N.Y. Comp. Codes R. & Regs. tit. 8 § 2302.35

Current through Register Vol. 46, No. 53, December 31, 2024

Section 2302.35 - Handicapped children

(a) The following policies and procedures will be used to assure that not less than 15 per centum of the amount received pursuant to section 401(b) of the Elementary and Secondary Education Act in any fiscal year (not including any amount used for the purposes of section 431(a) of the Elementary and Secondary Education Act shall be used for special programs or projects for the education of handicapped children.

(b) The State Education Department's definition of eligible handicapped children are those which include children who are mentally retarded, hard of hearing, deaf, severely speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health-impaired children who, by reason thereof, require special education and related services. The programs for 1977-78 funding under the 15 per centum allotment for handicapped will focus on children who are either unserved, pre-school, severely or multi-handicapped and on pupil and program assessments and accountability. This definition is given in the Manual for Project Applicants under title IV of the Elementary and Secondary Education Act-part C.

(c)Policy I.

Emphasis during 1977-78 will be on programs dealing with instructional and educational management systems, pupil and program assessments and innovative and exemplary programs involving the concept of accountability. Planning will be initiated in the State Education Department to identify and prioritize the most critical educational needs of handicapped children during 1977-78 for use in guiding the funding of projects in 1978-79.

(d)Procedure for policy I.

The Office for title IV-part C and the Office for Education of Children with Handicapping Conditions will develop an operational plan that will set forth the activities necessary to determine the most critical educational needs of handicapped children. The plan will provide for a review of critical educational needs in this area as already identified in department surveys, Area Learning Resource Center (ALRC)/Special Education Instructional Materials Center (SEIMC) needs assessment strategies, reports, goals statement, position paper number 20, the Regents current priority statement and a National Needs Assessment Project being conducted by the National Center on Educational Media and Materials for the Handicapped. The plan will set forth the means by which current needs are to be consolidated and arranged in order of significance.

(e)Policy II.

Eligible applicants may submit handicap proposals for the following type grants: developer, validation, demonstration/replication. The review procedures for handicap grants will include application of the same criteria for approval as stated in section 2302.32 of this Part.

(f)Procedure for policy II.

The Office for title IV-part C, the Office of Education of Children with Handicapping Conditions, the Educational Programs Study Information Service (EPSIS) Office, and the Office of Optional Educational Programs (OEP) will search and attempt to identify potential model programs to be recommended for validation and adoption in the priority area. Dissemination will occur, in part, through the SEIMC (Special Education Instructional Materials Center) network of associate centers throughout the State.

(g)Policy III.

In addition to funds for title IV-part C handicapped grants as described in the foregoing, assistance will be made available to school districts and BOCES (Boards of Cooperative Educational Services) for the further refinement of local district or area-wide planning efforts in the continued development of accountability measures for handicapped programs funded under additional apportionment State aid and BOCES State aid.

(h)Procedure for policy III.

A monitoring committee for all title IV-part C projects will be organized by the Office of title IV-part C, including representatives of the Office for Education of Children with Handicapping Conditions, the Bureau of Urban and Community Programs Evaluation, the Office of Elementary, Secondary and Continuing Education Program Planning, the Division of Pupil Personnel Services, the Bureau of School District Organization and related offices. The group will specify key objectives and activities necessary to obtain the intent of the foregoing policy.

(i)Policy IV.

Handicap projects which call for the repair, remodeling, or construction of facilities shall be accessible to and usable by handicapped persons.

(j)Procedure for policy IV.

As a condition for approval, the State's manual, guidelines and application forms will require adherence by applicants to this policy.

(k)Policy V.

Appropriate State education personnel responsible for the education of children with handicapping conditions will participate in and make recommendations on all aspects of the annual program plan and all projects pertaining to the handicapped, including the establishment of priorities, the development of requests for proposals, and the monitoring and evaluation of programs and projects.

(l)Procedures for policy V.

The following activities indicate the extent to which the State's handicapped specialists have been involved in the annual plan and how they will be involved in the operation of the program.

(1) Participation in plan development as described in foregoing policies;

(2) participation in the development of requests for proposals as described in foregoing policies;

(3) participation in assisting districts to understand the request for proposals, and assisting them to prepare applications in answer to the RFP;

(4) participation in proposal review and selection;

(5) participation in program monitoring, reporting, evaluation, dissemination and adoption processes;

(6) participation in appropriate advisory council meetings;

(7) participation in regional and State meetings concerned with title IV of the Elementary and Secondary Education Act-part C implementation, where appropriate.

Table 1

Estimated Percentage Distribution Among Types of Grants For Fiscal Year 1978 Local Assistance Funds

Developer	Validation	Demonstration	Replication	Total
FY 1978	46%	1%	29%	24%	100%

Table 2

Local Assistance* IV-C fiscal year 1978

Program priority	Funds allotted
Handicapped	$ 1,785,515
Basic skills	3,658,871
Curriculum and teaching	2,042,152
Gifted	726,322
Management of learning	1,040,761
Health nutrition dropout	567,192
Mini-projects	1,000,000
State/national diffusion	1,082,619
$ 11,903,432
Available for local assistance	$ 11,903,432
Part C allocation	14,640,122
Title V	2,736,690
Administration	596,632

N.Y. Comp. Codes R. & Regs. Tit. 8 § 2302.35