OREGON DEPARTMENT OF EDUCATION
255 Capitol Street NE
Salem, Oregon 97310-0203 / / Office of Student Services
IDEA STATEMENT OF ASSURANCES
DISTRICT/AGENCY
ANNUAL APPLICATION FOR FEDERAL FUNDS UNDER PART B OF THE
INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) AS AMENDED IN 2004
Application Due May 27, 2016
FOR FEDERAL FISCAL YEAR 2016: July 1, 2016 - June 30, 2017
DIRECTIONS:
This Assurance Statement must be completed and signed by the Superintendent or other authorized representative of the district. By signing this Statement of Assurances, the District assures that it will operate in accordance with all the requirements of IDEA 2004 and related federal and state laws and regulations throughout the period of the grant award. One Statement of Assurances is required from each district. Each district should carefully read and review the IDEA 2004 statute and regulations, and the state statutes, regulations and Executive Orders (13-04, 15-01) related to this Statement of Assurances.
Oregon School for the Deaf (OSD) makes these assurances in conjunction with the school district, unless designated as does not apply by the following: . (ORS Chapter 346 and OAR Chapter 581, Division 016)
(District/Agency Name) / (4 Digit Institution ID)
CONSORTIUM: Required to be completed by Consortium Member Districts and Consortium Managers ONLY.
A. Please indicate name of Consortium Manager Agency
B. Please indicate your role in the Consortium (check one): Consortium Member District Consortium Manager
GENERAL SUBMISSION STATEMENT
The district or agency assures that throughout the period of this grant award the district, including charter schools located in the district, will operate consistent with all requirements of IDEA 2004, 20 USC § 1400, et seq., applicable IDEA Part B regulations (34 CFR Part 300), related State statutes (ORS) and rules (OARs), along with the applicable provisions of the Elementary and Secondary Education Act of 1965, as amended and as reauthorized by Every Student Succeeds Act (ESSA), 20 USC § 6301 et seq. (ESEA as reauthorized by ESSA), the McKinney-Vento Homeless Assistance Act (42 USC § 11431 et seq.), the Family Education Rights and Privacy Act (FERPA), 20 USC § 1232g, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), 34 CFR Part 99; the General Education Provisions Act (GEPA), 20 USC § 1221 et seq., OMB Circular A-87 which is being relocated to 2 CFR, Part 225 and OMB Circular A-133, and the Education Department’s General Administrative Regulations (EDGAR), particularly part 76, part 80 for awards prior to 12/26/2014 and 2 CFR 200 for awards thereafter, Part 82, and parts 34 CFR §§ 300 and 303.
When requested by ODE the district will make such changes to its policies and procedures as the State determines necessary to bring those policies and procedures into compliance with the requirements, as amended, of the IDEA 2004, 20 USC § 1400, et seq., applicable regulations (34 CFR Part 300), related federal and State statutes (ORS) and rules (OARs), including the applicable provisions of the Elementary and Secondary Education Act of 1965, 20 USC § 6301 et seq. (ESEA as reauthorized by ESSA), McKinney-Vento Homeless Assistance Act (42 USC § 11431 et seq.), the Family Education Rights and Privacy Act (FERPA), the General Education Provisions Act (GEPA), 20 USC § 1221 et seq., OMB Circulars A-87 which is being relocated to 2 CFR, Part 225 and OMB Circular A-133, and the Education Department’s General Administrative Regulations (EDGAR), particularly part 76, part 80 for awards prior to 12/26/2014 and 2 CFR 200 for awards thereafter, 82, and 34 CFR §§ 300 and 303.
For purposes of Early Childhood Special Education (ECSE) services to children ages 3-5, the district recognizes that the Oregon Department of Education Individual Family Service Plan (IFSP) required for use with these age ranges, meets the content, review, and implementation requirements for IEPs under IDEA Part B and OAR 581-015-2810 through 581-015-2830.
ASSURANCES
I. DATA COLLECTION, ANALYSIS, AND REPORTING
1.  The district identifies, locates, and evaluates all resident children in need of special education, including parentally placed private school children enrolled in private schools located in the district. (34 CFR 300.111; ORS 343,157; OAR 581-015-2080, OAR 581-015- 2085, and OAR 581-015-2100)
2.  The district develops and implements a practical method to determine which children with disabilities are currently receiving needed special education and related services, accurately collects these data, and reports these data to ODE in a timely and accurate manner.
