# Section II

## A. Assurances Related to Policies and Procedures

The State makes the following assurances that it has policies and
procedures in place as required by Part B of the Individuals with
Disabilities Education Act. (20 U.S.C. 1411-1419; 34 CFR
§§300.100-300.174)

+--------+--------+----------------------------------------------------+
| *Check |        | #                                                  |
| and    |        | #### Assurances Related to Policies and Procedures |
| enter  |        |                                                    |
| d      |        |                                                    |
| ate(s) |        |                                                    |
| as     |        |                                                    |
| appli  |        |                                                    |
| cable* |        |                                                    |
+========+========+====================================================+
| ##     | #      |                                                    |
| ## Yes | ### No |                                                    |
|        |        |                                                    |
| (Ass   | (Ass   |                                                    |
| urance | urance |                                                    |
| is     | cannot |                                                    |
| g      | be     |                                                    |
| iven.) | given. |                                                    |
|        | P      |                                                    |
|        | rovide |                                                    |
|        | date   |                                                    |
|        | on     |                                                    |
|        | which  |                                                    |
|        | State  |                                                    |
|        | will   |                                                    |
|        | co     |                                                    |
|        | mplete |                                                    |
|        | c      |                                                    |
|        | hanges |                                                    |
|        | in     |                                                    |
|        | order  |                                                    |
|        | to     |                                                    |
|        | p      |                                                    |
|        | rovide |                                                    |
|        | assur  |                                                    |
|        | ance.) |                                                    |
+--------+--------+----------------------------------------------------+
| √      |        | 1\. A free appropriate public education is         |
|        |        | available to all children with disabilities        |
|        |        | residing in the State between the ages of 3 and    |
|        |        | 21, inclusive, including children with             |
|        |        | disabilities who have been suspended or expelled,  |
|        |        | in accordance with 20 U.S.C. 1412(a)(1); 34 CFR    |
|        |        | §§300.101-300.108.                                 |
+--------+--------+----------------------------------------------------+
| √      |        | 2\. The State has established a goal of providing  |
|        |        | a full educational opportunity to all children     |
|        |        | with disabilities and a detailed timetable for     |
|        |        | accomplishing that goal. (20 U.S.C. 1412(a)(2); 34 |
|        |        | CFR §§300.109-300.110)                             |
+--------+--------+----------------------------------------------------+
| √      |        | 3\. All children with disabilities residing in the |
|        |        | State, including children with disabilities who    |
|        |        | are homeless or are wards of the State and         |
|        |        | children with disabilities attending private       |
|        |        | schools, regardless of the severity of their       |
|        |        | disabilities, and who are in need of special       |
|        |        | education and related services, are identified,    |
|        |        | located, and evaluated and a practical method is   |
|        |        | developed and implemented to determine which       |
|        |        | children with disabilities are currently receiving |
|        |        | needed special education and related services in   |
|        |        | accordance with 20 U.S.C. 1412(a)(3); 34 CFR       |
|        |        | §300.111.                                          |
+--------+--------+----------------------------------------------------+
| √      |        | 4\. An individualized education program, or an     |
|        |        | individualized family service plan that meets the  |
|        |        | requirements of section 636(d), is developed,      |
|        |        | reviewed, and revised for each child with a        |
|        |        | disability in accordance with 34 CFR §§300.320     |
|        |        | through 300.325. (20 U.S.C. 1412(a)(4); 34 CFR     |
|        |        | §300.112)                                          |
+--------+--------+----------------------------------------------------+
| √      |        | 5\. To the maximum extent appropriate, children    |
|        |        | with disabilities, including children in public or |
|        |        | private institutions or other care facilities, are |
|        |        | educated with children who are not disabled, and   |
|        |        | special classes, separate schooling, or other      |
|        |        | removal of children with disabilities from the     |
|        |        | regular educational environment occurs only when   |
