Current through Supplement No. 394, October, 2024
1. The department shall seek to recover any
funds made available under part B of IDEA as amended for services to any child
who has been determined erroneously classified as eligible to be counted
through the December first child count.
2. The department shall use the following
procedures for implementing and monitoring child count:
a. The department shall review annually the
federal part B of IDEA regulations for conducting a statewide child count;
b. The department shall send
letters annually explaining December first child count procedures as required
by part B of IDEA to all special education units;
c. Each local education agency shall respond
to the request by submitting required data in an electronic format specified by
the department;
d. Each individual
responsible for collecting child count information shall verify to the best of
the individual's knowledge that the child count is a true, accurate count by
submitting a sworn affidavit;
e.
Data must be edited through computer checks as well as visual scanning to
identify errors. Each apparent error must be checked with the local education
agency from which it was submitted and changes entered into a statewide child
count data base;
f. The department
shall compile all child count information on a federally required reporting
form;
g. Child count information
must be submitted by special education units for analysis and comparison of
data to other records collected by the department containing numbers of served
students with disabilities; and
h.
The department must monitor procedures to verify accuracy of special education
unit child counts as follows:
(1) A sample of
students from the current child count must be selected, with an attempt made to
include all categories of disability;
(2) The files of the selected students must
be reviewed onsite for timeliness and completeness; and
(3) Evidence of student eligibility must be
based on the following criteria:
(a) The lEP
must have been in effect and the child with disabilities receiving special
education and related services at the time of the child count;
(b) That the child with disabilities has been
evaluated and determined to be a child with a disability eligible to receive
special education and related services; and
(c) That the student was enrolled in school
at the time of the child count.
3. The department shall request the special
education units to return federal funds for all misclassified children who were
included in the child count.
4.
Funds for misclassified students must be returned to the department within
thirty days of the department's notification to the special education unit.
5. The department shall request
the return of federal per pupil allocations in a direct ratio to the percentage
of error found during monitoring.
6. The request for return of funds may not be
made without first affording the special education unit a review after
reasonable notice has been given and the unit has had an opportunity to present
information and data relating to the error calculation.
a. If the error is substantiated, the funds
in question must be returned within thirty days of the request.
b. If the special education unit does not
return the funds, the department shall suspend federal financial assistance
immediately until the situation is corrected.
7. The department shall return all funds to
the United States department of education office of special education programs
for misclassified children who were included in the child count.
8. Final disapproval action may not be taken
by the department on any applications submitted by a special education unit
without first affording the applicant reasonable notice and opportunity for a
hearing.
9. The following
procedure, set forth under section 76.401 of the education department general
administrative regulations as amended provides the procedures for an appeal:
a. The applicant must request the hearing of
the department within thirty days of the action of the department;
b. Within thirty days after it receives a
request, the department will request the assignment of an administrative law
judge from the North Dakota office of administrative hearings, who shall hold a
hearing on the record and shall review the department's action;
c. No later than ten days after the hearing
by the administrative law judge, the administrative law judge shall issue a
written ruling, including findings of fact and reasons for the ruling.
(1) If the administrative law judge
determines that its action was contrary to state or federal statutes or
regulations that govern the applicable program, the department shall rescind
its action; or
(2) If the
department does not rescind its final action after a review, the applicant may
appeal to the secretary of the United States Department of Education, 400
Maryland Avenue Southwest, Washington, DC 20202-0002. The applicant must file a
notice of the appeal with the secretary within twenty days after the applicant
has been notified by the department of the results of the department's review.
For purposes of appeal, the notice must state a description of the violation,
the corrective action sought by the department, and the relief sought by the
applicant. If supported by substantial evidence, findings of fact of the
department are final; and
d. The department shall make available at
reasonable times and places to each applicant all records of the agency
pertaining to any review or appeal the applicant is conducting under this
section, including records of other applicants.
General Authority: NDCC 15-59-05
Law Implemented: NDCC 15-59-05, 15-59-05.1, 15-59-05.2; 20
USC 1400 - 1419
