Special Education

Application for Individuals with Disabilities Education Act (IDEA)Funding for the Education of Students with Disabilities, Section 611 & 619 Grants

The University of the State of New York
The State Education Department

Application for Individuals with Disabilities Education Act (IDEA)Funding for the Education of Students with Disabilities, Section 611 & 619 Grants - Word word document (82 KB)

For the Period July 1, 2012 – June 30, 2013

COVER PAGE

Agency Code                 0 0 0 0

Agency Name:

Address:

City:

Zip Code:

Agency Contact:

Title:

Telephone:

E-Mail:

Fax:

 

As Chief School/Administrative Officer, I hereby certify that the information contained in this application is, to the best of my knowledge, complete and accurate and that the district will comply with the assurances contained within this application.

Authorized Signature (in blue ink)

Title:       

Name (please type):

E-mail:       

Date:    

 

Federal Program Project Number (Provide last four digits)             Proposed Budget Total
(From FS-10 Budget Summary Page)
Section 611   0   0   3   2   -   1   3   -   ___   ___   ___   ___        $       
Section 619   0   0   3   3   -   1   3   -   ___   ___   ___   ___       $       

 

Materials Required for Application Submission

Please Note:  Districts may not obligate funds for a proposed federal grant project until the application and budget (FS-10) have been received by the State Education Department (SED) in a substantially approval form. 

Applicants must submit the following to be substantially approvable:

  • The application cover page with original signature of the Chief School/Administrative Officer (in blue ink)
  • The information regarding 2010-11, 2011-12 and current school year's local maintenance of effort
  • Local educational agency (LEA) Assurance Pertaining to Maintenance of Local Effort
  • FS-10 Budget with Budget Summary Page
  • LEA Certification Pertaining to the Payment of Funding to Approved Special Education Providers (ASEPs)
  • Coordinated Early Intervening Services (CEIS) Calculation Worksheet.  If LEA is required to or has opted to use up to 15 percent of funds for CEIS.

Please see instruction file http://www.p12.nysed.gov/specialed/finance/ for additional information on:

  • CEIS
  • ASEPs - Flow Through
  • Parentally-Placed Students with Disabilities

Prior to copying the FS-10 budget forms, please ensure you have:

  • Included the last four digits of the project number in the space provided on the cover page.  Your project number can be found in Column A of the Allocation Table.
  • Checked that the Chief School/Administrative Officer has signed in Blue Ink on the Budget Summary Page.
  • Typed or printed the Chief School/Administrative Officer name and title below the original signature.

The original Application and FS-10 Budgets, (including 2 copies) for the IDEA Section 611 and Section 619 Grants are due by July 1, 2012 to:

P-12 - Administrative Support Group (ASG)
New York State Education Department
89 Washington Ave., Rm 2M West EB
Albany, New York 12234
Attention:  IDEA GRANTS

If you need assistance, have any questions and/or concerns regarding the submission of the IDEA grant application, please contact the Administrative Support Group at (518) 486-4662.


Application for IDEA Funding for the Period July 1, 2012 – June 30, 2013

Allocation tables containing the awards for Section 611 and Section 619 for the 2012-13 School Year have been posted at http://www.p12.nysed.gov/sedcar/federal.htm.  In addition, information regarding CEIS requirements and the district’s State Performance Plan status has been sent to the District Superintendents’ Office. 

Sections 611 and 619 IDEA Grants funds may ONLY be used for excess costs in provision of Special Education.  For additional information on allowable costs, please see Appendix D.  Grant funds cannot be used to supplant State and local funds used for educating students with disabilities.  Section 611 funds are to be used for students ages 3-21.  Section 619 funds are to be used for students ages 3-5.

I. Maintenance of Effort (MOE)

Each LEA must meet MOE requirements.  We suggest calculating the MOE for all four options and choosing the option which best demonstrates MOE and that minimizes the annual growth.  The LEA must retain data to support MOE calculations and have it available upon request or upon audit.   Reduction of MOE may be attributable to certain specific situations or circumstances which can be illustrated on the LEA Assurance Pertaining to Maintenance of Local Effort.