|        |        | the nature or severity of the disability of a      |
|        |        | child is such that education in regular classes    |
|        |        | with the use of supplementary aids and services    |
|        |        | cannot be achieved satisfactorily in accordance    |
|        |        | with 20 U.S.C. 1412(a)(5)(A)-(B); 34 CFR           |
|        |        | §§300.114-300.120.                                 |
+--------+--------+----------------------------------------------------+
| √      |        | 6\. Children with disabilities and their parents   |
|        |        | are afforded the procedural safeguards required by |
|        |        | 34 CFR §§300.500 through 300.536 and in accordance |
|        |        | with 20 U.S.C. 1412(a)(6); 34 CFR §300.121.        |
+--------+--------+----------------------------------------------------+
| √      |        | 7\. Children with disabilities are evaluated in    |
|        |        | accordance with 34 CFR §§300.300 through 300.311.  |
|        |        | (20 U.S.C. 1412(a)(7); 34 CFR §300.122)            |
+--------+--------+----------------------------------------------------+
| √      |        | 8\. Agencies in the State comply with 34 CFR §§    |
|        |        | 300.610 through 300.626 (relating to the           |
|        |        | confidentiality of records and information). (20   |
|        |        | U.S.C. 1412(a)(8); 34 CFR §300.123)                |
+--------+--------+----------------------------------------------------+
| √      |        | 9\. Children participating in early intervention   |
|        |        | programs assisted under Part C, and who will       |
|        |        | participate in preschool programs assisted under   |
|        |        | this part, experience a smooth and effective       |
|        |        | transition to those preschool programs in a manner |
|        |        | consistent with section 637(a)(9). By the third    |
|        |        | birthday of such a child, an individualized        |
|        |        | education program or, if consistent with 34 CFR    |
|        |        | §300.323(b) and section 636(d), an individualized  |
|        |        | family service plan, has been developed and is     |
|        |        | being implemented for the child. The local         |
|        |        | educational agency will participate in transition  |
|        |        | planning conferences arranged by the designated    |
|        |        | lead agency under []{.mark}section 635(a)(10). (20 |
|        |        | U.S.C. 1412(a)(9); 34 CFR §300.124)                |
+--------+--------+----------------------------------------------------+
| √      |        | 10\. To the extent consistent with the number and  |
|        |        | location of children with disabilities in the      |
|        |        | State who are enrolled by their parents in private |
|        |        | elementary schools and secondary schools in the    |
|        |        | school district served by a local educational      |
|        |        | agency, provision is made for the participation of |
|        |        | those children in the program assisted or carried  |
|        |        | out under this part by providing for such children |
|        |        | special education and related services in          |
|        |        | accordance with the requirements found in 34 CFR   |
|        |        | §§300.130 through 300.148 unless the Secretary has |
|        |        | arranged for services to those children under      |
|        |        | subsection (f) \[By pass\]. (20 U.S.C.             |
|        |        | 1412(a)(10); 34 CFR §§300.129-300.148)             |
+--------+--------+----------------------------------------------------+
| √      |        | 11\. The State educational agency is responsible   |
|        |        | for ensuring that the requirements of Part B are   |
|        |        | met according to 34 CFR §300.149 and that the      |
|        |        | State monitors and enforces the requirements of    |
|        |        | Part B in accordance with 34 CFR §§300.600-300.602 |
|        |        | and 300.606-300.608.\                              |
|        |        | (20 U.S.C. 1412(a)(11); 34 CFR §300.149)           |
+--------+--------+----------------------------------------------------+
| √      |        | 12\. The Chief Executive Officer of a State or     |
|        |        | designee of the officer shall ensure that an       |
|        |        | interagency agreement or other mechanism for       |
|        |        | interagency coordination is in effect between each |
|        |        | public agency described in subparagraph (b) of 34  |
|        |        | CFR §300.154 and the State educational agency, in  |
|        |        | order to ensure that all services described in     |
|        |        | paragraph (b)(i) that are needed to ensure a free  |
|        |        | appropriate public education are provided,         |
|        |        | including the provision of such services during    |
|        |        | the pendency of any dispute under clause (iii).    |
|        |        | Such agreement or mechanism shall meet the         |
|        |        | requirements found in 20 U.S.C.                    |
|        |        | 1412(a)(12)(A)-(C); 34 CFR §300.154.               |
+--------+--------+----------------------------------------------------+
| √      |        | 13\. The State educational agency will not make a  |
|        |        | final determination that a local educational       |
|        |        | agency is not eligible for assistance under this   |
|        |        | part without first affording that agency           |
|        |        | reasonable notice and an opportunity for a         |
|        |        | hearing. (20 U.S.C. 1412(a)(13); 34 CFR §300.155)  |
+--------+--------+----------------------------------------------------+
| √      |        | 14\. The State educational agency has established  |
|        |        | and maintains qualifications to ensure that        |
