(1) Each LEA shall demonstrate to the
satisfaction of the Department of Education that it:
(a) Complies with all state and federal
requirements for child find;
(b)
Makes available a FAPE to all children with disabilities;
(c) Includes children with disabilities in
state and district-wide assessments, with appropriate accommodations and
modifications where necessary, or in alternate assessments. The type of
assessment must be determined by the IEP team consistent with the state
guidelines for participation of students with disabilities in state or
districtwide assessments.
(d)
Ensures that children with disabilities participating in early intervention
programs experience a smooth and effective transition to preschool programs and
that, by the child's third birthday, an IEP has been developed and implemented
for the child. The LEA shall participate in the transition planning meeting no
less than ninety (90) days prior to the third birthday of a child who may be a
child with a disability.
(e)
Ensures that children with disabilities who are enrolled in private schools or
facilities by the LEA are provided special education and related services, in
accordance with the IEP, at no cost to them or to their parents.
(f) Ensures that children with disabilities
who are enrolled in private schools by their parents have an opportunity for
special education services and that the amount spent to provide those services
is a proportionate amount of the federal funds made available to the LEA. No
unilaterally placed private school child with a disability has an individual
entitlement to receive some or all of the special education and related
services that the child would receive if enrolled in a public school.
(g) Establishes and has in effect policies,
procedures, and programs that are consistent with this chapter for implementing
the provision of special education and related services in order to ensure
compliance with applicable state and federal regulations including, but not
limited to:
1. Free appropriate public
education, including interagency agreements to ensure FAPE for all
children;
2. Child find
procedures;
3. Evaluation,
reevaluation and determination of eligibility procedures;
4. IEP/Individual Family Service Plan (IFSP)
procedures;
5. Confidentiality
procedures;
6. Private school
services procedures;
7. Goals for
performance of children with disabilities through school improvement
planning;
8. Inclusion of children
with disabilities in state and district-wide assessment programs with
appropriate accommodations and modifications and the reporting of assessment
data; and
9. Maintenance of
effort.
(h) Supplements
the provision of special education funds but does not commingle or supplant the
provision of special education funding.
(i) Publicizes annual information regarding
its special education programs and services and child find
activities.
(j) Ensures that
special education professionals and paraprofessionals are provided professional
development collaboratively with general education personnel.
(k) Ensures that school administrators have
professional development, training and the resources to establish challenging
expectations and provide access to the general education curriculum in the
regular classroom to the maximum extent possible for all children including
those eligible for special education.
(l) Ensures that a continuum of alternative
placements and related services are available to meet the needs of children
with disabilities.
(2)
Each LEA shall annually submit to the Department, at a minimum, the following
information in accordance with the Department's guidelines:
(a) A census of children with disabilities
showing the total number and distribution of children within the LEA's
jurisdiction who are provided special education and related services;
(b) An assurance that IDEA funds will be used
to supplement, and not to supplant, state and local funds, and will be expended
only for the excess cost of providing special education and related services to
children with disabilities;
(c) An
assurance that, to the maximum extent appropriate, children with disabilities
are educated with children without disabilities;
(d) A detailed budget and end of the year
report of expenditures of all funds available to provide special education and
related services; and
(e) An
assurance that a FAPE is available to all children with disabilities between
the ages of three (3) and twenty-one (21), inclusive, including children who
reach twenty-two (22) years of age during the school year and children who have
been suspended or expelled for more than ten (10) school days in a school
year.
(3) Each LEA shall
maintain an accurate record of all children with disabilities who are residing
within its jurisdiction. The census shall be taken on December 1 of each year
and at other times as required by the Department.
(4) LEAs shall evaluate their special
education programs and related services according to federal and state
evaluation criteria.
(5) LEAs,
state agencies, and private schools shall be monitored on a periodic basis by
the Department of Education to determine the extent to which special education
and related services are being implemented in the least restrictive environment
and to assure compliance with applicable laws and regulations. The Department
of Education shall provide technical assistance in self-evaluation, program
planning, and implementation of any necessary corrective action
plans.
(6) The Department shall
annually report on the Department's website, at a minimum, the following
information:
(a) The number and percentage of
children with disabilities in this state;
(b) The number and percentage of children
with disabilities, disaggregated by disability category;
(c) The participation and performance of
children with disabilities on state assessments; and
(d) Other performance indicators for children
with disabilities.
