Part 130. Procedural Requirements and Program Standards

6 CAR § 130-1106. Appeal. (a)(1) General. The parent of a child with a disability who disagrees with any decision regarding placement under 34 C.F.R. §§ 300.530 and 300.531 or the manifestation determination under 34 C.F.R. § 300.530(e), or an LEA that believes that maintaining t…

6 CAR § 130-1107. Protections for children not determined eligible for special education and related services. (a) General. A child who has not been determined to be eligible for special education and related services under this part and who has engaged in behavior that violated …

6 CAR § 130-1108. Referral to and action by law enforcement and judicial authorities. (a) Nothing in this part prohibits an LEA/public agency from reporting a crime committed by a child with a disability to appropriate authorities or prevents state law enforcement and judicial au…

6 CAR § 130-1109. Corporal punishment. A school district that authorizes use of corporal punishment shall not: (1) Use corporal punishment on a child who is: (A) Intellectually disabled; (B) Nonambulatory; (C) Nonverval; or (D) Autistic; or (2) Include in its written student disc…

6 CAR § 130-1110. Applicable statues and rules — Note. In addition to the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and this subpart, school districts must follow all requirements and meet all obligations to its students under Arka…

6 CAR § 130-1201. Filing a complaint. (a) An organization or an individual, including those from another state, may file a written, signed complaint with the Division of Elementary and Secondary Education, or the complaint may be made in person by recorded deposition or statement…

6 CAR § 130-1202. Preliminary action. (a) Complaints received pursuant to 6 CAR § 130-1201 shall be referred to the Special Education Unit of the Division of Elementary and Secondary Education for subsequent investigation and resolution within sixty (60) calendar days after recei…

6 CAR § 130-1203. Team composition. Each investigative team shall include: (1) At least two (2) but no more than five (5) persons; and (2) Any person whom the Director of the Special Education Unit deems necessary to expedite the investigation and resolve the issues of the compla…

6 CAR § 130-1204. Timeline. (a) The investigation shall be completed and a written report issued of the findings, decisions, and corrective actions, if any, within sixty (60) calendar days of receipt of the complaint, unless an extension of the timeline is granted by the Director…

6 CAR § 130-1205. Fact-finding activities. (a) The complaint investigation team may use any of a variety of fact-finding activities in the course of a complaint investigation, including, but not limited to: (1) Independent on-site data collection, if the SEA determines that an in…

6 CAR § 130-1206. Complaint investigation report. (a) At the close of a complaint investigation, the relevant information will be reviewed by the investigative team, and the team will make an independent determination regarding the allegation or allegations against the agency as …

6 CAR § 130-1207. Complaint set-aside. (a) Complaints filed under this section and due process hearings under: (1) 34 C.F.R. §§ 300.507 and 300.530 – 300.532; and (2) 6 CAR § 130-1001 et seq. (b)(1) If a written complaint is received that is also the subject of a due process hear…

6 CAR § 130-1301. General LRE requirements. Each public agency must ensure: (1) That to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and (…

6 CAR § 130-1302. Continuum of alternative placements. (a) Each public agency must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. (b) The continuum required in subsection (…

6 CAR § 130-1303. Placements. In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that: (1) The placement decision is made: (A) By a group of persons, including the parents and other …

6 CAR § 130-1304. Nonacademic settings. (a) In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in 34 C.F.R. § 300.107, each public agency must ensure th…

6 CAR § 130-1305. Technical assistance and training activities. Each public agency must carry out activities to ensure that teachers and administrators under its jurisdiction are: (1) Fully informed about their responsibilities for implementing LRE; and (2) Provided with technica…

6 CAR § 130-1401. Definition of parentally placed private school children with disabilities. “Parentally placed private school children with disabilities” means children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet t…

6 CAR § 130-1402. Child find for parentally placed private school children with disabilities. (a) General. Each LEA must locate, identify, and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and seconda…

6 CAR § 130-1403. Basic requirements for provision of services for parentally placed private school children with disabilities. (a) General. To the extent consistent with the number and location of children with disabilities who are enrolled by their parent in private, including …

6 CAR § 130-1404. Expenditures. (a)(1) Each LEA must spend on providing special education and related services (including direct services) to parentally placed private school children with disabilities: (A) For children aged three (3) to twenty-one (21), an amount that is the sam…

6 CAR § 130-1405. Consultation. To ensure timely and meaningful consultation, an LEA must consult with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special educati…

6 CAR § 130-1406. Equitable services determined. (a) No individual right to special education and related services. (1) No parentally placed private school child with a disability has an individual right to receive some or all of the special education and related services that th…

6 CAR § 130-1407. Equitable services provided. (a) General. (1) The services provided to parentally placed private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private…

6 CAR § 130-1408. Location of services — Transportation. (a) Services provided to parentally placed private school children with disabilities may be provided on the premises of private, including religious, schools, to the extent consistent with law. (b) Transportation. (1) Gener…

6 CAR § 130-1409. Due process complaints and state complaints. (a) Due process inapplicable, except for child find. Except as provided in subsection (b) of this section, the procedures in 34 C.F.R. §§ 300.504 – 300.519 and 6 CAR §§ 130-905 – 130-906, 6 CAR § 130-1001 et seq., and…