|        |        | personnel necessary to carry out this part are     |
|        |        | appropriately and adequately prepared and trained, |
|        |        | including that those personnel have the content    |
|        |        | knowledge and skills to serve children with        |
|        |        | disabilities as noted in 20 U.S.C.                 |
|        |        | 1412(a)(14)(A)-(E); 34 CFR §300.156.               |
+--------+--------+----------------------------------------------------+
| √      |        | 15\. The State has established goals for the       |
|        |        | performance of children with disabilities in the   |
|        |        | State that meet the requirements found in 20       |
|        |        | U.S.C. 1412(a)(15)(A)-(C); 34 CFR §300.157.        |
+--------+--------+----------------------------------------------------+
| √      |        | 16\. All children with disabilities are included   |
|        |        | in all general State and districtwide assessment   |
|        |        | programs, including assessments described under    |
|        |        | section 1111 of the Elementary and Secondary       |
|        |        | Education Act of 1965, with appropriate            |
|        |        | accommodations and alternate assessments where     |
|        |        | necessary and as indicated in their respective     |
|        |        | individualized education programs as noted in 20   |
|        |        | U.S.C. 1412(a)(16)(A)-(E); 34 CFR §300.160.        |
+--------+--------+----------------------------------------------------+
| √      |        | 17\. Funds paid to a State under this part will be |
|        |        | expended in accordance with all the provisions of  |
|        |        | Part B including 20 U.S.C. 1412(a)(17)(A)-(C);     |
|        |        | []{.mark}34 CFR §300.162.                          |
+--------+--------+----------------------------------------------------+
| √      |        | 18\. The State will not reduce the amount of State |
|        |        | financial support for special education and        |
|        |        | related services for children with disabilities,   |
|        |        | or otherwise made available because of the excess  |
|        |        | costs of educating those children, below the       |
|        |        | amount of that support for the preceding fiscal    |
|        |        | year in accordance with 20 U.S.C.                  |
|        |        | 1412(a)(18)(A)-(D); 34 CFR §300.163.               |
+--------+--------+----------------------------------------------------+
| √      |        | 19\. Prior to the adoption of any policies and     |
|        |        | procedures needed to comply with this section      |
|        |        | (including any amendments to such policies and     |
|        |        | procedures), the State ensures that there are      |
|        |        | public hearings, adequate notice of the hearings,  |
|        |        | and an opportunity for comment available to the    |
|        |        | general public, including individuals with         |
|        |        | disabilities and parents of children with          |
|        |        | disabilities. (20 U.S.C. 1412(a)(19); 34 CFR       |
|        |        | §300.165)                                          |
+--------+--------+----------------------------------------------------+
| √      |        | 20\. In complying with 34 CFR §§300.162 and        |
|        |        | 300.163, a State may not use funds paid to it      |
|        |        | under this part to satisfy State-law mandated      |
|        |        | funding obligations to local educational agencies, |
|        |        | including funding based on student attendance or   |
|        |        | enrollment, or inflation. (20 U.S.C. 1412(a)(20);  |
|        |        | []{.mark}34 CFR §300.166)                          |
+--------+--------+----------------------------------------------------+
| √      |        | 21\. The State has established and maintains an    |
|        |        | advisory panel for the purpose of providing policy |
|        |        | guidance with respect to special education and     |
|        |        | related services for children with disabilities in |
|        |        | the State as found in 20 U.S.C.                    |
|        |        | 1412(a)(21)(A)-(D); 34 CFR §§300.167-300.169.      |
+--------+--------+----------------------------------------------------+
| √      |        | 22\. The State educational agency examines data,   |
|        |        | including data disaggregated by race and           |
|        |        | ethnicity, to determine if significant             |
|        |        | discrepancies are occurring in the rate of         |
|        |        | long-term suspensions and expulsions of children   |
|        |        | with disabilities in accordance with 20 U.S.C.     |
|        |        | 1412(a)(22)(A)-(B); 34 CFR §300.170.               |
+--------+--------+----------------------------------------------------+
| √      |        | 23a. The State adopts the National Instructional   |
|        |        | Materials Accessibility Standard for the purposes  |
|        |        | of providing instructional materials to blind      |
|        |        | persons or other persons with print disabilities,  |
|        |        | in a timely manner after the publication of the    |
|        |        | National Instructional Materials Accessibility     |
|        |        | Standard in the Federal Register in accordance     |
|        |        | with 20 U.S.C. 1412(a)(23)(A) and (D); 34 CFR      |
|        |        | §300.172.                                          |
+--------+--------+----------------------------------------------------+
|        |        | 23b. *(Note: Check either \"23b.1\" or \"23b.2\"   |
|        |        | whichever applies.*                                |
+--------+--------+----------------------------------------------------+
| √      |        | 23b.1 The State educational agency coordinates     |