    2010-11 2011-12 2012-13 (anticipated) Check (X) Option used to Meet MOE
Option
I
Total State & Local Expenditures        
Option
II
Total Local Expenditures        
  October Child Count (October 2009) (October 2010) (October 2011)  
Option III Per Capita State & Local Expenditures        
Option IV Per Capita Local Expenditures        

Table Instructions:

Option I   Indicate Total State and Local dollars expended on Special Education (excludes any Federal dollars). 

Option II   Indicate Total Local dollars expended on Special Education.  For each period, compute Local dollars only spent on Special Education (do not include Federal or State aid dollars).

Indicate October child counts for 2010-11, 2011-12 and 2012-13

Option III   Calculate Per Capita State and Local dollars expended on Special Education (excludes any Federal dollars).  Divide total of state and local funds (excluding Federal dollars) and by the prior October child count for each year in question.

Option IV    Calculate Per Capita Local dollars only expended on Special Education (do not include Federal or State dollars including State aid).  Divide total local funds by the prior October child count for each year in question.

Indicate which Option will be used to meet MOE requirements by marking an X in the appropriate box of the far right column.

If the MOE is not met, indicate the reasons(s) by checking the applicable boxes on the following pages.


LEA Assurance Pertaining to Maintenance of Local Effort

A school district may reduce its level of expenditures under Part B of IDEA below the level of those expenditures for the preceding fiscal year if the reduction is attributable to certain specific situations or circumstances specified below.  This Certification must be completed by the Applicant if the actual cost of the local effort of special education for the 2011-12 school year is less than the actual cost of local effort for the 2010-11 school year and/or the anticipated cost of local effort for the 2012-13 school year is less than the actual cost of local effort for the 2011-12 school year.  Please note that source documents on how MOE was calculated must be available for inspection by monitors/auditors upon request.

As the authorized representative of the applicant for funds available under IDEA Part B, signing the Application Cover Page, certifies that any of the actual/anticipated levels of local effort being less than the previous school year was due to the following condition(s):

Directions: Please check each applicable reason/condition listed.  If none apply, please check “Other” and explain the applicable circumstance(s) which will be reviewed during the Application process.

  • The voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel, e.g., highly paid senior staff retire and are replaced by new staff at lower cost.
  • A decrease in the enrollment of students with disabilities.
  • The termination of the obligation of the LEA, consistent with IDEA Part B, to provide a special education program and services to a particular student with a disability that is an exceptionally costly program, as determined by the State educational agency (SEA), because the student has left the jurisdiction of the agency; has reached the age at which the obligation of the LEA to provide a free appropriate public education (FAPE) to the student has terminated; or no longer needs a special education program and services.
  • The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities.
  • Students returned from more costly out of district programs to less costly district-operated programs.
  • The LEA reduced its MOE for a school year by using up to 50 percent of the calculated increase between IDEA Part B Section 611 and/or section 619 Part B funds for two school years to carry out activities that could be supported under ESEA as amended by NCLB.  Please enter the amount of funds by which the LEA will be reducing its MOE for the 2012-2013 school year: $_____________
  • Other: ______________________________________________________________ 

LEA Certification Pertaining to the Payment of Funding to ASEPs as Required by Education Law §4410b

As the authorized representative of the applicant, and by signing the Application Cover Page, I certify that (check one box only):

  • The LEA will provide funding to ASEPs under Education Law §4410-b through vendor contracts with the ASEPs for those students with disabilities ages 3 – 21 attending such nondistrict special education programs using IDEA section 611 and 619 funds in whole or in part.
  • The LEA will provide funding to ASEPs under Education Law §4410-b for those students with disabilities ages 3 – 21 attending such nondistrict special education programs using only local district funds.
  • NOT APPLICABLE (The LEA has no 3 – 21 year-old preschool, kindergarten and/or school-age students attending an SED-approved nondistrict special education school program.

Please note: An LEA is not required to use IDEA section 611 and section 619 funds to pay ASEPs to fulfill its obligation under Education Law §4410-b to provide an allocation of funds to such agencies but may use local district funds instead.


