POLICY LETTER: June 25, 2003 to individual (personally identifiable information redacted)
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June 25, 2003 to individual (personally identifiable information redacted) (MS Word)
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June 25, 2003 to individual (personally identifiable information redacted) (MS Word)
Dated June 25, 2003This is in response to your inquiry regarding States' responsibilities for enforcing the Individuals with Disabilities Education Act (IDEA) and the provision of a free appropriate public education (FAPE) to students with disabilities. We appreciated having an opportunity to discuss your concerns with you by telephone on two occasions and regret the delay in responding to you in writing, as you requested.In your first question, you asked what oversight responsibility a State educational agency (SEA) has over a local educational agency (LEA) with regard to the provision of FAPE to children with disabilities. The IDEA assigns responsibility to SEAs for ensuring that its requirements are met and that all educational programs for children with disabilities, including all such programs administered by any other State or local agency, are under the general supervision of individuals in the State who are responsible for educational programs for children with disabilities and that these programs meet the educational standards of the SEA. State support and involvement at the local level are critical to the successful implementation of the provisions of IDEA. To carry out their responsibilities, States provide dispute resolution mechanisms (mediation, complaint resolution and due process), monitor the implementation of State and Federal statutes and regulations, establish standards for personnel development and certification as well as educational programs, and provide technical assistance and training across the State. Effective general supervision promotes positive student outcomes by promoting appropriate educational services to children with disabilities, ensuring the successful and timely correction of identified deficiencies, and providing personnel who work with children with disabilities the knowledge, skills and abilities necessary to carry out their assigned responsibilities.In your second set of questions, #2 and #2A, you inquire about the method of an SEA investigation and ask whether the Florida Department of Education's complaint investigation in DOE Agency Case No. DOE-2001-659-FOF met appropriate investigative standards under IDEA. The regulations implementing Part B of the IDEA, at 34 CFR 300.660-300.662 (State Complaint Procedures), provide that each SEA Carry out an independent on-site investigation, if the SEA determines that an investigation is necessary. See 34 CFR 300.661(a)(1DirectorOffice of Special Education ProgramsEnclosurecc:Ms. Shan GoffFlorida Department of EducationPage NUMPAGES 2
TOPIC ADDRESSED: State Educational Agency General Supervisory Authority
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
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Last modified on April 27, 2017