|        |        | with the National Instructional Materials Access   |
|        |        | Center and not later than 12/03/06 the SEA as part |
|        |        | of any print instructional materials adoption      |
|        |        | process, procurement contract, or other practice   |
|        |        | or instrument used for purchase of print           |
|        |        | instructional materials enters into a written      |
|        |        | contract with the publisher of the print           |
|        |        | instructional materials to:                        |
|        |        |                                                    |
|        |        | -   require the publisher to prepare and, on or    |
|        |        |     before delivery of the print instructional     |
|        |        |     materials, provide to the National             |
|        |        |     Instructional Materials Access Center,         |
|        |        |     electronic files containing the contents of    |
|        |        |     the print instructional materials using the    |
|        |        |     National Instructional Materials Accessibility |
|        |        |     Standard; or                                   |
|        |        |                                                    |
|        |        | -   purchase instructional materials from the      |
|        |        |     publisher that are produced in, or may be      |
|        |        |     rendered in, specialized formats. (20 U.S.C.   |
|        |        |     1412(a)(23)(C); 34 CFR §300.172)               |
+--------+--------+----------------------------------------------------+
|        |        | 23b.2 The State Educational Agency has chosen not  |
|        |        | to coordinate with the National Instructional      |
|        |        | Materials Access Center but assures that it will   |
|        |        | provide instructional materials to blind persons   |
|        |        | or other persons with print disabilities in a      |
|        |        | timely manner. (20 U.S.C. 1412(a)(23)(B); 34 CFR   |
|        |        | §300.172)                                          |
+--------+--------+----------------------------------------------------+
| √      |        | 24\. The State has in effect, consistent with the  |
|        |        | purposes of the IDEA and with section 618(d) of    |
|        |        | the Act, policies and procedures designed to       |
|        |        | prevent the inappropriate over identification or   |
|        |        | disproportionate representation by race and        |
|        |        | ethnicity of children as children with             |
|        |        | disabilities, including children with disabilities |
|        |        | with a particular impairment described in 34 CFR   |
|        |        | §300.8. (20 U.S.C 1412(a)(24); 34 CFR §300.173)    |
+--------+--------+----------------------------------------------------+
| √      |        | 25\. The State educational agency shall prohibit   |
|        |        | State and local educational agency personnel from  |
|        |        | requiring a child to obtain a prescription for a   |
|        |        | substance covered by the Controlled Substances Act |
|        |        | (21 U.S.C. 812(c)) as a condition of attending     |
|        |        | school, receiving an evaluation under 34 CFR       |
|        |        | §§300.300 through 300.311, or receiving services   |
|        |        | under the IDEA as described in 20 U.S.C.           |
|        |        | 1412(a)(25)(A)-(B); 34 CFR §300.174.               |
+--------+--------+----------------------------------------------------+

## Other Assurances

The State also makes the following assurances:

+-------+--------------------------------------------------------------+
| ###   | ##### Other Assurances                                       |
| # Yes |                                                              |
+=======+==============================================================+
| √     | 1\. The State shall distribute any funds the State does not  |
|       | reserve under 20 U.S.C. 1411(e) to local educational         |
|       | agencies (including public charter schools that operate as   |
|       | local educational agencies) in the State that have           |
|       | established their eligibility under section 613 for use in   |
|       | accordance with this part as provided for in 20 U.S.C.       |
|       | 1411(f)(1)-(3); 34 CFR §300.705.                             |
+-------+--------------------------------------------------------------+
| √     | 2\. The State shall provide data to the Secretary on any     |
|       | information that may be required by the Secretary. (20       |
|       | U.S.C. 1418(a)(3); 34 CFR §§300.640-300.645.)                |
+-------+--------------------------------------------------------------+
| √     | 3\. The State, local educational agencies, and educational   |
|       | service agencies shall use fiscal control and fund           |
|       | accounting procedures that insure proper disbursement of and |
|       | accounting for Federal funds. (34 CFR §76.702)               |
+-------+--------------------------------------------------------------+
| √     | 4\. As applicable, the assurance in OMB Standard Form 424B   |
|       | (Assurances for Non-Construction Programs), relating to      |
|       | legal authority to apply for assistance; access to records;  |
|       | conflict of interest; merit systems; nondiscrimination;      |
|       | Hatch Act provisions; labor standards; flood insurance;      |
|       | environmental standards; wild and scenic river systems;      |
|       | historic preservation; protection of human subjects; animal  |
|       | welfare; lead-based paint; Single Audit Act; and general     |
|       | agreement to comply with all Federal laws, executive orders  |
|       | and regulations.                                             |
+-------+--------------------------------------------------------------+