200 R.I. Code R. 200-RICR-20-30-6.6

Current through December 3, 2024

Section 200-RICR-20-30-6.6 - Local Educational Agency Eligibility

A. An LEA's condition of assistance shall be in accordance with 34 C.F.R. § 300. 200, incorporated by reference above. In addition:

1. An LEA is eligible for assistance under R.I. Gen. Laws Chapter 16-24 for a fiscal year if the agency submits a plan that provides assurances to the SEA that the LEA meets each of the conditions as set forth in this Part.

B. The LEA shall maintain consistent policies in accordance with 34 C.F.R. § 300. 201, incorporated by reference above, and have on file with RIDE, policies, procedures, and programs that are consistent with State policies and procedures.

C. Use of amounts.

1. General. The use of amounts provided to the LEA under Part B of the Act shall be in accordance with 34 C.F.R. § 300.202, incorporated by reference above.

D. Maintenance of effort.

1. General. Funds provided to an LEA under Part B of the Act must not be used to reduce the level of expenditures for the education of children with disabilities made by the LEA from local funds below the level of those expenditures for the preceding fiscal year.

2. Standard.

a. Except as provided in § 6.6(D)(2)(b) of this Part, the SEA shall determine that an LEA complies with § 6.6(D)(1) of this Part for purposes of establishing the LEA's eligibility for an award for a fiscal year if the LEA budgets, for the education of children with disabilities, at least the same total or per capita amount from either of the following sources as the LEA spent for that purpose from the same source for the most recent prior year for which information is available:

(1) Local funds only.

(2) The combination of State and local funds.

b. An LEA that relies on § 6.6(D)(2)(a) ((1)) of this Part for any fiscal year must ensure that the amount of local funds it budgets for the education of children with disabilities in that year is at least the same, either in total or per capita, as the amount it spent for that purpose in the most recent fiscal year for which information is available and the standard in § 6.6(D)(2)(a) ((1)) of this Part was used to establish its compliance with this section.

c. The SEA may not consider any expenditures made from funds provided by the Federal Government for which the SEA is required to account to the Federal Government or for which the LEA is required to account to the Federal Government directly or through the SEA in determining an LEA's compliance with the requirement in § 6.6(D)(1) of this Part.

E. Schoolwide programs under Title I of the ESEA shall be in accordance with 34 C.F.R. § 300.206, incorporated by reference above.

F. Personnel development requirements shall be in accordance with 34 C.F.R. § 300.207, incorporated by reference above.

G. Permissive use of funds shall be in accordance with 34 C.F.R. § 300.208, incorporated by reference above.

H. Treatment of charter schools and their students shall be in accordance with 34 C.F.R. § 300.209, incorporated by reference above.

I. Access to and purchase of instructional materials.

1. General. Each public agency must:

a. Adopt the National Instructional Materials Accessibility Standard (NIMAS), published as appendix C to part 300 of the Act, for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner; and

b. Each public agency must ensure that children with disabilities who need instructional materials in accessible formats are provided those materials in a timely manner, and must take all reasonable steps to provide instructional materials in accessible formats to children with disabilities who need those instructional materials at the same time as other children receive instructional materials.

2. Rights of LEA.

a. Nothing in this section shall be construed to require an LEA to coordinate with the NIMAC.

b. If an LEA chooses not to coordinate with the NIMAC, the LEA must provide an assurance to the SEA that the LEA will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

c. Nothing in this section relieves a public agency of its responsibility to ensure that children with disabilities who need instructional materials in accessible formats but are not included under the definition of blind or other persons with print disabilities within § 6.6(I)(4) of this Part or who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner.

3. Preparation and delivery of files. Each public agency that chooses to coordinate with the NIMAC must:

a. As part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, must enter into a written contract with the publisher of the print instructional materials to:

(1) 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 NIMAS; or

(2) Purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats.

b. Provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

4. Assistive technology. In carrying out this section, the Public Agency, to the maximum extent possible, must work collaboratively with the SEA assistive technology program(s).

a. Definitions.

(1) In this section:

(AA) Blind persons or other persons with print disabilities means children served under this part who may qualify to receive books and other publications produced in specialized formats in accordance with the Act entitled "An Act to provide books for adult blind," approved March 3, 1931, 2 U.S.C § 135a;

(BB) National Instructional Materials Access Center or NIMAC means the center established pursuant to §674(e) of the Act;

(CC) National Instructional Materials Accessibility Standard or NIMAS has the meaning given the term in §674(e) (3)(B) of the Act;

(DD) Specialized formats has the meaning given the term in §674(e)(3)(D) of the Act.

(2) The definitions in §§ 6.6(I)(4)(a) ((1))((AA)) through (CC)) of this Part apply to each public agency, whether or not the public agency chooses to coordinate with the NIMAC.

J. Information for SEA shall be provided in accordance with 34 C.F.R. § 300.211, incorporated by reference above.

K. Public information shall be made available in accordance with 34 C.F.R. § 300.212, incorporated by reference above.

L. Records regarding migratory children with disabilities shall be in accordance with 34 C.F.R. § 300.213, incorporated by reference above.

M. Exception for prior local plans shall be in accordance with 34 C.F.R. § 300.220, incorporated by reference above.

N. Notification of LEA or State agency in case of ineligibility shall be in accordance with 34 C.F.R. § 300.221, incorporated by reference above.

O. LEA and State agency compliance shall be in accordance with 34 C.F.R. § 300.222, incorporated by reference above.

P. Joint establishment of eligibility shall be in accordance with 34 C.F.R. § 300.223, incorporated by reference above.

Q. Requirements for establishing eligibility shall be in accordance with 34 C.F.R. § 300.224, incorporated by reference above.

R. Early intervening services shall be in accordance with 34 C.F.R. § 300.226, incorporated by reference above.

S. Direct services by the SEA shall be in accordance with 34 C.F.R. § 300.227, incorporated by reference above.

T. Disciplinary information shall be in accordance with 34 C.F.R. § 300.229, incorporated by reference above; provided, however:

1. Under 34 C.F.R. § 300.229(a), a public agency shall include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child and transmit the statement to the same extent that the disciplinary information is included in, and transmitted with, the student records of nondisabled children.

2. Under 34 C.F.R. § 300.229(c), if the child transfers from one school to another, the transmission of any of the child's records shall include both the child's current IEP and any statement of current or previous disciplinary action that has been taken against the child.

200 R.I. Code R. 200-RICR-20-30-6.6

Adopted effective 1/9/2019