IDEA ASSURANCES.PDF

Maricopa County — Formal (2019-04-10)

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IDEA Assurances
Maricopa County Sheriffs Office (076008000) Public Agency - FY 2020 - General Statement of Assurances - Rev 0
IDEA Assurances
Local/Public Education Agency (LEA/PEA) Assurances Regarding Eligibility and Implementation of Part B of the Individuals with
Disabilities Education Act (IDEA)
• Grant Award H027A160007, CFDA 84.027 - Grants to States
• Grant Award H173A160003, CFDA No. 84.173 - Preschool Grants
Eligibility and Assurances
Eligibility
The LEA assures that it meets all eligibility criteria as established in Part B of the Individuals with Disabilities Education Act as
Amended by the Individuals with Disabilities Education Act Amendments of 2004 (PL 108-446) and the Education Department General
Administrative Regulations.
The LEA assures it has budgeted in Fiscal Year (FY) 18 for the education of children with disabilities, at least the same total or per
capita amount from either of the following sources (state and local funds combined or local funds only) as the LEA spent for that
purpose from the same source for the most recent prior year for which information is available. 34 C.F.R. 300.203
The LEA assures it has obtained a DUNS number and has registered with the CCR.
In addition, the LEA is not identified as ineligible by the Excluded Parties List System at https://www.sam.gov/portal/public/SAM/ . The
LEA further assures that all contracted vendors paid with federal funds are not identified by the Excluded Parties List System. Upon
request, the local educational agency shall make this complete Application available to the public for review.
Throughout the period of the grant award the LEA will comply with all requirements of;
Parts A and B of the Individuals with Disabilities Education Act (IDEA) as Amended by the Individuals with Disabilities Education Act
Amendments of 2004 (PL 108-446), and IDEA Federal Regulations; The Arizona Revised Statutes' administrative regulations on
special education; All other requirements that are not inconsistent with IDEA, PL 108-446 found in;
The Education Department General Administrative Regulations (EDGAR); and
Uniform Grant Guidance, Title 2, Code of Federal Regulations Part 200.
The local educational agency has the opportunity to request a hearing if the State Educational Agency finds areas of noncompliance
and consequently disapproves this application and receipt of federal funds. The hearing procedures will be conducted according to
Education Department General Administrative Regulations, 34 CFR 76.401, which are included in this application package. They are
also available at http://www2.ed.gov/policy/fund/guid/uniform-guidance/index.html.
Assurances
The LEA 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)
1. Free appropriate public education
It shall be the policy of this LEA that a free appropriate public education is available to all children with exceptionalities residing
in the jurisdiction of this LEA between the ages of 3 and 21, inclusive, including children with disabilities who have been
suspended or expelled from school.
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It shall be the policy of this local educational agency that a free appropriate public education be available to any child with
exceptionality who needs special education and related services even though the child is advancing from grade to grade.
2. Child find
It shall be the policy of this local educational agency that all children with exceptionalities residing within the jurisdiction of this
LEA, including children with disabilities who are homeless or are wards of the state, attending private schools or home-
schooled, regardless of the severity of their exceptionality, and who are in need of special education and related services, be
identified, located, and evaluated. Information shall be provided to the public regarding the process they may take to refer a
child suspected of being a child with exceptionality.
3. Procedural safeguards
It shall be the policy of the LEA that any child with an exceptionality and his/her parent be provided with safeguards, as
required by law, at least one time per year, and upon referral for an evaluation, first request for due process hearing,
disciplinary removal which is a change in placement or upon parent request.
4. Evaluation/reevaluation
It shall be the policy of this local educational agency that an evaluation and reevaluation for each child with an exceptionality is
provided in the language and form most likely to yield accurate information on what the child knows and can do academically,
developmentally and functionally; includes a review of existing data, including evaluations and information provided by the
parents and current classroom-based, local or State assessments and classroom observations; assessments are used for
their validated purposes; children are evaluated in all areas of suspected exceptionality; evaluation is multidisciplinary;
assessment materials and procedures are not racially or culturally discriminatory; assessments are administered by trained
personnel qualified in accordance with all federal regulations and state standards; assessments are administered in
conformance with the instructions provided by the producer.
