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U.S. Department of Education: Promoting Educational Excellence for all Americans

Additional Eligibility Requirements

Section 300.156(e), regarding personnel qualifications, has been revised (1) to add "or a class of students," to clarify that a judicial action on behalf of a class of students may not be filed for failure of a particular SEA or LEA employee to be highly qualified, and (2) to substitute the word "employee" for "staff person," to be more precise in the rule of construction in new Sec. 300.18(f) (proposed Sec. 300.18(e)).

Section 300.160 (participation in assessments) has been removed, and the section has been designated as "Reserved." Participation in assessments is the subject of a new notice of proposed rulemaking issued on December 15, 2005 (70 FR 74624) to amend the regulations governing programs under Title I of the ESEA and Part B of the IDEA regarding additional flexibility for States to measure the achievement of children with disabilities based on modified achievement standards.