Prohibition of LEA from reducing maintenance of effort
SEPARATION-DIVORCE (Authority to review records)
SERVICES PLAN (for parentally-placed private school children)
SERVICES THAT ALSO BENEFIT NONDISABLED CHILDREN
SHORTAGE OF PERSONNEL (Policy to address)
SHORT-TERM OBJECTIVES OR BENCHMARKS
SHOULD HAVE KNOWN (regarding due process complaint)
SICKLE CELL ANEMIA (Definition)
SLD
(See “Specific Learning Disability”)
SOCIAL WORK SERVICES IN SCHOOLS (Definition)
SPECIAL FACTORS (IEP Team)
SPECIAL EDUCATION (Definition)
SPECIAL EDUCATION PROVIDER
SPECIAL EDUCATION TEACHER
IEP accessible to
On IEP Team
Requirements regarding highly qualified
300.8(c)(9)(i)
300.154(d)(2)(iii)(D)
300.11(c)
300.34(c)(13)
300.320(a)(4)
300.324(a)(4)
300.530
300.142(b)
300.142(a)
300.206
300.149
300.227
300.608
300.613(c)
300.132(b); 300.137(c); 300.138(b)
300.208(a)(1)
300.704(b)(4)(vii)
300.320(a)(2)(ii)
300.511(e)
300.8(c)(9)(i)
300.34(b)(14)
300.324(a)(2)
300.39
300.321(a)(3)
300.323(d)
300.321(a)(3)
300.18
September 15, 2013 36
Mississippi Department of Education
Office of Special Education
SPECIAL RULE
Adjustments to local efforts
For child’s eligibility determination
For increasing funds
Methods of ensuring services
LEA high cost fund
Regarding transfer of rights
State advisory panel (Parent members)
SPECIFIC LEARNING DISABILITY
Definition
Evaluation requirements and report
Other alternative research-based procedures
Response to scientific, research-based intervention
Scientifically-based research (Definition)
Severe discrepancy
SPEECH-LANGUAGE PATHOLOGY SERVICES
Definition
Speech or language impairment (Definition)
STATE
Definition
Sovereign immunity
STATE ADMINISTRATION (Use of funds)
STATE ADVISORY PANEL
Due process hearings (Findings and decisions to State advisory panel)
Duties
Membership
STATE AGENCIES
Applicability of Part B to other State agencies
Compliance (LEA and State agency)
Eligibility (LEA and State agency) general conditions
Notification of LEA or State agency in case of ineligibility
State advisory panel (Membership)
State agency eligibility
State Medicaid agency
STATE COMPLAINT PROCEDURES
STATE JUVENILE AND ADULT CORRECTIONAL FACILITIES
See also “Correctional facilities”, “Adult prisons”
STATE-LEVEL ACTIVITIES (With Part B funds)
SUBGRANT(S)
State agency eligibility
300.205(d)
300.306(b)
300.704(e)
300.154(c)
300.704(c)
300.520(b)
300.168(b)
300.8(c)(10)
300.306(a); 300.307 through 300.311
300.307(a)(3)
300.307(a)(2); 300.309(a)(2)(i);
300.311(a)(7)
300.35
300.307(a)(1)
300.34(b)(15)
300.8(c)(11)
300.40
300.177
300.704(a); 300.812(a)
300.167
300.513(d)(1); 300.514(c)(1)
300.169
300.167
300.2(b)(1)(ii)
300.222
300.200 through 300.213
300.221
300.168
300.228
300.154(a)(1), (h)
300.151 through 300.153
300.2(b)(1)(iv)
300.704
300.228
September 15, 2013 37
Mississippi Department of Education
Office of Special Education
To LEAs
STATE MEDICAID AGENCY
Methods of ensuring services
See also “Medicaid”
STATE SCHOOLS
Applicability of this part to schools for children with deafness or blindness
STATE VOCATIONAL REHABILITATION AGENCY (See “Rehabilitation”)
STATES’ SOVEREIGN IMMUNITY
STAY-PUT (Child’s status during proceedings)
See also “Pendency”
SUBSTANTIAL LIKELIHOOD OR INJURY (Definition)
SUPPLEMENTARY AIDS AND SERVICES
Definition
IEP content
In “assistive technology”
LRE requirements
Methods of ensuring services
Requirement regarding regular education teacher (IEP)
Services that also benefit nondisabled children
SUPPLEMENT-NOT SUPPLANT
LEA requirement
See also “Nonsupplanting”
SUPPORT SERVICES
SURGICALLY-IMPLANTED MEDICAL DEVICE
