Oklahoma Administrative Code › Title 210 - State Department of Education › Chapter 15 - Curriculum and Instruction › Subchapter 13 - Special Education › Section 210:15-13-2 - Special education assurances and certifications (Part B)

Current through Vol. 41, No. 20, July 1, 2024
(a)
Assurance statements.
The
				State Department of Education makes the following assurances and provisions as
				required by Part B of the Individuals with Disabilities Education Improvement
				Act [
				20
				U.S.C. 1411 - 1420 ]. Additionally, the
				Department assures that all policies and procedures regarding special education
				adhere to all pertinent Oklahoma State laws [70 O.S. §
									13-101
				through
				13-114.4
				and § 13-121 through 13-129].
(1) In
				carrying out the requirements of
				20 U.S.C. 1412,
				procedures are established for consultation with individuals involved in or
				concerned with the education of children with disabilities, including disabled
				individuals and parents or guardians of children with disabilities [
				20 U.S.C.
				1412(7) (A) ].
(2) Programs and procedures will be
				established to assure that funds received by the State or any of its political
				subdivisions under any other Federal program, including subpart 2 of part D of
				Chapter 1 of Title I of the Elementary and Secondary Education Act of 1965 and
				section 202(1) of the Carl D. Perkins Vocational Education Act, under which
				there is specific authority for the provision of assistance for the education
				of children with disabilities, will be utilized by the State, or any of its
				political subdivisions, only in a manner consistent with goal of providing a
				free appropriate public education for all children with disabilities, except
				that nothing in this clause shall be construed to limit the specific
				requirements of the laws governing such Federal programs [
				20 U.S.C.
				1413(a) (2) ].
(3) Federal funds made available under the
				Act:
(A) will not be commingled with State
				funds; and
(B) will be so used as
				to supplement and increase the level of Federal, State, and local funds
				(including funds that are not under the control of State of local educational
				agencies) expended for special education and related services provided to
				children with disabilities and will in no case be used to supplant such
				Federal, State, and local funds, except that, where the State provides clear
				and convincing evidence that all children with disabilities have available to
				them a free appropriate education, the Secretary may waive in part the
				requirement of this clause if the Secretary concurs with evidence provided by
				the State [
				20 U.S.C.
				1413(a) (9) (B) and
				20
				U.S.C. 1414(a) (2) (B) (ii)
				].
(4) The State has an
				advisory panel, appointed by the Governor or any other official authorized
				under State law to make such appointments, composed of individuals involved in
				, or concerned with, the education of children with disabilities, including
				disabled individuals, teachers, parents or guardians of children with
				disabilities, State and local officials, which:
(A) advises the State educational agency of
				unmet needs within the State in the education of children with
				disabilities;
(B) comments publicly
				on any rules or regulations proposed for issuance by the State regarding the
				education of children with disabilities, and the procedures for distribution of
				funds under the Act; and
(C)
				assists the State in developing and reporting such data and evaluations as may
				assist the Secretary in the performance of his responsibilities under
				20 U.S.C.
				1418 [
				20 U.S.C.
				1413(a) (12) ].
(5) The Individuals with
				Disabilities Education Improvement Act will not be construed by the State to
				permit the State to reduce medical or other assistance available under, or to
				alter the eligibility requirements of, programs funded in whole or in part
				through Title V (Maternal and Child Health) or Title XIX (Medicaid) of the
				Social Security Act, with respect to the prevision of a free appropriate public
				education for children with disabilities within the State.