Attachment A

Coordinated Early Intervening Services (CEIS) Calculation Worksheet

Agency Name:   

Redirect funds for CEIS
(Check all boxes that apply)

  • 15 % REQUIRED
Must use 15% of section 611 and section 619 IDEA funds to implement CEIS
  • Up to 15% OPTIONAL
Using up to 15% of:
  • Part B Section 611 IDEA funds
  • Part B Section 619 IDEA funds
to implement CEIS

Please Note: The following form and two copies must be filled out and attached to the original FS-10 budget form if the district uses IDEA funds for CEIS.  A separate form should be completed if both 611 and 619 funds are used.

  • For the development and provision of CEIS for students not identified as needing special education or related services in kindergarten through grade 12 (with an emphasis on students in kindergarten through grade 3) through the use of up to 15 percent of the total 2012-13 IDEA section 611 or 619 allocation.
  • Use the chart below to calculate the maximum permissible amount the district may use for activities related to CEIS:

Grant

2012-13 IDEA
Allocation

multiplier

Total
Applicable
Amount

Section 611

   $

X .15

      $

Section 619

   $

X .15

      $

 

Agency Name:      

Title of Grant: (check appropriate box)

2012-13 Federal IDEA, Part B section 611 ____

2012-13 Federal IDEA, Part B section 619 ____

CEIS Proposed Expenditures

Code

Description of Each Proposed Expenditure for the Provision of CEIS

Expenditures for Activities related to CEIS

       
      
     
     
     
     
     
Total Proposed Expenditure for Early Intervening Services      $  

Additional Assurances that do not have to be returned with your application but MUST be complied with as a condition of receiving the grant:

  • Assurances - Non-Construction Programs
  • Certifications Regarding Lobbying; Debarment, Suspension and other Responsibility Matters
  • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions
  • NYS Education Department General Education Provisions Act Assurances
  • Additional Assurances Required Under the Individuals with Disabilities Education Act (IDEA)
  • Local Educational Agency (LEA) Assurance Pertaining to Employee Benefits

Assurances - Non-Construction Programs

Note:  Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Education Department Program Contact listed in the Application. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified.

As the duly authorized representative of the applicant, and by signing the Application Cover Page, I certify that the applicant:

  1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the nonfederal share of project cost) to ensure proper planning, management, and completion of the project described in this application.
  2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.
  3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
  4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
  5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
  6. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C.§§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.
  7. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases.
  8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
  9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §§874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally- assisted construction subagreements.
  10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is  $10,000 or more.
  11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of  Federal actions to State (Clear Air) Implementation Plans  under Section 176(c) of the Clear Air Act of 1955, as  amended (42 U.S.C. §§7401 et seq.); (g) protection of  underground sources of drinking water under the Safe  Drinking Water Act of 1974, as amended, (P.L. 93-523); and  (h) protection of endangered species under the Endangered  Species Act of 1973, as amended, (P.L. 93-205).
  12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
  13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).
  14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.
  15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance.
  16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
  17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations.
  18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program.

Standard Form 424B (Rev. 7-97), Prescribed by OMB Circular A-102, Authorized for Local Reproduction, as amended by New York State Education Department.


Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters     

Applicants should refer to the regulations cited below to determine the certification to which they are required to attest.  Applicants should also review the instructions for certification included in the regulations before completing this form.  Signature of the Application Cover Page provides for compliance with certification requirements under 34 CFR Part 82, "New Restrictions on Lobbying," and 34 CFR Part 85, "Government-wide Debarment and Suspension (Nonprocurement)."  The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education determines to award the covered transaction, grant, or cooperative agreement.

1.  Lobbying

As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Sections 82.105 and 82.110, the applicant certifies that:

  1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;
  2. If any funds other than 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 this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and
  3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly.

2.  Debarment, Suspension and Other Responsibility Matters

As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110--

A.  The applicant certifies that it and its principals:

  1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
  2. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
  3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and
  4. Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default; and

B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

ED 80-0013, as amended by the New York State Education Department


Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions

This certification is required by the Department of Education regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, for all lower tier transactions meeting the threshold and tier requirements stated at Section 85.110.

Instructions for Certification

  1. By signing the Application Cover Page, the prospective lower tier participant is providing the certification set out below.
  2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
  3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
  4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
  5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
  6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
  7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
  8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
  9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification

  1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
  2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

ED 80-0014, as amended by the New York State Education Department


New York State Education Department
General Education Provisions Act Assurances

These assurances are required by the General Education Provisions Act for certain programs funded by the U.S. Department of Education. 

