OMB NO. 1820-0030

**Expires: 08/31/05**

**ANNUAL STATE APPLICATION UNDER PART B OF THE**

**INDIVIDUALS WITH DISABILITIES EDUCATION ACT AS AMENDED IN 2004**

### FOR FEDERAL FISCAL YEAR 2005

### CFDA No. 84.027A and 84.173A

**ED FORM No. 9055**

**UNITED STATES DEPARTMENT OF EDUCATION**

**OFFICE OF SPECIAL EDUCATION PROGRAMS**

**Washington, DC 20202-2600**

# Section I

# A. Submission Statement for Part B of IDEA

Please select and check the appropriate statement(s) the State is using
for this Federal Fiscal Year.

1\. \_\_\_\_\_ The State provides assurances that it has in effect
policies and procedures to meet the eligibility requirements of Part B
of the Act as found in PL 108-446. The State is able to meet all
assurances found in Section II.A of this Application. (See Section IV,
*Optional Technical Assistance Checklist*, which is provided to assist
States in determining the disposition of policies and procedures.)

2\. \_\_\_\_\_ The State cannot provide assurances [for all]{.underline}
eligibility requirements of Part B of the Act as found in PL 108-446.
The State has determined that [it is unable]{.underline} to make the
assurances [that are checked as 'No' in Section II.A]{.underline}.
However, the State assures that throughout the period of this grant
award the State will operate consistent with all requirements of PL
108-446 and applicable regulations. The State will make such changes to
existing policies and procedures as are necessary to bring those
policies and procedures into compliance with the requirements of the
IDEA, as amended, as soon as possible, and not later than July 1, 2006.
[The State has included the date by which it expects to complete
necessary changes associated with assurances marked 'No']{.underline}.
(Refer to Assurances found in Section II.A.)[^1]

3\. \_\_\_\_\_ The State is submitting modifications to State policies
and procedures previously submitted to the Department. These
modifications are: (1) deemed necessary by the State, for example when
the State revises applicable State law or regulations; (2) required by
the Secretary because there is a new interpretation of the Act or
regulations by a Federal court or the State's highest court; and/or (3)
because of an official finding of noncompliance with Federal law or
regulations.

**B. Conditional Approval for Current Grant Year**

**If the State received conditional approval for the current grant year,
check the appropriate statement below:**

1\. \_\_\_\_\_ The State previously has submitted documentation of
completion of all issues identified in the FFY 04 conditional approval
letter.

2\. \_\_\_\_\_ The State is attaching documentation of completion of all
issues identified in the FFY 04 conditional approval letter. *(Attach
documentation showing completion of all issues.)*

3\. \_\_\_\_\_ The State has not completed all issues identified in the
FFY 04 conditional approval letter. *(Attach documentation showing
completion of any issues and a list of items not yet completed.)*

#### Section II

##### A. Assurances

The State makes the following assurances and provisions as required by
Part B of the Individuals with Disabilities Education Act. (20 U.S.C.
1411-1419)

  ------------------------------------------------------------------------------------
  *Check and                      **Assurances\
  enter date(s)                   ***(20 U.S.C. 1411-1419)*
  as applicable*                  
  --------------- --------------- ----------------------------------------------------
  **Yes\          **No\           
  ***(Assurance   ***(Assurance   
  is given.)*     cannot be       
                  given. Provide  
                  date on which   
                  State will      
                  complete        
                  changes in      
                  order to        
                  provide         
                  assurance.)*    

                                  1\. 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.

                                  2\. 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).

                                  3\. 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)).

                                  4\. All children with disabilities residing 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).

                                  5\. An individualized education program, or an
                                  individualized family service plan that meets the
                                  requirements of 20 U.S.C. 1436(d), is developed,
                                  reviewed, and revised for each child with a
                                  disability in accordance with 20 U.S.C. 1414(d). (20
                                  U.S.C. 1412(a)(4))

                                  6\. 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).

                                  7\. Children with disabilities and their parents are
                                  afforded the procedural safeguards required by 20
                                  U.S.C. 1415 and in accordance with 20 U.S.C.
                                  1412(a)(6).