3.  The district examines its 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 through the Systems Performance Review Improvement (SPR&I) process and other general supervision processes. (34 CFR § 300.170)
4.  The district provides and validates data as required by ODE for state and federal reporting within the timelines communicated by ODE. The district will report annually to the public on the performance of the district on targets in the SPP within timelines specified by ODE. (34 CFR §§ 300.601 - 300.602)
II. FISCAL
1.  The district uses fiscal control and accounting procedures that ensure proper disbursement of, and accounting for, federal funds. This includes maintaining separate documentation for IDEA Part B Section 611 grants and IDEA Part B Section 619 grants. (34 CFR § 76.702)
2.  The District expends amounts provided under IDEA Part B) only to (1) pay the excess costs of providing special education and related services to children with disabilities; and (2) to supplement, but not supplant, state, local and other federal funds. (34 CFR § 300.202)
3.  The District does not expend these amounts to reduce the level of expenditures for the preceding fiscal year subject to permitted exceptions and adjustments. (34 CFR §§ 300.302, 300.203, 300.204, 300.205) Maintenance of Effort (MOE) requirements and submission forms are on the Special Education Funding – Maintenance of Effort webpage at http://www.ode.state.or.us/search/page/?=3069.
4.  Substitute or Alternate System for Time and Effort Reporting. The US Department of Education issued guidance regarding time and effort reporting for employees funded with federal funds. Information and documentation is posted on the Special Education Funding – Miscellaneous Links webpage at http://www.ode.state.or.us/search/page/?id=2935. The guidance is meant to relieve districts of some of the burden associated with documenting Time and Effort and offers flexibility and clarity related to the following aspects:
·  Substitute or Alternate System for Time and Effort for Employees Supported by Multiple Cost Objectives
·  Single Cost Objective
The district will be using a substitute/alternate system for documenting Time and Effort Reporting during the period covered by this application:
No. Proceed to Section II, Number 5, Coordinated Early Intervening Services (CEIS)
Yes, the district management:
a.  Certifies that only eligible employees will participate in the substitute/alternate system and that the system used to document employee work schedules includes sufficient controls to ensure that the schedules are accurate.
b.  Has attached a signed report documenting full disclosure of any known deficiencies with the system or known challenges with implementing the substitute/alternate system if there are any known deficiencies/challenges
Yes, signed disclosure of deficiencies/challenges attached No, there are no known deficiencies/challenges
c.  Assures that the substitute/alternate system complies with all system guidelines as outlined in Enclosure A posted on the Special Education Funding – Miscellaneous Links webpage.
d.  Acknowledges that this certification and attached disclosure may be used by auditors and ODE oversight personnel when conducting audits and sub-recipient monitoring of the substitute/alternate time and effort system.
5.  Coordinated Early Intervening Services (CEIS)
a.  If the district intends to use IDEA funds for Coordinated Early Intervening Services (CEIS) in accordance with 34 CFR § 300.208, the district submits to ODE all required forms to declare intent for permissive use of funds, provided to the district under IDEA 2004. This includes, but is not limited to, informing ODE in advance if the district intends to lower its Maintenance of Effort (MOE) level of expenditures because the current fiscal year allocation exceeds the previous fiscal year allocation. A district that intends to use IDEA funds for School-wide Programs for the 2016-2017 school year must complete the required calculation and submit the 2016-2017 Request to Use IDEA Funds: School-wide Programs form found on the Special Education Funding – Optional Use of IDEA Funds webpage at http://www.ode.state.or.us/search/page/?=1743.
b.  The district submits annual reports to ODE on: (1) the number of children who received Coordinated Early Intervening Services (CEIS); and (2) the number of children who received Coordinated Early Intervening Services under this section and subsequently receive special education and related services under IDEA Part B during the preceding two year period. The district understands that funds used from Part B of this Act for ESEA activities must supplement, and not supplant, funds made available under the ESEA (as reauthorized by ESSA) for the activities and services assisted under this section. (34 § CFR 300.226(2(d))
c.  If a district is found to be significantly disproportionate under the IDEA and the ODE state monitoring system, ODE must require the district to allocate, in the next school year (2016-2017 for districts identified in Spring 2016 or 2017-2018 for districts identified in Spring 2017), the 15% of its IDEA grant allowable for Coordinated Early Intervening Services (CEIS) to address the issue of disproportionality for children in those groups that were “significantly over identified” (34 CFR § 300.646(b)(2)). The district acknowledges that, in these circumstances, it is prohibited from reducing its Maintenance of Effort (MOE) as described in Assurance 4 above.
