2009-10 IDEA Assurances
Print, Sign and Send this Page to:
Tara Canlett
Special Education, OSPI
PO Box 47200
Olympia, WA 98504-7200
Single Agency Certification
This application is submitted for the following federal programs for
students with disabilities:
Individuals with Disabilities Education Act (IDEA), Part B (P.L. 108-446)
IDEA, Section 619 (preschool)
Name of Superintendent:
Date:
Section I Submission Statement for Part B of IDEA
1. The Local Education Agency (LEA) assures that throughout the period of this
grant award the LEA will operate consistent with all requirements of 20
U.S.C. 1400 et seq. (Individuals with Disabilities Education Improvement Act
of 2004 (IDEA)) and applicable regulations.
Section II Assurances
The LEA makes the following assurances and provisions as required by Part B of the
IDEA and those contained in 20 U.S.C. 1413(a):
1. The LEA assures that in providing for the education of children with
disabilities within its jurisdiction it has policies, procedures and programs
consistent with 20 U.S.C. 1412. 34 CFR 300.201 and WAC 392-172A-06005.
The LEA also assures that it will revise its procedures to address changes to
chapter 392-172A WAC consistent with the federal revisions contained in
Federal Register, Vol. 73, No. 231 (Monday, December 1, 2008) within 6
months of OSPI’s adoption of amendments, and provide OSPI with a copy of
its revisions. If the LEA makes other changes to existing policies and/or
procedures due to a new interpretation of an applicable provision of the act
by federal or state courts or an official finding of noncompliance with federal
or state law or regulations, the LEA will provide a copy to OSPI.
2. A free appropriate public education is available to all children with disabilities
residing in the LEA between the ages of 3 and 21, inclusive, including
children with disabilities who have been suspended or expelled from school,
in accordance with 20 U.S.C. 1412(a)(1). 34 CFR 300.201 and WAC 392172A-02000
3. All children with disabilities residing in the LEA, including children with
disabilities who are homeless or are wards of the State, and children with
disabilities unilaterally enrolled in private non-profit elementary or secondary
schools within district boundaries, regardless of the severity of their
disabilities, and who are in need of special education and related services,
are identified, located, and evaluated and a practical method is developed
and implemented to determine which children with disabilities are currently
receiving needed special education and related services in accordance with
20 U.S.C. 1412(a)(3) and WAC 392-172A-02040 and report these data to
OSPI in a timely and accurate manner.
4. An individualized education program that meets the requirements of 20
U.S.C. 1436(d), is developed, reviewed, and revised for each child with a
disability in accordance with 20 U.S.C. 1414(d) and WAC 392-172A-03110.
5. 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 not disabled, and special classes, separate schooling,
or other removal of children with disabilities from the regular educational
environment occurs only when the nature or severity of the disability of a
child is such that education in regular classes with the use of supplementary
aids and services cannot be achieved satisfactorily in accordance with 20
U.S.C. 1412(a)(5)(A)-(B) and WAC 392-172A-02050.
6. Children with disabilities and their parents are afforded the procedural
safeguards required by 20 U.S.C. 1415 and in accordance with 20 U.S.C.
1412(a)(6) and WAC 392-172A-05000 through -05020.
7. Children with disabilities are evaluated in accordance with subsections (a)
through (c) of 20 U.S.C. 1414. (20 U.S.C. 1412(a)(7)). 34 CFR 300.201 and
WAC 392-172A-03000 through -03080
8. The LEA will comply with 20 U.S.C. 1417(c) relating to the confidentiality of
records and information. (20 U.S.C. 1412(a)(8)). 34 CFR 300.201 and WAC
392-172A-05180 through -05245
9. Children participating in early intervention programs assisted under Part C,
and who will participate in preschool programs assisted under this part,
experience a smooth and effective transition to those preschool programs in
a manner consistent with 20 U.S.C. 1437(a)(9). By the third birthday of such
a child, an individualized education program has been developed. The LEA
will participate in transition planning conferences arranged by the designated
lead agency under 20 U.S.C. 1435(a)(10). (20 U.S.C. 1412(a)(9) and WAC
392-172A-02080)
10. To the extent consistent with the number and location of children with
disabilities in the LEA who are unilaterally enrolled by their parents in private
elementary schools and secondary schools in the school district served by
the LEA, provision is made for the participation of those children in the
program assisted or carried out under this part by providing for such children
special education and related services in accordance with the requirements
found in 20 U.S.C. 1412(a)(10)(A)-(C) unless the Secretary has arranged for
services to those children under subsection (f) [By pass]. WAC 392-172A04035.