                                  8\. Children with disabilities are evaluated in
                                  accordance with subsections (a) through (c) of 20
                                  U.S.C. 1414. (20 U.S.C. 1412(a)(7))

                                  9\. Agencies in the State comply with 20 U.S.C.
                                  1417(c) (relating to the confidentiality of records
                                  and information). (20 U.S.C. 1412(a)(8))

                                  10 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 20 U.S.C. 1437(a)(9). By the third
                                  birthday of such a child, an individualized
                                  education program or, if consistent with 20 U.S.C.
                                  1414(d)(2)(B) and 20 U.S.C. 1436(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 20 U.S.C. 1435(a)(10).
                                  (20 U.S.C. 1412(a)(9))

                                  11\. 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 20 U.S.C.
                                  1412(a)(10)(A)-(C) unless the Secretary has arranged
                                  for services to those children under subsection (f)
                                  \[By pass\].

                                  12\. The State educational agency is responsible for
                                  ensuring that the requirements of part B are met
                                  according to 20 U.S.C. 1412(a)(11)(A)-(C).

                                  13\. 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 20
                                  U.S.C. 1412(a)(12) and the State educational agency,
                                  in order to ensure that all services described in
                                  subparagraph (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).

                                  14\. 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))

                                  15\. 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).

                                  16\. 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).

                                  17 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).

                                  18\. 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).

                                  19\. 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).

                                  20\. 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))

                                  21\. In complying with 20 U.S.C. 1412(a)(17) and
                                  (18), 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))

                                  22\. 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)).

                                  23\. 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).

                                  24\. 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)-(E).

                                  25\. The State has in effect, consistent with the
                                  purposes of the IDEA and with 20 U.S.C. 1418(d),
                                  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 20 U.S.C. 1401.
                                  (20 U.S.C 1412(a)(24))

                                  26\. 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. 801 et seq.) as a condition of attending
                                  school, receiving an evaluation under subsection (a)
                                  or (c) of 20 U.S.C. 1414, or receiving services
                                  under the IDEA as described in 20 U.S.C.
                                  1412(a)(25)(A)-(B).

                                  27\. 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 20 U.S.C. 1413 for use in accordance with this
                                  part as provided for in 20 U.S.C. 1411(f)(1)-(3).

                                  28\. 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))

                                  29\. 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.)

                                  30\. The State will continue to comply with the
                                  regulations that are still applicable and currently
                                  in place.
  ------------------------------------------------------------------------------------

##### B. Certifications

The State Educational Agency is providing the following certifications:

+-------+--------------------------------------------------------------+
| **    |                                                              |
| Yes** |                                                              |
+-------+--------------------------------------------------------------+
|       | 1\. The State certifies that ED Form 80-0013, *Certification |
|       | Regarding Lobbying*, is on file with the Secretary of        |
|       | Education.                                                   |
|       |                                                              |
|       | > With respect to the *Certification Regarding Lobbying* the |
|       | > State recertifies that no Federal appropriated funds have  |
|       | > been paid or will be paid to any person for influencing or |
|       | > attempting to influence an officer or employee of any      |
|       | > agency, a Member of Congress, an officer or employee of    |
|       | > Congress, or an employee of a Member of Congress in        |
|       | > connection with the making or renewal of Federal grants    |
|       | > under this program; that the State shall complete and      |
|       | > submit Standard Form-LLL, "Disclosure Form to Report       |
|       | > Lobbying," when required (34 CFR Part 82, Appendix B); and |
|       | > that the State Agency shall require the full               |
|       | > certification, as set forth in 34 CFR Part 82, Appendix A, |
|       | > in the award documents for all sub awards at all tiers.    |
+-------+--------------------------------------------------------------+
|       | 2\. The State certifies that certifications in the Education |
|       | Department General Administrative Regulations (EDGAR) at 34  |
|       | CFR §80.11 relating to State eligibility, authority and      |
|       | approval to submit and carry out the provisions of its State |
|       | application, and consistency of that application with State  |
|       | law are in place within the State.                           |
+-------+--------------------------------------------------------------+
|       | 3\. The State certifies that the arrangements to establish   |
|       | responsibility for services pursuant to 20 U.S.C.            |
|       | 1412(a)(12)(A) are current. This certification must be       |
|       | received prior to the expenditure of any funds reserved by   |
|       | the State under 20 U.S.C. 1411(e)(1).                        |
+-------+--------------------------------------------------------------+

## **C. Statement**

I certify that the State of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ can
make the assurances checked as 'yes' in Section II.A and the
certifications required in Section II.B of this application. These
provisions meet the requirements of the Part B of the Individuals with
Disabilities Education Act as found in PL 108-446. The State will
operate its Part B program in accordance with all of the required
assurances and certifications.

