# 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 |        | ##### Assurances                                   |
| and    |        |                                                    |
| enter  |        | *(20 U.S.C. 1411-1419)*                            |
| 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\. 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 in the |
|        |        | State, including children with disabilities who    |
|        | 6      | are homeless or are wards of the State and         |
|        | -30-07 | 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  |
|        | 6      | requirements of 20 U.S.C. 1436(d), is developed,   |
|        | -30-07 | 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      |
|        | 6      | State who are enrolled by their parents in private |
|        | -30-07 | 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   |
|        | 6      |     are met according to 20 U.S.C.                 |
|        | -30-07 |     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        |
|        | 6      | personnel necessary to carry out this part are     |
|        | -30-07 | 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   |
|        | 6      | this part to satisfy State-law mandated funding    |
|        | -30-07 | 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 |
|        | 6      | guidance with respect to special education and     |
|        | -30-07 | 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).                                |
+--------+--------+----------------------------------------------------+
|        | √      | 24a. The State adopts the National Instructional   |
|        |        | Materials Accessibility Standard for the purposes  |
|        | 12     | of providing instructional materials to blind      |
|        | -03-06 | 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).             |
+--------+--------+----------------------------------------------------+

+--------+--------+----------------------------------------------------+
| *Check |        | ##### Assurances                                   |
| and    |        |                                                    |
| enter  |        | *(20 U.S.C. 1411-1419)*                            |
| 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.) |                                                    |
+--------+--------+----------------------------------------------------+
|        |        | 24b. *(Note: Check either \"24b.1\" or \"24b.2\"   |
|        |        | whichever applies.*                                |
+--------+--------+----------------------------------------------------+
|        | √      | 24b.1 The State educational agency coordinates     |
|        |        | with the National Instructional Materials Access   |
|        | 12     | Center and not later than two years after the date |
|        | -03-06 | of enactment of the IDEIA of 2004, 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))                                |
+--------+--------+----------------------------------------------------+
|        |        | 24b.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))          |
+--------+--------+----------------------------------------------------+
|        | √      | 25\. The State has in effect, consistent with the  |
|        |        | purposes of the IDEA and with 20 U.S.C. 1418(d),   |
|        | 6      | policies and procedures designed to prevent the    |
|        | -30-07 | 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  |
|        | 6      | requiring a child to obtain a prescription for a   |
|        | -30-07 | 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).                        |
+-------+--------------------------------------------------------------+

##