Mont. Admin. R. 10.16.3141 - SUPERINTENDENT OF PUBLIC INSTRUCTION RESPONSIBILITY FOR MONITORING
(1) The Superintendent of Public Instruction
shall provide an ongoing and systematic monitoring process consistent with the
requirements of
34 CFR
300.600 through
300.602
and
300.606 through
300.608 to
ensure compliance with IDEA and its implementing regulations at 34 CFR, part
300, and Montana statutes pertaining to special education at Title 20, chapter
7, part 4, MCA, and implementing administrative rules at ARM Title 10, chapter
16. The procedures shall apply to all educational programs for students with
disabilities including those administered by other state agencies and
educational programs for students with disabilities referred to or placed in
private schools by a public agency.
(a) The
procedures shall include:
(i) review of local
educational agency policies, procedures, services, and performance
data;
(ii) determination of the
need for further information, on-site visitation, training, technical
assistance, or intervention;
(iii)
development of strategies to enable the local educational agency to improve
services, educational practices, and outcomes for students with
disabilities;
(iv) Superintendent
of Public Instruction review of the performance of each local educational
agency on the targets in the state's performance plan in accordance with
34 CFR 300.608
and
300.646;
and
(v) procedures for
identification of noncompliance and its correction including:
(A) the local educational agency's response
to the findings;
(B) written
documentation verifying immediate discontinuance of the violation, elimination
of any continuing effects of past violations, and prevention of the occurrence
of any future violations and the steps taken to address the violation;
and
(C) verification of compliance
by the Superintendent of Public Instruction.
(2) If a local educational agency
is not meeting the requirements under Part B of IDEA, including the targets in
the State Performance Plan, or fails to voluntarily take steps to correct an
identified deficiency or fails to take any of the actions specified in a local
educational agency corrective action plan, the Superintendent of Public
Instruction shall notify the local educational agency in writing of the actions
the Superintendent of Public Instruction intends to take in order to enforce
compliance with IDEA and its implementing regulations, and Montana statutes
pertaining to special education and implementing administrative rules.
(a) The notice shall include a statement of
the actions the Superintendent of Public Instruction intends to take, right to
a hearing, and consequence of the local educational agency's continued
noncompliance on its accreditation status and approval for state and federal
funding of special education services.
(b) The Superintendent of Public Instruction
may initiate one or more of the options under ARM
10.16.3121 and implement the
provisions of
34 CFR 300.608
to ensure compliance.
Notes
20-7-402, MCA; IMP, 20-7-403, MCA;
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