If any assurances have been checked 'no', I certify that the State will
operate throughout the period of this grant award consistent with the
requirements of the IDEA as found in PL 108-446 and any applicable
regulations, and will make such changes to existing policies and
procedures as are necessary to bring those policies and procedures into
compliance with the requirements of the IDEA, as amended, as soon as
possible, and not later than July 1, 2006. (34 CFR §76.104)

I, the undersigned authorized official of the

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,

(*Name of State and official name of State agency*)

am designated by the Governor of this State to submit this application
for FFY \_\_\_\_\_\_\_ funds under Part B of the Individuals with
Disabilities Education Act (IDEA).

  ---------------------------------- ------------------------------------
  Printed/Typed Name and Title of    
  Authorized Representative of the   
  State:                             

  Signature:                         Date:
  ---------------------------------- ------------------------------------

# 

# Section III

# Description of Use of Funds Under Part B of the Individuals with Disabilities Education Act -- 20 U.S.C. 1411(e)(5)

Describe how the amount retained by the State educational agency under
20 U.S.C. 1411(e)(1) will be used to meet the following activities under
Part B. (20 U.S.C. 1411(e)(1)--(3), (6) and (7). The Department annually
identifies for States the maximum amount that a State may retain under
Section 611(e)(1) and (2).[^2] The amounts or percentages listed by the
State in this chart for administration and for other State activities
should add up to less or equal to the amount or percentage provided to
the State by the Department for each of these activities.

+------------------------------------------+---------------------------+
| ####### FO                               | **PERCENTAGE OF TOTAL     |
| R ADMINISTRATIVE ACTIVITIES UNDER PART B | STATE ALLOCATIONS**       |
|                                          |                           |
|                                          | *Note: Other measures of  |
|                                          | the amounts that will be  |
|                                          | used for these purposes   |
|                                          | may be substituted.*      |
+==========================================+===========================+
| For the purpose of administering this    |                           |
| part, including 20 U.S.C. 1411(e)(3), 20 |                           |
| U.S.C. 1419, and the coordination of     |                           |
| activities under this part with, and     |                           |
| providing technical assistance to, other |                           |
| programs that provide services to        |                           |
| children with disabilities (20 U.S.C.    |                           |
| 1411(e)(1)(A))                           |                           |
+------------------------------------------+---------------------------+
| The administration of Part C of IDEA, if |                           |
| the SEA is the Lead Agency for the State |                           |
| under Part C. (20 U.S.C. 1411 (e)(1)(D)) |                           |
+------------------------------------------+---------------------------+
| A State may use funds the State reserves |                           |
| for administration that are the result   |                           |
| of inflationary increases described in   |                           |
| 20 U.S.C. 1411(e)(1)(B) for the          |                           |
| following activities: (20 U.S.C.         |                           |
| 1411(e)(6))                              |                           |
+------------------------------------------+---------------------------+
| For support and direct services,         |                           |
| including technical assistance,          |                           |
| personnel preparation, and professional  |                           |
| development and training.                |                           |
+------------------------------------------+---------------------------+
| To assist local educational agencies in  |                           |
| providing positive behavioral            |                           |
| interventions and supports and           |                           |
| appropriate mental health services for   |                           |
| children with disabilities.              |                           |
+------------------------------------------+---------------------------+
| To assist local educational agencies in  |                           |
| meeting personnel shortages.             |                           |
+------------------------------------------+---------------------------+
| To support capacity building activities  |                           |
| and improve the delivery of services by  |                           |
| local educational agencies to improve    |                           |
| results for children with disabilities.  |                           |
+------------------------------------------+---------------------------+
| **Flexibility in Using Funds for Part    |                           |
| C** (20 U.S.C. 1411(e)(7))               |                           |
+------------------------------------------+---------------------------+
| Any State eligible to receive a grant    |                           |
| under 20 U.S.C. 1419 may use funds made  |                           |
| available under 20 U.S.C. 1411(e)(1)(A), |                           |
| 20 U.S.C. 1411(f)(3), or 20 U.S.C.       |                           |
| 1419(f)(5) to develop and implement a    |                           |
| State policy jointly with the lead       |                           |
| agency under part C and the State        |                           |
| educational agency to provide early      |                           |
| intervention services (which shall       |                           |
| include an educational component that    |                           |
| promotes school readiness and            |                           |
| incorporates preliteracy, language, and  |                           |
| numeracy skills) in accordance with part |                           |
| C to children with disabilities who are  |                           |
| eligible for services under 20 U.S.C.    |                           |
| 1419 and who previously received         |                           |
| services under part C until such         |                           |
| children enter, or are eligible under    |                           |
| State law to enter, kindergarten, or     |                           |
| elementary school as appropriate.        |                           |
+------------------------------------------+---------------------------+
| **Establishment of High Cost Fund** (20  |                           |
| U.S.C. 1411(e)(3)(B)(i))                 |                           |
+------------------------------------------+---------------------------+
| A State shall not use any of the funds   |                           |
| the State reserves pursuant to 20 U.S.C. |                           |
| 1411(e)(3)(A)(i), [but may use the funds |                           |
| the State reserves under 20 U.S.C.       |                           |
| 1411(e)(1)]{.underline}, to establish    |                           |
| and support the high cost fund.          |                           |
+------------------------------------------+---------------------------+