5. Individualized education program
It shall be the policy of this local educational agency that an Individualized Education Program (IEP) be developed for each
child with an exceptionality that needs special education. The IEP shall be designed to meet the unique needs of the child and
shall be developed in a meeting of the IEP Team. Parents of the child shall be strongly encouraged to participate in the IEP
meeting. The IEP shall be reviewed and revised as often as necessary, but at least annually.
6. Requirements that programs be in effect
Children who participated in Part C Infant-Toddler Programs, and are determined to be eligible for the Part B Preschool
Program, shall have an IEP, or IFSP that meets the requirements of Part B, in place by their third birthday. The IEP Team shall
consider the Part C IFSP when developing the IEP/IFSP at age 3. The LEA will participate in transition planning conferences
arranged by the Infant-Toddler Program and at the request of the parents, an invitation to the initial IEP meeting will be sent to
a Part C representative.
For students who transfer into the school district from another Arizona district during the school year, the LEA shall provide a
free appropriate public education, including services comparable to those described in the previous IEP, in consultation with
the parents until such time as the LEA adopts or develops an IEP that is consistent with State and Federal law. Students
transferring from districts outside the state will be afforded comparable IEP services until the LEA conducts an evaluation and,
if determined necessary by the agency, develops a new IEP.
7. Least restrictive environment
It shall be the policy of this local educational agency that children with disabilities are educated in the least restrictive
environment; special education services be appropriate and designed to meet the unique needs of each child with a disability;
to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care
facilities, be educated with children who do not have disabilities; and that 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 is
such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
8. Confidentiality
It shall be the policy of this local educational agency that the confidentiality of personally identifiable data relating to children
with exceptionalities and their families is protected during collection, storage, disclosure, and destruction, and that one official
of this local educational agency be assigned the responsibility for protecting the confidentiality of personally identifiable data.
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This local educational agency follows all federal regulations and state standards related to the confidentiality of student
records.
9. Due process
It shall be the policy of this local educational agency to utilize procedures that allow for differences of opinion between parents
and this LEA or between agencies and this LEA, to be aired and resolved. These procedures shall provide for utilization of
mediation; filing of a formal complaint with the State; initiation of impartial due process hearings, including resolution meetings
as required; and state level appeals and appeals to the courts that involve any proposal or refusal by this LEA to initiate or
change the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public
education to a child.
10. Educational advocate
It shall be the policy of this local educational agency that whenever the parents or guardian of a child with an exceptionality are
not known or cannot be located, the agency shall notify the state board or its designee; or when the child is a ward of the state,
the agency shall notify the secretary of social and rehabilitation services or the secretary's designee, as appropriate, so that
the child's rights are protected through the assignment of an individual (who shall not be an employee of the state education
agency or local educational agency involved in the education of the child) who will serve as the child's educational advocate.
11. Statewide and districtwide assessments
It shall be the policy of this local educational agency that students with disabilities shall participate in district-wide and
statewide assessment programs or be provided an alternate assessment. The IEP Team of the child shall make the
determination of which assessment is appropriate. The LEA makes available to the public and reports to the public with the
same frequency and in the same detail as it reports on the district-wide assessments of non-disabled children.
12. Personnel standards
It shall be the policy of this local educational agency to assure that all personnel providing special education and related
services to children with exceptionalities meet the standards set by the State Department of Education (including
paraeducators), the State of Arizona, and as required by IDEA (34 CFR 300.18,34 CFR 300.156) as amended by the Every
Student Succeeds Act (ESSA).
It shall be the policy of this LEA to have in place a procedure for determining an appropriate class size and caseload that will
ensure the provision of a free appropriate public education for each child with exceptionality.