6. Equitable Services for Students Enrolled by Parents in Private Schools. See also Policies and Procedures, Number 14. The district provides equitable special education and related services to children with disabilities who are parentally enrolled in non-profit private schools located within the district and expends a proportionate share of IDEA funds for these students. (34 CF 34 CFR §§ 300.130 – 300.144 and Part 300, Appendix B; OAR 581-015-2450 – OAR 581-015-2510)
a.  In collaboration with Early Childhood Special Education (ECSE) programs, and as directed by ODE, the district submits documentation applicable to the current fiscal year regarding consultation, funding and service provision to students parentally enrolled in non-profit private schools. (34 CFR 300.133, 300.134; OAR 581-015-2010; OAR 581-015-2460; OAR 581-015-2480)
b.  If the district does not obtain a letter of affirmation from each nonprofit private school participating in the consultation process, the district submits documentation of its consultation process to ODE. (OAR 581-015-2483(2)) The data submission form and instructions are available on the Special Education Funding – Private School Fiscal Requirements webpage at: http://www.ode.state.or.us/search/page/?=3071.
c.  The district does not expend proportionate share funds for child find requirements, which includes the cost of individual evaluations for parentally placed private school students. (34 CFR § 300.131; OAR 581-015-2480)
d.  If the District has not expended its proportionate share funds by the end of the fiscal year it obligates the remaining funds for special education and related services for parentally-placed private school children with disabilities during a carry-over period of one additional year. (34 CFR 300.133; OAR 581-015-2470)
e.  For audit purposes and compliance with 34 CFR § 300.144 and OAR 581-015-2510, the District maintains evidence of administrative control of funds and title to materials, equipment, and property purchased with those funds used to provide equitable special education and related services to parentally placed private school students under Section 612(a)(10). The District does not use IDEA Part B funds to meet the needs of the private school or the general needs of the students enrolled in the private school. (34 CFR 300. 141; 300.144; OAR 581-015-2495; OAR 581-015-2510)
7. District Placement In Private Schools. The district ensures that a child with a disability who is placed in or referred to a private school or facility by a public agency is provided, at no cost to the parents, special education and related services in accordance with an IEP that meets the requirements of 34 CFR § 300.320 through 300.325, OAR 581-015-2200 – OAR 581-015-2235, is provided an education that meets the standards that apply to education in the State, inclusive of special education and related services, and has all of the rights of a child with a disability served by a public agency. (34 CFR § 300.146; OAR 581-015-2260 - OAR 581-015-2295)
8. Use of Public Benefits or Insurance (such as Medicaid)
a.  If the district intends to use a child’s or family’s public benefits or insurance (such as Medicaid) to help pay for the provision of special education and related services, the District ensures that it first provides prior written notice explaining its intention and subsequently obtains informed written parental consent that the parent understands and agrees to provide access the parent or child’s public insurance (Medicaid) and to release personally identifiable information to the state Medicaid agency for billing purposes. (34 CFR § 300.154, revised March 2013; OAR 581-015-2090, 581-015-2310, and 581-015-2530)
b.  The District provides comprehensive prior written notice annually after the first notice has been provided and written informed consent obtained. (OAR 581-015-2090; 581-015-2310)
c.  The District acknowledges that it cannot require a family to enroll in Medicaid or to authorize the use of its Medicaid benefits to help pay for special education services. (34 CFR § 300.154; OAR 581-015-2530)
9. Charter Schools. For purposes of carrying out IDEA Part B, all Oregon charter schools, regardless of location or sponsorship, are considered public schools of the district in which they are located. In carrying out Part B of IDEA with respect to charter schools, the district must in accordance with 34 CFR § 300.209(b)(1), ORS Chapter 338, and OAR 581-015-2075:
a.  Serve children with disabilities attending those charter schools in the same manner as the LEA serves children with disabilities in its other schools under IDEA and applicable state law, including providing supplementary and related services on site at the charter school to the same extent to which the district has a policy or practice of providing such services on the site of its other public schools.
b.  Pursuant to ORS Chapter 338, the district in which a charter school is located is considered the resident district and is responsible for providing special education and related services to students with disabilities enrolled in charter schools.