for September 15, 2013 Policies - Mississippi Department of Education

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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)

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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)

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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)

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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)

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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)

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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

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