13. Prohibition on mandatory medication
It shall be the policy of this local education agency that parents will not be required to obtain a prescription for substances
identified under schedules I, II, III, IV or V in section 202 (c) of the Controlled Substances Act (21 U.S.C.812 (c)) for a child as
a condition of attending school, receiving an evaluation or receiving services under IDEA
14. Maintenance of effort and fiscal accountability
The LEA assures that appropriate policies and procedures are in place regarding fiscal accountability and federal funds will be
expended in accordance with IDEA, EDGAR, the Uniform Grant Guidance contained in 2 CFR 200, and all other fiscal
requirements. Funds must be used only to pay the excess costs of providing special education and related services to children
with disabilities, and must be used to supplement state, local and other federal funds and not to supplant those funds.
The LEA assures that except as provided in 34 CFR 300.204 and 300.205, funds provided to the LEA under Part B of the Act
during FY17 will not be used to reduce the level of expenditures for the education of children with disabilities made by the LEA
from local funds below the level of those expenditures for the preceding fiscal year. If the eligible LEA takes advantage of the
50% Reduction Rule, the LEA assures that an equal amount of local funds are expended for Elementary and Secondary
Education Act (ESEA) activities, whether or not the LEA is eligible for assistance under ESEA.
15. Timely correction of noncompliance and information reporting
It shall be the policy of this LEA to correct all findings of noncompliance within the timeline established by the Arizona
Department of Education (ADE).
It shall be the policy of this LEA to provide ADE with information necessary to enable ADE to carry out its duties under Part B
of IDEA. All information provided to ADE shall be timely, valid, and reliable.
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LEA Annual Assurances
Each participating LEA must ensure that all programs for children will be operated in compliance with all applicable state and federal
statutes, rules, and regulations. The LEA has the opportunity to request a hearing if the State Education Agency (SEA) disapproves this
application and receipt of federal funds; the hearing procedures will be conducted according to Education Department General
Administrative Regulations (EDGAR), 34 CFR 76.401.
THE LEA HEREBY ASSURES that it meets each of the conditions in 34 CFR 300.201- through 300.213 and has policies, procedures,
and programs in place that are consistent with state policies and procedures established under IDEA, EDGAR, and Uniform grant
Guidance. This includes 34 CFR 300.101-163 and 300.165-174, including but not limited to the following federal requirements (where
applicable):
Family Education Rights and Privacy Act (34 CFR 99) http://www.ecfr.gov/cqi-bin/text-idx?tpl=tecfrbrowseffitle34/34cfr99 main 02.tpl
Copyrights (2 CFR 200) Debarment and Suspension (2 CFR 200) http://www.ecfr.govicqi-bin/text-
idx?tp1=/ecfrbrowseiritle02/2cfr200 main 02.tpl
§300.201 - Consistency with State policies.
The LEA, in providing for the education of children with disabilities within its jurisdiction, must have in effect policies, procedures, and
programs that are consistent with the State policies and procedures established under §§300.101 through 300.163, and §§300.165
through 300.174.
§300.202 - Use of amounts.
(a) General. Amounts provided to the LEA under Part B of the Act-
(1) Must be expended in accordance with the applicable provisions of this part;
(2) Must be used only to pay the excess costs of providing special education and related services to children with disabilities, consistent
with paragraph (b) of this section; and
(3) Must be used to supplement State, local, and other Federal funds and not to supplant those funds.
(b) Excess cost requirement-(1) General. (i) The excess cost requirement prevents an LEA from using funds provided under Part B of
the Act to pay for all of the costs directly attributable to the education of a child with a disability, subject to paragraph (b)(1)(ii) of this
section.
(ii) The excess cost requirement does not prevent an LEA from using Part B funds to pay for all of the costs directly attributable to the
education of a child with a disability in any of the ages 3, 4, 5, 18, 19, 20, or 21, if no local or State funds are available for nondisabled
children of these ages. However, the LEA must comply with the non-supplanting and other requirements of this part in providing the
education and services for these children.