6 CAR § 130-1410. Separate classes prohibited. An LEA may not use funds available under Section 611 or Section 619 of the Individuals with Disabilities Education Act for classes that are organized separately on the basis of school enrollment or religion of the students if the cla…

6 CAR § 130-1411. Requirement that funds not benefit a private school. (a) An LEA may not use funds provided under Section 611 or Section 619 of the Individuals with Disabilities Education Act to finance the existing level of instruction in a private school or to otherwise benefi…

6 CAR § 130-1412. Use of school personnel. An LEA may use funds available under Sections 611 and 619 of the Individuals with Disabilities Education Act to make public school personnel available in other than public facilities: (1) To the extent necessary to provide services under…

6 CAR § 130-1413. Use of private school personnel. An LEA may use funds available under Section 611 or Section 619 of the Individuals with Disabilities Education Act to pay for the services of an employee of a private school to provide services under 34 C.F.R. §§ 300.130 – 300.14…

6 CAR § 130-1414. Requirements concerning property, equipment, and supplies. (a) A public agency must control and administer the funds used to provide special education and related services under 34 C.F.R. §§ 300.137 – 300.139, and hold title to and administer materials, equipmen…

6 CAR § 130-1415. Children with disabilities enrolled by their parents in private schools when FAPE is at issue. (a) General. (1) This part does not require an LEA to pay for the cost of education, including special education and related services, of a child with a disability at …

6 CAR § 130-1416. Children with disabilities in private schools placed or referred by public agencies. (a) This section applies only to children with disabilities who are or have been placed in or referred to a private school or facility by a public agency as a means of providing…

6 CAR § 130-1501. Generally. Each public agency must ensure that the rights of a child are protected when: (1) No parent (as defined in 34 C.F.R. § 300.30 and 6 CAR § 130-246) can be identified; (2) The public agency, after reasonable efforts, cannot locate a parent; (3) The chil…

6 CAR § 130-1502. Duties of public agency. (a) The duties of a public agency under 34 C.F.R. § 300.519(a) and 6 CAR § 130-1501 include the assignment of an individual to act as a surrogate for the parents. (b) This must include a method for: (1) Determining whether a child needs …

6 CAR § 130-1503. Wards of the state. In the case of a child who is a ward of the state, the surrogate parent alternatively may be appointed by the judge overseeing the child's case, provided that the surrogate meets the requirements in 34 C.F.R. § 300.519(d)(2)(i) and (e) and 6 …

6 CAR § 130-1504. Criteria for selection of surrogates. (a) The public agency may select a surrogate parent in any way permitted under state law. (b) Public agencies must ensure that a person selected as a surrogate: (1) Is not an employee of the SEA, the LEA, or any other agency…

6 CAR § 130-1505. Nonemployee requirement — Compensation. A person who otherwise qualifies to be surrogate parent under 34 C.F.R. § 300.519(d) and 6 CAR § 130-1503 is not an employee of the agency solely because he or she is paid by the agency to serve as a surrogate parent.…

6 CAR § 130-1506. Unaccompanied homeless youth. In the case of a child who is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents…

6 CAR § 130-1507. Responsibilities. The surrogate parent may represent the child in all matters relating to the: (1) Identification, evaluation, and educational placement of the child; and (2) Provision of FAPE to the child.

6 CAR § 130-1508. SEA responsibility. The SEA must make reasonable efforts to ensure the assignment of a surrogate parent not more than thirty (30) days after a public agency determines that the child needs a surrogate parent.

6 CAR § 130-1601. Access rights. (a)(1) Each participating agency must permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under Part B of the Individuals with Disabilities Education Act and t…

6 CAR § 130-1602. Education records. (a) Education records are broadly defined as those records, files, documents, and other materials that: (1) Contain information directly related to the student; and (2) Are maintained by an educational agency or institution or by a person acti…

6 CAR § 130-1603. Record of access. Each participating agency must keep a record of parties obtaining access to education records collected, maintained, or used under Part B of the Individuals with Disabilities Education Act and this part (except access by parents and authorized …

6 CAR § 130-1604. Records on more than one child. If any education record includes information on more than one (1) child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific informatio…

6 CAR § 130-1605. List of types and location of information. Each participating agency must provide parents on request a list of the types and locations of education records collected, maintained, or used by the agency.

6 CAR § 130-1606. Fees. (a) Each participating agency may charge a fee for copies of records that are made for parents under this part if the fee does not effectively prevent the parents from exercising their right to inspect and review those records. (b) A participating agency m…

6 CAR § 130-1607. Amendment of records at parent’s request. (a) A parent who believes that information in the education records collected, maintained, or used under this part is inaccurate or misleading or violates the privacy or other rights of the child may request the particip…

6 CAR § 130-1608. Opportunity for a hearing. The agency must, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not: (1) Inaccurate; (2) Misleading; or (3) Otherwise in violation of the privacy or other rights of t…

6 CAR § 130-1609. Result of hearing. (a) If, as a result of the hearing, the agency decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it must: (1) Amend the information accordingly; and (2) So inform the…