+------------------------------------------+---------------------------+
| **FOR OTHER STATE-LEVEL ACTIVITIES**     | **PERCENTAGE OF TOTAL     |
|                                          | STATE ALLOCATIONS**       |
|                                          |                           |
|                                          | *Note: Other measures of  |
|                                          | the amounts that will be  |
|                                          | used for these purposes   |
|                                          | may be substituted.*      |
+==========================================+===========================+
| **Required Activities**                  |                           |
|                                          |                           |
| Funds reserved under 20 U.S.C.           |                           |
| 1411(e)(2)(A) shall be used to carry out |                           |
| the following activities:                |                           |
+------------------------------------------+---------------------------+
| For monitoring, enforcement, and         |                           |
| complaint investigation                  |                           |
+------------------------------------------+---------------------------+
| To establish and implement the mediation |                           |
| process required by 20 U.S.C. 1415(e),   |                           |
| including providing for the cost of      |                           |
| mediators and support personnel.         |                           |
+------------------------------------------+---------------------------+
| **Authorized Activities**                |                           |
|                                          |                           |
| > Funds reserved under 20 U.S.C.         |                           |
| > 1411(e)(2)(A) may be used to carry out |                           |
| > the following activities:              |                           |
+------------------------------------------+---------------------------+
| For support and direct services,         |                           |
| including technical assistance,          |                           |
| personnel preparation, and professional  |                           |
| development and training.                |                           |
+------------------------------------------+---------------------------+
| To support paperwork reduction           |                           |
| activities, including expanding the use  |                           |
| of technology in the IEP process.        |                           |
+------------------------------------------+---------------------------+
| To assist local educational agencies in  |                           |
| providing positive behavioral            |                           |
| interventions and supports and           |                           |
| appropriate mental health services for   |                           |
| children with disabilities.              |                           |
+------------------------------------------+---------------------------+
| To improve the use of technology in the  |                           |
| classroom by children with disabilities  |                           |
| to enhance learning.                     |                           |
+------------------------------------------+---------------------------+
| To support the use of technology,        |                           |
| including technology with universal      |                           |
| design principles and assistive          |                           |
| technology devices, to maximize          |                           |
| accessibility to the general education   |                           |
| curriculum for children with             |                           |
| disabilities.                            |                           |
+------------------------------------------+---------------------------+
| Development and implementation of        |                           |
| transition programs, including           |                           |
| coordination of services with agencies   |                           |
| involved in supporting the transition of |                           |
| children with disabilities to            |                           |
| postsecondary activities.                |                           |
+------------------------------------------+---------------------------+
| To assist local educational agencies in  |                           |
| meeting personnel shortages.             |                           |
+------------------------------------------+---------------------------+
| To support capacity building activities  |                           |
| and improve the delivery of services by  |                           |
| local educational agencies to improve    |                           |
| results for children with disabilities.  |                           |
+------------------------------------------+---------------------------+
| Alternative programming for children     |                           |
| with disabilities who have been expelled |                           |
| from school, and services for children   |                           |
| with disabilities in correctional        |                           |
| facilities, children enrolled in         |                           |
| State-operated or State-supported        |                           |
| schools, and children with disabilities  |                           |
| in charter schools.                      |                           |
+------------------------------------------+---------------------------+
| To support the development and provision |                           |
| of appropriate accommodations for        |                           |
| children with disabilities, or the       |                           |
| development and provision of alternate   |                           |
| assessments that are valid and reliable  |                           |
| for assessing the performance of         |                           |
| children with disabilities, in           |                           |
| accordance with Sections 1111(b) and     |                           |
| 6111 of the Elementary and Secondary     |                           |