(2)(i) An LEA meets the excess cost requirement if it has spent at least a minimum average amount for the education of its children with
disabilities before funds under Part B of the Act are used.
(ii) The amount described in paragraph (b)(2)(i) of this section is determined in accordance with the definition of excess costs in
§300.16. That amount may not include capital outlay or debt service.
(3) If two or more LEAs jointly establish eligibility in accordance with §300.223, the minimum average amount is the average of the
combined minimum average amounts determined in accordance with the definition of excess costs in §300.16 in those agencies for
elementary or secondary school students, as the case may be.
§300.203 - Maintenance of effort.
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(a) Eligibility standard. (1) For purposes of establishing the LEA's eligibility for an award for a fiscal year, the SEA must determine that
the LEA budgets, for the education of children with disabilities, at least the same amount, from at least one of the following sources, as
the LEA spent for that purpose from the same source for the most recent fiscal year for which information is available:
(i) Local funds only;
(ii) The combination of State and local funds;
(iii) Local funds only on a per capita basis; or
(iv) The combination of State and local funds on a per capita basis.
(2) When determining the amount of funds that the LEA must budget to meet the requirement in paragraph (a)(1) of this section, the
LEA may take into consideration, to the extent the information is available, the exceptions and adjustment provided in §§300.204 and
300.205 that the LEA:
(i) Took in the intervening year or years between the most recent fiscal year for which information is available and the fiscal year for
which the LEA is budgeting; and
(ii) Reasonably expects to take in the fiscal year for which the LEA is budgeting.
(3) Expenditures made from funds provided by the Federal government for which the SEA is required to account to the Federal
government or for which the LEA is required to account to the Federal government directly or through the SEA may not be considered
in determining whether an LEA meets the standard in paragraph (a)(1) of this section.
(b) Compliance standard. (1) Except as provided in §§300.204 and 300.205, funds provided to an LEA under Part B of the Act must not
be used to reduce the level of expenditures for the education of children with disabilities made by the LEA from local funds below the
level of those expenditures for the preceding fiscal year.
(2) An LEA meets this standard if it does not reduce the level of expenditures for the education of children with disabilities made by the
LEA from at least one of the following sources below the level of those expenditures from the same source for the preceding fiscal year,
except as provided in §§300.204 and 300.205:
(i) Local funds only;
(ii) The combination of State and local funds;
(iii) Local funds only on a per capita basis; or
(iv) The combination of State and local funds on a per capita basis.
(3) Expenditures made from funds provided by the Federal government for which the SEA is required to account to the Federal
government or for which the LEA is required to account to the Federal government directly or through the SEA may not be considered
in determining whether an LEA meets the standard in paragraphs (b)(1) and (2) of this section.
(c) Subsequent years. (1) If, in the fiscal year beginning on July 1, 2013 or July 1, 2014, an LEA fails to meet the requirements of
§300.203 in effect at that time, the level of expenditures required of the LEA for the fiscal year subsequent to the year of the failure is
the amount that would have been required in the absence of that failure, not the LEA's reduced level of expenditures.
(2) If, in any fiscal year beginning on or after July 1, 2015, an LEA fails to meet the requirement of paragraph (b)(2)(i) or (iii) of this
section and the LEA is relying on local funds only, or local funds only on a per capita basis, to meet the requirements of paragraph (a)
or (b) of this section, the level of expenditures required of the LEA for the fiscal year subsequent to the year of the failure is the amount
that would have been required under paragraph (b)(2)(i) or (iii) in the absence of that failure, not the LEA's reduced level of
expenditures.
(3) If, in any fiscal year beginning on or after July 1, 2015, an LEA fails to meet the requirement of paragraph (b)(2)(ii) or (iv) of this
section and the LEA is relying on the combination of State and local funds, or the combination of State and local funds on a per capita
basis, to meet the requirements of paragraph (a) or (b) of this section, the level of expenditures required of the LEA for the fiscal year
subsequent to the year of the failure is the amount that would have been required under paragraph (b)(2)(ii) or (iv) in the absence of
that failure, not the LEA's reduced level of expenditures.