SURROGATE PARENTS
Appointed for homeless youth
In definition of “Parent”
Timeline for assignment
SUSPENSION (EXPULSION)
Alternative programming for children expelled
Provision of FAPE
Suspension and expulsion rates
Suspension or expulsion without services
TEACHERS
See “Regular education teacher”
See “Special education teacher”
TECHNICALLY SOUND INSTRUMENTS (Evaluation)
300.705(a)
300.154(a)(1)
300.2(b)(1)(iii)
300.177
300.518
300.532(a)
300.42
300.320(a)(4)
300.105(a)(3)
300.114(a)(2)(ii)
300.154(b)
300.324(a)(3)(ii)
300.208(a)(1)
300.202(a)(3)
300.704(b)(4)(i); 300.814(a)
300.5; 300.34(b); 300.113(b)
300.519
300.519(f)
300.30(a)(5)
300.519(h)
300.704(b)(4)(ix)
300.101(a)
300.170(a)
300.534(d)(2)(ii)
300.304(b)(3)
September 15, 2013 38
Mississippi Department of Education
Office of Special Education
TERMINATION OF AGENCY OBLIGATION to provide special education to a particular child (Exception to Maintenance of Effort)
THERAPEUTIC RECREATION (Definition)
TIMELINES (A-I)
Access rights (Confidentiality: 45 days)
300.204(c)
300.34(b)(11)(ii)
Annual report of children served (Between Oct. 1 through Dec. 1)
Annual report of parentally-placed private school children (Between
Oct. 1 through Dec 1)
Assignment of surrogate parent (Not more than 30 days)
Attorney’s fees (10 days prohibition)
Civil action following due process hearing (90 days)
Complaint procedures (State: 60 days)
Conducted within 20 school days; decision within 10 school days
Decision within 45 days after expiration of 30-day period
Disclose evaluations before hearings (5 business days)
Disclosure of evaluations (at least 5 business days before hearing)
Determination of Eligibility (14 calendar days)
Due process hearings and reviews
IEP (Initial meeting: 30 days)
Initial evaluation (60 days)
Reviews (Decision not later than 30 days)
Timelines and convenience of hearings and reviews
TIMELINES-DISCIPLINE (A-P)
300.613(a)
300.641(a)
300.133(c)
300.519(h)
300.517(c)(2)(i)
300.516(b)
300.152(a)
300.532(c)(2)
300.515(a)
300.512(a)(3)
300.512(b)(1)
300.306(a)
300.510(b)(2); 300.511(e),(f)
300.323(c)(1)
300.301(c)(1)
TIMELINES (P-Z)
Prohibit introduction of evidence not disclosed (At least 5 business days before hearing)
Parent notice before private placement (At least 10 business days)
300.512(a)(3)
300.148(d)(2)
Prior Notice by the public agency 300.503(a)
Provision of evaluation report to parents (at least 7 calendar days prior to meeting) 300.306(a)(2)
300.515(b)
300.515
Authority of hearing officer (May order change of placement for not more than 45 school days)
Authority of school personnel:
Change of placement for not more than 45 consecutive days for
weapons or drugs
Removal of a child for not more than 10 school days
Change of placement for disciplinary removals:
Of more than 10 consecutive school days
Because series of removals total more than 10 school days
Due process hearing request
Expedited due process hearings:
300.532(b)(2)(ii)
300.530(g)
300.530(b)
300.536(a)(1)
300.536(a)(2)(i)
300.507(a)(2)
Conducted within 20 days
Decision within 10 days
Hearing officer (Order change of placement for not more than 45 days)
300.532(c)(2)
300.532(c)(3)(i)
300.532(b)(2)(ii)
September 15, 2013 39
Mississippi Department of Education
Office of Special Education
Manifestation determination review (conducted in no more than 10 school days)
Placement during appeals (not longer than 45 days)
TIMELINES-DISCIPLINE (Q-Z)
Removals for not more than:
10 school days (by school personnel)
45 days (to interim alternative educational setting)
