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Special Education

Special Education Policy Memo SY2022-2023 — 2

Requirements for the 2022-2023 Conditions of Assistance: IDEA Part B Funding (formerly SEPPS)

To:Superintendents, Administrators of Special Education, Principals, Charter Leaders, Virtual School Leaders, School Business Officials, and Other Interested Persons
From:Russell Johnston, Deputy Commissioner of Elementary and Secondary Education, and Jamie Camacho, Director, Office of Special Education Planning and Policy
Date:September 14, 2022

Under the federal Individuals with Disabilities Education Act (IDEA), a Local Education Agency (LEA)1 is eligible for fiscal assistance under Part B of the Act for a fiscal year if the agency submits a plan that provides assurances to the Department of Elementary and Secondary Education (Department), that the LEA meets each of the conditions in §§300.201 through 300.213. The LEA, in providing for the education of children with disabilities within its jurisdiction, must also 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 300.174.2

Therefore, annually, every LEA must submit a current Conditions of Assistance: IDEA Part B Funding Certifications (Funding Conditions) to the Department prior to application for assistance under Fund Code 262 and Fund Code 240. Additionally, every LEA must maintain the documentation named in the record keeping requirement(s) section of each element, to demonstrate compliance with IDEA at the local level, and be prepared to furnish such documentation as part of Tiered Focused Monitoring (TFM) or as requested by the Department.

If a district's local policies or procedures differ from the requirements detailed in the Funding Conditions, then the district must notify the Department in the optional district notes section of the appropriate element and submit the local procedures for review and approval. It is the expectation of the Department, however, that the need for such submissions of local procedures will be minimal because each of the elements and the procedures associated with the elements is required by law. Procedures at the local level that reinterpret the law to allow alternative activities must be submitted to the Department for review and approval prior to implementation.

The Superintendent of Schools, Special Education Administrator, School Business Official, and School Committee play critical roles in the education of students with disabilities. Therefore, the Superintendent (or school leader), Special Education Administrator, School Business Official, and School Committee Chairperson/Board of Trustee Chairperson are required to complete the Certification Section at the end of the Funding Conditions. These signatures indicate that the requirements have been read and understood by all respective professionals and that a plan is in place to addresses individual and collective responsibilities related to the required conditions for funding.

The Department strongly recommends conducting an annual training for all principals/building administrators to ensure compliance and to identify the roles and responsibilities of building administrators as it relates to IDEA as well as 603 CMR 28.03(3).

Completed Funding Conditions should be scanned and emailed to specialeducation@doe.mass.edu . Prior to submission, please check that the Funding Conditions document includes all thirty-two (32) pages and is complete including: the district's contact information and organizational information; and all signatures are in place. When submitting the Funding Conditions to the Department, please include the district's name in the email subject line. Only completed Funding Conditions will be approved.

The submission and subsequent approval of the Funding Conditions is required for initial or continued receipt of any federal special education entitlement funds. Failure to submit this signed statement and any additional required documentation, prior to application for assistance under Fund Code 262 and Fund Code 240, may jeopardize the timely release of federal funds for your district.

For more information and resources go to the Conditions of Assistance: IDEA Part B Funding Certifications webpage.

For questions regarding the Funding Conditions, please contact the Special Education Policy unit via email at specialeducation@doe.mass.edu .


1 Local Educational Agency (LEA) includes all public school districts, charter schools, vocational technical schools, and virtual schools.

2 As required by the Individuals with Disabilities Education Act (IDEA), 34 C.F.R. § 300.200 and 34 C.F.R. § 300.201

Last Updated: September 27, 2022

 
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