210:15-13-2 - Special education assurances and certifications (Part B)

210:15-13-2. Special education assurances and certifications (Part B)

(a) Assurance statements. The State Department of Education makes the following assurances and provisions as required by Part B of the Individuals with Disabilities Education Improvement Act [20 U.S.C. 1411 - 1420]. Additionally, the Department assures that all policies and procedures regarding special education adhere to all pertinent Oklahoma State laws [70 O.S. § 13-101 through 13-114.4 and § 13-121 through 13-129].

(1) In carrying out the requirements of 20 U.S.C. 1412, procedures are established for consultation with individuals involved in or concerned with the education of children with disabilities, including disabled individuals and parents or guardians of children with disabilities [20 U.S.C. 1412(7) (A)].

(2) Programs and procedures will be established to assure that funds received by the State or any of its political subdivisions under any other Federal program, including subpart 2 of part D of Chapter 1 of Title I of the Elementary and Secondary Education Act of 1965 and section 202(1) of the Carl D. Perkins Vocational Education Act, under which there is specific authority for the provision of assistance for the education of children with disabilities, will be utilized by the State, or any of its political subdivisions, only in a manner consistent with goal of providing a free appropriate public education for all children with disabilities, except that nothing in this clause shall be construed to limit the specific requirements of the laws governing such Federal programs [20 U.S.C. 1413(a) (2)].

(3) Federal funds made available under the Act:

(A) will not be commingled with State funds; and

(B) will be so used as to supplement and increase the level of Federal, State, and local funds (including funds that are not under the control of State of local educational agencies) expended for special education and related services provided to children with disabilities and will in no case be used to supplant such Federal, State, and local funds, except that, where the State provides clear and convincing evidence that all children with disabilities have available to them a free appropriate education, the Secretary may waive in part the requirement of this clause if the Secretary concurs with evidence provided by the State [20 U.S.C. 1413(a) (9) (B) and 20 U.S.C. 1414(a) (2) (B) (ii)].

(4) The State has an advisory panel, appointed by the Governor or any other official authorized under State law to make such appointments, composed of individuals involved in, or concerned with, the education of children with disabilities, including disabled individuals, teachers, parents or guardians of children with disabilities, State and local officials, which:

(A) advises the State educational agency of unmet needs within the State in the education of children with disabilities;

(B) comments publicly on any rules or regulations proposed for issuance by the State regarding the education of children with disabilities, and the procedures for distribution of funds under the Act; and

(C) assists the State in developing and reporting such data and evaluations as may assist the Secretary in the performance of his responsibilities under 20 U.S.C. 1418 [20 U.S.C. 1413(a) (12)].

(5) The Individuals with Disabilities Education Improvement Act will not be construed by the State to permit the State to reduce medical or other assistance available under, or to alter the eligibility requirements of, programs funded in whole or in part through Title V (Maternal and Child Health) or Title XIX (Medicaid) of the Social Security Act, with respect to the prevision of a free appropriate public education for children with disabilities within the State.

(b) General State application. The State educational agency provides assurances that it will comply with the provisions contained in 34 CFR 76.101.

(c) Certification. In accordance with 34 CFR 76.104 the state educational agency assures:

(1) That the Plan is submitted by the state agency that is eligible to submit the Plan.

(2) That the State agency has authority under State law to perform the functions of the State under the program.

(3) That the State legally may carry out each provision of the Plan.

(4) That all provisions of the plan are consistent with State Law.

(5) That a State Officer, specified by title in the certification, has authority under State law to receive, hold and disburse Federal funds made available under the Plan.

(6) That the State Officer who submits this plan, specified by title in the certification, has authority to submit the Plan.

(7) That the agency that submits the Plan has adopted or otherwise formally approved the Plan.

(8) That the Plan is the basis for State operation and administration of the program.

(d) Right to education policy statement.

(1) The Oklahoma State Department of Education (SDE) reaffirms the continuing commitment of the State to uphold the civil right of every child with disabilities (0-21) of access to a free, appropriate, public education.

(2) As the agency empowered to coordinate the supervision of all public and private special service programs throughout the State, the State Board of Education ensures through a variety of methods that required services are provided to all eligible children with disabilities (0-21) in conformity with the requirements of P.L. 94-142 and P.L. 99-457 and amendments.

(3) To ensure all public and private agencies are fully and accurately informed of required policies and procedures that must be followed in providing appropriate public education opportunities to children and youth with disabilities, the SDE annually distributes copies of its primary resource document POLICIES AND PROCEDURES MANUAL FOR SPECIAL EDUCATION IN OKLAHOMA. This manual was originally conceived as an adjunct to the State Plan and has since evolved into a highly utilitarian guide for designing, implementing, monitoring and evaluating special education programs. Basically, the manual describes:

(A) The roles and responsibilities under P.L. 94-142 (and amendments) of the SDE, LEAs and other public and private special service providers;

(B) Policies and procedures to be followed by all parties; and

(C) Forms to be used to document IEP process.

(4) Section I and II of the manual reaffirm the State policy of providing a free, appropriate, public education to every eligible child with disabilities in Oklahoma, ages 0-21 years.

Added at 8 Ok Reg 2973, eff 6-12-91 (emergency); Added at 9 Ok Reg 1813, eff 5-26-92; Amended at 24 Ok Reg 1889, eff 6-25-07

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