Improving Systems, Practices and Outcomes

Statute, Regulations and Policy Letters for Part B

Part B IDEA 2004 Statute

Part B Federal Regulations for IDEA 2004

December 19, 2016

Amended Final Regulations Addressing Equity under Part B of the IDEA were published in the Federal Register. The regulations address issues related to significant disproportionality in the identification, placement, and discipline of students with disabilities based on race or ethnicity. They are effective January 18, 2017. The Department's Office of Civil Rights has also released policy guidance (Dear Colleague Letter, Fact Sheet, FAQs) on preventing racial discrimination in special education.

The Center for IDEA Fiscal Reporting (CIFR) has produced a useful reference Crosswalk of Current Significant Disproportionality Regulations with Prior Significant Disproportionality Regulations that displays in a table format the text of prior disproportionality regulations and the current disproportionality regulations released in the Federal Register, December 19, 2016, beside OSEP commentary on the changes.

April 28, 2015

Amended Regulations for Part B of the IDEA were published in the Federal Register. These amendments revise and clarify the regulations governing the requirement that local educational agencies maintain fiscal effort, known as "maintenance of effort."

February 14, 2013

IDEA Part B Final Regulations on Parental Consent for the Use of Public Benefits or Insurance were published in the Federal Register. The regulations amend the Department's regulations in 34 CFR ยง300.154(d)(2)(iv), which were published in the Federal Register on August 14, 2006. They are effective on March 18, 2013. For complete information see IDEA Part B Final Regulations on Parental Consent, which includes a PDF: one-page summary, as well as a PDF: Q&A with non-regulatory guidance on the new regulations.

April 2009

PDF: Non-regulatory Guidance on the Part B Final Supplemental Regulations (scan down the page) was published by the U.S. Department of Education's Office of Special Education Programs (OSEP).

December 1, 2008

PDF: IDEA Part B Final Supplemental Regulations were published in the Federal Register.

August 14, 2006

PDF: Federal Regulations for Part B of IDEA 2004 (34 CFR Part 300), Assistance to States for the Education of Children With Disabilities, were published in the Federal Register.

Archived information

Full-text of the previous (1999) Part B Regulations, including 34 CFR Part 300 (1999), as well as 34 CFR Part 301 (1999), Preschool Grants for Children With Disabilities.

OSEP Policy Letters of Clarification

OSEP regularly updates its collection of policy letters regarding the early childhood provisions of the IDEA 2004 statute and regulations.

  • IDEAs that Work: Office of Special Education Programs, U.S. Department of Education

The ECTA Center is a program of the FPG Child Development Institute of the University of North Carolina at Chapel Hill, funded through cooperative agreement number H326P170001 from the Office of Special Education Programs, U.S. Department of Education. Opinions expressed herein do not necessarily represent the Department of Education's position or policy.

Project Officer: Julia Martin Eile     © 2012-2018 ECTA Center

  • UNC Frank Porter Graham Child Development Institute