11. The LEA assures that amounts provided to it under Part B of IDEA will be
expended in accordance with 20 U.S.C. 1412(a) and 1) shall be used only to
pay the excess costs of providing special education and related services to
children with disabilities; 2) shall be used to supplement State, local, and
other federal funds and not to supplant such funds; and 3) shall not be used
to reduce the level of expenditures for the education of children with
disabilities made by the LEA from local funds below the level of those
expenditures for the preceding fiscal year subject to the exceptions
contained in 20 U.S.C. 1413 (a) (B) and (C). 34 CFR 300.202-205 and WAC
392-172A-06005 through 06025
12. The OSPI School Apportionment and Financial Services Office reviews
maintenance of effort on a yearly basis. The applicant understands that a
"noncompliance notice" will be issued to the LEA if the district fails
maintenance of effort tests. The LEA will either provide documentation to
OSPI assuring that it is maintaining effort or reimburse OSPI for any federal
funds expended that supplant state and local effort.
13. P.L. 81-874: The LEA assures that any P.L. 81-874 (impact aid) add-on
funds which it may receive for the benefit of students with disabilities will be
spent in accordance with the federal regulations governing that program.
14. The LEA shall ensure that all personnel necessary to carry out Part B of the
IDEA are appropriately and adequately prepared, subject to the
requirements of section 20 U.S.C. 1412 (a)(14) and section 2122 of the
Elementary and Secondary Education Act of 1965. 34 CFR 300.207 and WAC
392-172A-02090
15. The LEA shall make available to parents of children with disabilities and to
the general public all documents relating to the eligibility of the LEA under
Part B of the IDEA. 34 CFR 300.212 and WAC 392-172A-06050
16. The LEA shall provide OSPI with information necessary to enable the state to
carry out its duties with respect to information relating to the state
performance goals contained in 20 U.S.C. 1412 (a)(15) and in 20 U.S.C.
1412 (a) (16) as it relates to the performance of children with disabilities on
statewide assessments. 34 CFR 300.211 and 34 CFR 300.602 and WAC 392172A-06045 and WAC 392-172A-07045
17. The LEA shall cooperate in the Secretary’s efforts under section 1308 of the
Elementary and Secondary Education Act of 1965 to ensure the linkage of
records pertaining to migratory children with a disability for the purpose of
electronically exchanging, among the states, health and educational
information regarding such children. 34 CFR 300.313 and WAC 392-172A06055
18. Records related to the location, assessment, and placement of special
education students and the development and implementation of
individualized education programs shall be maintained. Programmatic and
fiscal information records shall be available to authorized representatives of
OSPI for the purpose of compliance verification. 34 CFR 76.301 and 76.731;
WAC 392-172A-05205 and -06045
19. The LEA will implement procedural safeguards in accordance with 20 U.S.C.
1415. 34 CFR 300.301 and WAC 392-172A-03005
20. The LEA assures that programs and activities for special education students
meet the requirements of Title II of the ADA and Section 504 of the
Rehabilitation Act of 1973. WAC 392-172A-01035
21. The LEA shall use fiscal control and fund accounting procedures that insure
proper disbursement of and accounting for federal funds. 34 CFR 76.702 and
WAC 392-172A-06010
22. The LEA will comply with the State adopted National Instructional Materials
Accessibility Standard for the purpose of providing instructional materials to
blind persons or other persons with print disabilities.34 CFR 300.172(e)(2)
and WAC 392-172A-6040
22a. The LEA:
coordinate with the National Instructional Materials Access Center (NIMAC).
Whether or not the LEA coordinates with NIMAC, it assures that each child
who requires instructional materials in an alternate format will receive these
in a timely manner 20 U.S.C. 1413 (6). 34 CFR 300.210 and WAC 392-172A06040
If the district has selected "will not" above, please describe in detail how the
district will ensure that students who are visually impaired or blind; acquire
instructional materials in specialized format; ensure instructional materials
are provided to the students in a timely manner; and how the district will
verify the materials meet NIMAS standards:
23. The LEA assures that it will comply with any corrective actions required by
OSPI or their designees through the citizen complaint process, due process
orders, or monitoring. 34 CFR 300.201 and WAC 392-172A-05030, -05105,
and -07010
24. In the event that an LEA is not eligible under Part B of the act, or is not
complying with corrective actions as a result of monitoring, state complaints,
or due process decisions and the superintendent intends to withhold or
recover funds in whole or in part, the LEA shall be provided the opportunity
for a hearing as provided in WAC 392-172A-06065.
Statement
(check
this box)
I certify that the school district has read these assurances and
will operate its Part B program in accordance with all of the
assurances and submission statement.
The LEA will operate throughout the period of this grant award consistent with the
requirements of the IDEA as found in 20 U.S.C. 1400 et seq. and any applicable
regulations, and has submitted to OSPI board-approved policies and procedures
reflecting the changes in IDEA 2004 and WAC 392-172A, including documentation of
local board approval. (34 CFR §76.104)
I, the undersigned authorized official of the School District am designated to submit
this application for 2009–10 funds under Part B of the Individuals with Disabilities
Education Act (IDEA).
Name of authorized official:
Position of authorized official:
Date:
Signature Line:
_____________________________________________________________________