(d) Consequence of failure to maintain effort. If an LEA fails to maintain its level of expenditures for the education of children with
disabilities in accordance with paragraph (b) of this section, the SEA is liable in a recovery action under section 452 of the General
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Education Provisions Act (20 U.S.C. 1234a) to return to the Department, using non-Federal funds, an amount equal to the amount by
which the LEA failed to maintain its level of expenditures in accordance with paragraph (b) of this section in that fiscal year, or the
amount of the LEA's Part B subgrant in that fiscal year, whichever is lower.
§300.204 - Exception to maintenance of effort.
Notwithstanding the restriction in §300.203(b), an LEA may reduce the level of expenditures by the LEA under Part B of the Act below
the level of those expenditures for the preceding fiscal year if the reduction is attributable to any of the following:
(a) The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel.
(b) A decrease in the enrollment of children with disabilities.
(c) The termination of the obligation of the agency, consistent with this part, to provide a program of special education to a particular
child with a disability that is an exceptionally costly program, as determined by the SEA, because the child-
(1) Has left the jurisdiction of the agency;
(2) Has reached the age at which the obligation of the agency to provide FAPE to the child has terminated; or
(3) No longer needs the program of special education.
(d) The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school
facilities.
(e) The assumption of cost by the high cost fund operated by the SEA under §300.704(c).
§300.205 - Adjustment to local fiscal efforts in certain fiscal years.
(a) Amounts in excess. Notwithstanding §300.202(a)(2) and (b) and §300.203(b), and except as provided in paragraph (d) of this
section and §300.230(e)(2), for any fiscal year for which the allocation received by an LEA under §300.705 exceeds the amount the
LEA received for the previous fiscal year, the LEA may reduce the level of expenditures otherwise required by §300.203(b) by not more
than 50 percent of the amount of that excess.
(b) Use of amounts to carry out activities under ESEA. If an LEA exercises the authority under paragraph (a) of this section, the LEA
must use an amount of local funds equal to the reduction in expenditures under paragraph (a) of this section to carry out activities that
could be supported with funds under the ESEA regardless of whether the LEA is using funds under the ESEA for those activities.
(c) State prohibition. Notwithstanding paragraph (a) of this section, if an SEA determines that an LEA is unable to establish and
maintain programs of FAPE that meet the requirements of section 613(a) of the Act and this part or the SEA has taken action against
the LEA under section 616 of the Act and subpart F of these regulations, the SEA must prohibit the LEA from reducing the level of
expenditures under paragraph (a) of this section for that fiscal year.
(d) Special rule. The amount of funds expended by an LEA for early intervening services under §300.226 shall count toward the
maximum amount of expenditures that the LEA may reduce under paragraph (a) of this section.
§300.206 - Schoolwide programs under title I of the ESEA.
(a) General. Notwithstanding the provisions of §§300.202 and 300.203 or any other provision of Part B of the Act, an LEA may use
funds received under Part B of the Act for any fiscal year to carry out a schoolwide program under section 1114 of the ESEA, except
that the amount used in any schoolwide program may not exceed-
(1)(i) The amount received by the LEA under Part B of the Act for that fiscal year; divided by
(ii) The number of children with disabilities in the jurisdiction of the LEA; and multiplied by
(2) The number of children with disabilities participating in the schoolwide program.
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(b) Funding conditions. The funds described in paragraph (a) of this section are subject to the following conditions:
(1) The funds must be considered as Federal Part B funds for purposes of the calculations required by §300.202(a)(2) and (a)(3).
(2) The funds may be used without regard to the requirements of §300.202(a)(1).