By hearing officer (for substantial likelihood of injury to child or others)
By school personnel (for weapons or drugs)
TIMETABLE: Full educational opportunity goal (FEOG)
TRAINING
Assistive technology services
Confidentiality procedures (personnel using personally identifiable information must receive training)
Parent counseling and training
Travel training
TRANSFER DURING ACADEMIC YEAR
Assessments coordinated between public agencies
New school district responsibilities
Transmittal of records
TRANSFER OF PARENTAL RIGHTS
IEP requirement
Special rule
To children in correctional institutions
TRANSITION FROM PART C TO PART B
TRANSITION SERVICES (NEEDS)
Agency responsibilities for
Alternative strategies
Child participation in IEP Team meetings
Definition
IEP requirement (Statement of):
Transition service needs
Needed transition services
State rehabilitation agency
TRANSMITTAL OF RECORDS TO LAW ENFORCEMENT
AND JUDICIAL AUTHORITIES
TRANSPORTATION
Definition
Nonacademic services
Of private school children
TRAUMATIC BRAIN INJURY (TBI) (Definition)
300.530(e)
300.532(b)(2)(ii)
300.530(b)
300.532(b)(2)(ii)
300.532(b)(2)(ii)
300.530(g)(1), (g)(2)
300.109
300.6(e),(f)
300.623(c)
300.34(c)(8)
300.39(a)(2)(ii), (b)(4)
300.304(c)(5)
300.323(e), (f)
300.323(g)
300.520
300.320(c)
300.520(b)
300.520(a)(2)
300.124
300.321(b)(3); 300.324(c)(2)
300.324(c)(1)
300.321(b)(1)
300.43
300.320(b)
300.43(b)
300.324(c)(2)
300.535(b)
300.34(c)(16)
300.107(b)
300.139(b)
300.8(c)(12)
September 15, 2013 40
Mississippi Department of Education
Office of Special Education
TRAVEL TRAINING
Definition
TREATMENT OF CHARTER SCHOOLS AND THEIR STUDENTS
TREATMENT OF FEDERAL FUNDS IN CERTAIN YEARS
UNIVERSAL DESIGN
Definition
Support technology with universal design principles
USE OF AMOUNTS (LEA)
USE OF FUNDS BY LEAs
Coordinated services system
For school-wide programs
For services and aids that also benefit nondisabled children
For use in accordance with Part B
USE OF FUNDS BY STATES (SEAs)
Administrative costs of complaint investigations
Allowable costs
Assist LEAs in meeting personnel shortages
Complaint investigations
Direct and support services
High cost fund
Mediation process
Personnel preparation, professional development and training
State plan (high cost fund)
Statewide coordinated services system
Support and direct services
Technical assistance:
To LEAs
To other programs that provide services
USE OF SEA ALLOCATIONS
VISUAL IMPAIRMENT INCLUDING BLINDNESS (Definition)
VOCATIONAL EDUCATION
Definition
In definition of “Special education”
Program options
Transition services
VOCATIONAL REHABILITATION (See “Rehabilitation”)
VOLUNTARY DEPARTURE OF PERSONNEL (Exception to LEA
Maintenance of effort)
300.39(a)(2)(ii), (b)(4)
300.39(b)(4)
300.209
300.205
300.44
300.704(b)(4)(v)
300.202
300.208(a)(2)
300.206
300.208(a)(1)
300.705
300.704(b)(3)(i)
300.704(b)(3)(ii)
300.704(b)(4)(vii)
300.704(b)(3)(i)
300.704(b)(4)(i)
300.704(c)
300.704(b)(3)(ii)
300.704(b)(4)(i), (b)(4)(xi)
300.704(c)(3)(i)
300.814(d)
300.704(b)(4)(i)
300.704(b)(4)(xi)
300.704(a)(1)
300.704
300.8(c)(13)
300.39(b)(5)
300.39(a)(2)(iii)
300.110
300.320(b)(1)
300.20(a)
September 15, 2013 41
Mississippi Department of Education
Office of Special Education
WAIVERS
Public benefits or insurance (Risk of loss of eligibility for home and
community-based waivers)
WARD OF THE STATE
Appointment of surrogate parent
Definition
See definition of “Parent”
See “Surrogate parents”
WEAPON (Definition)
WHEN IEPS MUST BE IN EFFECT
300.154(d)92)(iii)(D)
300.519(c)
300.45
300.30(a)(3)
300.519(a)(3)
300.530(i)(4)
300.323
September 15, 2013 42