As the authorized representative of the applicant, by signing the Application Cover Page, I certify that:

  1. the local educational agency will administer each program covered by the application in accordance with all applicable statutes, regulations, program plans, and applications;
  2. the control of funds provided to the local educational agency under each program, and title to property acquired with those funds, will be in a public agency and that a public agency will administer those funds and property;
  3. the local educational agency will use fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds paid to that agency under each program;
  4. the local educational agency will make reports to the State agency or board and to the Secretary as may reasonably be necessary to enable the State agency or board and the Secretary to perform their duties and that the local educational agency will maintain such records, including the records required under Section 1232f of this title, and provide access to those records, as the State agency or board or the Secretary deem necessary to perform their duties;
  5. the local educational agency will provide reasonable opportunities for the participation by teachers, parents, and other interested agencies, organizations, and individuals in the planning for and operation of each program;
  6. any application, evaluation, periodic program plan or report relating to each program will be made readily available to parents and other members of the general public;
  7. in the case of any project involving construction –

a.the project is not inconsistent with overall State plans for the construction of school facilities, and

b. in developing plans for construction, due consideration will be given to excellence of architecture and design and to compliance with standards prescribed by the Secretary under Section 794 of Title 29 in order to ensure that facilities constructed with the use of Federal funds are accessible to and usable by individuals with disabilities;

  1. the local educational agency has adopted effective procedures for acquiring and disseminating to teachers and administrators participating in each program significant information from educational research, demonstrations, and similar projects, and for adopting, where appropriate, promising educational practices developed through such projects; and
  2. none of the funds expended under any applicable program will be used to acquire equipment (including computer software) in any instance in which such acquisition results in a direct financial benefit to any organization representing the interests of the purchasing entity or its employees or any affiliate of such an organization.

Additional Assurances Required Under the Individuals With Disabilities Education Act (IDEA)

As the authorized representative of the applicant for funds available under IDEA, Part B, and by signing the Application Cover Page, assures that the following conditions are being met as required by the IDEA:

  • The LEA shall administer each sub-grant in accordance with the Individuals with Disabilities Education Improvement Act of 2004 (the Act) to the extent consistent with State Laws and regulations.
  • The LEA has reviewed the requirements contained in §613(a) of the Act and assures that it meets all of the conditions set forth therein, to the extent consistent with State Laws and regulations.
  • The LEA, upon notification by SED that data submitted to the Department has identified significant disproportionality by race/ethnicity in the identification, classification, placement and/or long term suspension of students with disabilities, assures that it will reserve and expend 15 percent of the section 611 and section 619 final allocations for the current school year for the development and provision of coordinated early intervening services particularly for those students who are not yet identified as needing special education and related services in grades K-12 (with an emphasis on grades K-3) for section 611 and for those students who are not yet identified as needing special education and related services in kindergarten for section 619, primarily in those groups that were significantly over identified.

You MUST comply with one of the following:

  1. The LEA coordinates with National Instructional Materials Access Center (NIMAC) and 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 NIMAC, electronic files containing the contents of the print instructional materials using the National Instructional Materials Accessibility Standard (NIMAS); or
    • Purchase instructional materials from the publisher that are produced in or may be rendered in specialized formats;                                                   

OR

  1. The LEA has chosen not to coordinate with the NIMAC, but assures that it will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

LEA Assurance Pertaining to Employee Benefits

As the authorized representative of the applicant for funds available under IDEA, Part B, and by signing the Application Cover Page, assures that the following condition is being met as required by the IDEA:

    • For any individuals for which costs are claimed for this grant, the district has determined, pursuant to section 315 of the regulations of the New York State Comptroller, that the individuals are properly classified as employees or as consultants for purposes of payroll and fringe benefits.  Failure to do so may result in a violation of Social Security Law, Federal and State tax laws and State Labor Law.  All funds allocated within Employee Benefits: Code 80 of the FS-10 proposed budget forms submitted to the State Education Department for IDEA, Part B section 611 and section 619 project funds will be only for employees of the LEA and will not be used for any individuals not properly classified as employees.
Last Updated: June 8, 2012