(c) Meeting other Part B requirements. Except as provided in paragraph (b) of this section, all other requirements of Part B of the Act
must be met by an LEA using Part B funds in accordance with paragraph (a) of this section, including ensuring that children with
disabilities in schoolwide program schools-
(1) Receive services in accordance with a properly developed IEP; and
(2) Are afforded all of the rights and services guaranteed to children with disabilities under the Act.
§300.207 - Personnel development.
The LEA must ensure that all personnel necessary to carry out Part B of the Act are appropriately and adequately prepared, subject to
the requirements of §300.156 (related to personnel qualifications) and section 2122 of the ESEA as amended by the ESSA.
§300.208 - Permissive use of funds.
(a) Uses. Notwithstanding §§300.202, 300.203(b), and 300.162(b), funds provided to an LEA under Part B of the Act may be used for
the following activities:
(1) Services and aids that also benefit nondisabled children. For the costs of special education and related services, and supplementary
aids and services, provided in a regular class or other education-related setting to a child with a disability in accordance with the IEP of
the child, even if one or more nondisabled children benefit from these services.
(2) Early intervening services. To develop and implement coordinated, early intervening educational services in accordance with
§300.226.
(3) High cost special education and related services. To establish and implement cost or risk sharing funds, consortia, or cooperatives
for the LEA itself, or for LEAs working in a consortium of which the LEA is a part, to pay for high cost special education and related
services.
(b) Administrative case management. An LEA may use funds received under Part B of the Act to purchase appropriate technology for
recordkeeping, data collection, and related case management activities of teachers and related services personnel providing services
described in the IEP of children with disabilities, that is needed for the implementation of those case management activities.
§300.209 - Treatment of charter schools and their students.
(a) Rights of children with disabilities. Children with disabilities who attend public charter schools and their parents retain all rights under
this part.
(b) Charter schools that are public schools of the LEA. (1) In carrying out Part B of the Act and these regulations with respect to charter
schools that are public schools of the LEA, the LEA must-
(i) Serve children with disabilities attending those charter schools in the same manner as the LEA serves children with disabilities in its
other schools, including providing supplementary and related services on site at the charter school to the same extent to which the LEA
has a policy or practice of providing such services on the site to its other public schools; and
(ii) Provide funds under Part B of the Act to those charter schools-
(A) On the same basis as the LEA provides funds to the LEA's other public schools, including proportional distribution based on relative
enrollment of children with disabilities; and
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(B) At the same time as the LEA distributes other Federal funds to the LEA's other public schools, consistent with the State's charter
school law.
(2) If the public charter school is a school of an LEA that receives funding under §300.705 and includes other public schools§
(i) The LEA is responsible for ensuring that the requirements of this part are met, unless State law assigns that responsibility to some
other entity; and
(ii) The LEA must meet the requirements of paragraph (b)(1) of this section.
(c) Public charter schools that are LEAs. If the public charter school is an LEA, consistent with §300.28, that receives funding under
§300.705, that charter school is responsible for ensuring that the requirements of this part are met, unless State law assigns that
responsibility to some other entity.
(d) Public charter schools that are not an LEA or a school that is part of an LEA. (1) If the public charter school is not an LEA receiving
funding under §300.705, or a school that is part of an LEA receiving funding under §300.705, the SEA is responsible for ensuring that
the requirements of this part are met.
(2) Paragraph (d)(1) of this section does not preclude a State from assigning initial responsibility for ensuring the requirements of this
part are met to another entity. However, the SEA must maintain the ultimate responsibility for ensuring compliance with this part,
consistent with §300.149.
§300.210 - Purchase of instructional materials.
(a) General. Not later than December 3, 2006, an LEA that chooses to coordinate with the National Instructional Materials Access
Center (NIMAC), when purchasing print instructional materials, must acquire those instructional materials in the same manner, and
subject to the same conditions as an SEA under §300.172.
(b) Rights of LEA. (1) Nothing in this section shall be construed to require an LEA to coordinate with the NIMAC.
