A r c h i v e d I n f o r m a t i o n
To Assure the Free Appropriate Public Education of all Children with Disabilities - 1995
The Federal Program Review Process
Each State must meet a number of statutory and regulatory requirements in order to receive Federal financial assistance under the Part B program. Among the most critical are the mandates in 34 CFR 300.121(a) and 300.600(a) that the State demonstrate to the Secretary that:
- The State has in effect a policy that assures all children with disabilities the right to a free appropriate public education; and
- The State Educational Agency (SEA) shall be responsible for ensuring that the requirements of Part B are carried out and that each educational program for children with disabilities within the State, including each program administered by any other public agency, is under the general supervision of the persons responsible for educational programs for children with disabilities in the SEA and meets the educational standards of the SEA.
To ensure that SEAs are accomplishing their responsibilities consistent with the Part B and Education Department General Administrative Regulations (EDGAR) requirements, OSEP uses a multifaceted program review process that includes the following activities:
- providing technical assistance to States on an ongoing basis regarding legal requirements and best practice strategies for ensuring compliance in a manner that ensures continuous progress in educational results for students with disabilities;
- reviewing State policy and technical assistance documents, SEA monitoring reports regarding LEAs and other public agencies, and other information utilized by an SEA to administer Part B;
- reviewing and approving State Plans;
- conducting compliance monitoring reviews;1
- verifying the implementation of corrective action plans (CAPs);
- reviewing, when appropriate, final decisions of SEA complaint resolutions;
- establishing ongoing communication with SEAs, national and State organizations, parents and advocates, and other constituents; and
- conducting specific issue reviews.
1 See table 6.1, which summarizes generally the monitoring procedures used by OSEP during the 1993-1994 school year. OSEP has implemented several refinements to these procedures, which are not reflected in Table 6.1, but which are also summarized in this chapter. As summarized in table 6.2, OSEP conducted on-site compliance reviews in 15 entitles during the 1993-94 school year and 16 during the 1994-95 school year. As listed in table 6.3, OSEP issued 14 final reports during FY 1994. Requirements for which OSEP included findings in three or more of those final monitoring reports are summarized in table 6.4.
[Assisting States and Localities in Educating All Children with Disabilities]
[Refinements to OSEP'S Monitoring Procedures Implemented in the 1994-95 School Year]