| Education Act of 1965.                   |                           |
+------------------------------------------+---------------------------+
| To provide technical assistance to       |                           |
| schools and local educational agencies,  |                           |
| and direct services, including           |                           |
| supplemental educational services as     |                           |
| defined in Section 1116(e) of the        |                           |
| Elementary and Secondary Education Act   |                           |
| of 1965 to children with disabilities,   |                           |
| in schools or local educational agencies |                           |
| identified for improvement under Section |                           |
| 1116 of the Elementary and Secondary     |                           |
| Education Act of 1965 on the sole basis  |                           |
| of the assessment results of the         |                           |
| disaggregated subgroup of children with  |                           |
| disabilities, including providing        |                           |
| professional development to special and  |                           |
| regular education teachers, who teach    |                           |
| children with disabilities, based on     |                           |
| scientifically based research to improve |                           |
| educational instruction, in order to     |                           |
| improve academic achievement to meet or  |                           |
| exceed the objectives established by the |                           |
| State under Section 1111(b)(2)(G) the    |                           |
| Elementary and Secondary Education Act   |                           |
| of 1965.                                 |                           |
+------------------------------------------+---------------------------+
| **Local Educational Agency Risk Pool**   |                           |
| (20 U.S.C. 1411(e)(3)(A)): For the       |                           |
| purpose of assisting local educational   |                           |
| agencies (including a charter school     |                           |
| that is a local educational agency or a  |                           |
| consortium of local educational          |                           |
| agencies) in addressing the needs of     |                           |
| high need children with disabilities,    |                           |
| each State shall have the option to      |                           |
| reserve for each fiscal year 10 percent  |                           |
| of the amount of funds the State         |                           |
| reserves for State-level activities      |                           |
| under 20 U.S.C. 1411(e)(2)(A)---         |                           |
+------------------------------------------+---------------------------+
| To establish and make disbursements from |                           |
| the high cost fund to local educational  |                           |
| agencies in accordance with 20 U.S.C.    |                           |
| 1411(e)(3) during the first and          |                           |
| succeeding fiscal years of the high cost |                           |
| fund; and                                |                           |
+------------------------------------------+---------------------------+
| To support innovative and effective ways |                           |
| of cost sharing by the State, by a local |                           |
| educational agency, or among a           |                           |
| consortium of local educational          |                           |
| agencies, as determined by the State in  |                           |
| coordination with representatives from   |                           |
| local educational agencies, subject to   |                           |
| 20 U.S.C. 1411(e)(3)(B)(ii) \[Amount may |                           |
| not be more than 5% of the amount        |                           |
| reserved for the LEA Risk Pool.\].       |                           |
+------------------------------------------+---------------------------+
| **Establishment of High Cost Fund** (20  |                           |
| U.S.C. 1411(e)(3)(B)(i))                 |                           |
+------------------------------------------+---------------------------+
| A State shall not use any of the funds   |                           |
| the State reserves pursuant to 20 U.S.C. |                           |
| 1411(e)(3)(A)(i), [but may use the funds |                           |
| the State reserves under 20 U.S.C.       |                           |
| 1411(e)(1)]{.underline}, to establish    |                           |
| and support the high cost fund.          |                           |
+------------------------------------------+---------------------------+

  -----------------------------------------------------------------------
  Describe the process used to get input from LEAs regarding the
  distribution of amounts among activities described in the above charts
  to meet State priorities. 20 U.S.C. 1411(e)(5)(B)

  -----------------------------------------------------------------------

[^1]: A State will be granted conditional approval until it can provide
    all assurances.

[^2]: Each State may reserve for each fiscal year not more than the
    maximum amount the State was eligible to reserve for State
    administration under this section for fiscal year 2004 or \$800,000
    (adjusted in accordance with 20 U.S.C. 1411(e)(1)(B)), whichever is
    greater; and each outlying area may reserve for each fiscal year not
    more than 5 percent of the amount the outlying area receives under
    20 U.S.C. 1411(b)(1) for the fiscal year or \$35,000, whichever is
    greater.

    For each fiscal year beginning with fiscal year 2005, the Secretary
    shall cumulatively adjust: 1) the maximum amount the State was
    eligible to reserve for State administration under this part for
    fiscal year 2004; and 2) \$800,000, by the rate of inflation as
    measured by the percentage increase, if any, from the preceding
    fiscal year in the *Consumer Price Index For All Urban Consumers*,
    published by the Bureau of Labor Statistics of the Department of
    Labor.