(2) If an LEA chooses not to coordinate with the NIMAC, the LEA must provide an assurance to the SEA that the LEA will provide
instructional materials to blind persons or other persons with print disabilities in a timely manner.
(3) Nothing in this section relieves an LEA of its responsibility to ensure that children with disabilities who need instructional materials in
accessible formats but are not included under the definition of blind or other persons with print disabilities in §300.172(e)(1)(i) or who
need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner.
§300.211 - Information for SEA.
The LEA must provide the SEA with information necessary to enable the SEA to carry out its duties under Part B of the Act, including,
with respect to §§300.157 and 300.160, information relating to the performance of children with disabilities participating in programs
carried out under Part B of the Act.
§300.212 - Public information.
The LEA must make available to parents of children with disabilities and to the general public all documents relating to the eligibility of
the agency under Part B of the Act.
§300.213 - Records regarding migratory children with disabilities.
The LEA must cooperate in the Secretary's efforts under section 1308 of the ESEA to ensure the linkage of records pertaining to
migratory children with disabilities for the purpose of electronically exchanging, among the States, health and educational information
regarding those children.
Access to Instructional materials (34 CFR 300.172)
Child Identification (34 CFR 300.111 and 300.201)
Confidentiality (34 CFR 300.123 and 300.610-626)
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Due Process Procedures (34 CFR 300.140 and 300.500-529)
Early Intervening Services (34 CFR 300.208 and 300.226)
Evaluation/Eligibility (34 CFR 300.300-300.311)
Full Educational Opportunity Goal (34 CFR 300.109 and 300.201)
Individualized Education Program (34 CFR 300.112; 300.320-324 and 300.300)
Information for SEA (34 CFR 300.211)
LEA Eligibility (34 CFR 300.200-230)
Least Restrictive Environment (34 CFR 300.114-120)
Over-identification and Disproportionality (34 CFR 300.173)
Participation of Private School Children (34 CFR 300.129 and 300.130-148)
National Instructional Materials Accessibility Standard - NIMAS
The LEA adopts the National Instructional Materials Accessibility Standard for the purposes of providing instructional materials to blind
persons or other persons with print disabilities in elementary and secondary schools (in accordance with the Chaffee Amendment), in a
timely manner in accordance with 20 U.S.C. 1412(a)(23)(A) and (D).
National instructional materials accessibility center - NIMAC - opt-in/opt-out (please choose one of the options below)
OPT-IN The LEA coordinates with the National Instructional Materials Access Center and not later than two years after the date of
enactment of the IDEIA of 2004 the LEA 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:
OPT-OUT The LEA 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).
Certification
That I have made a diligent and good faith effort to ascertain the completeness and accuracy of the information and that to the best of
my knowledge all such information and representations are complete and accurate;
That all records necessary to ensure the correctness of the information provided by the agency will be kept five years beyond the final
reporting date and access to such records will be provided to the SEA;
That, on behalf of the participating public educational agencies, all state and federal statutes, rules, and regulations governing
programming for children with disabilities will be complied with, including Individuals with Disabilities Education Improvement Act (IDEA
2004), 34 CFR Part 300 of the federal regulations, Arizona Revised Statutes, Title 15- Education, Arizona Administrative Code, Title 7 -
Arizona State Board of Education Rules, and all other requirements that are not inconsistent with IDEA 2004 found in the Education
Department General Administrative Regulations (EDGAR) and the Uniform Grant Guidance (2 CFR 200).
FURTHER CERTIFY
That I have the legal authority to apply for and receive funds under IDEA, and that I have been authorized by the participating public
educational agencies to do so on their behalf. By signing this report, I certify to the best of my knowledge and belief that the report is
true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in
the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any
material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S.
Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). (2 CFR 200.415)
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Maricopa County
Bill Gates, Chairman Date
Board of Supervisors
ATTEST:
Fran McCarroll Date
Clerk of the Board of Supervisors
APPROVED AS TO FORM
This day of , 201
By:
Deputy Maricopa County Attorney
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