Current through Vol. 42, No. 1, September 16, 2024
(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