View FileSeptember 19, 2001 to Alabama State Superintendent of Education Dr. Ed Richardson (MS Word)
Dated September 19, 2001Dr. Ed RichardsonState Superintendent of EducationAlabama State Department of EducationGordon Persons BuildingP.O. Box 302101Montgomery, Alabama 36130-2101Dear Superintendent Richardson:This is a response to your letter dated May 4, 2001, addressed to me at the Office of Special Education Programs (OSEP). In your letter you asked for guidance regarding whether the Alabama State Department of Education may use Part B funds under the Individuals with Disabilities Education Act (IDEA) to pay for litigation costs associated with lawsuits involving two local educational agencies in Alabama. The first lawsuit you ask about resulted in a Consent Decree in Lee v. Macon and the second resulted in a settlement agreement in F.M. & L.G., et al. v. Barbour County Board of Education, et al.With respect to Lee v. Macon you describe the consent decree as requiring the Department to address the over-representation of African-American students identified as mentally retarded and emotionally disturbed, the under-representation of African-American students as have specific learning disabilities and giftedness, and facilities. Most of the identified costs associated with this lawsuit are allowable under Part B as costs incurred as a result of compliance with specific provisions of the Federal award as allowed by #20 (Fines and Penalties), Attachment B, OMB Circular A-87, Cost Principles for State, Local and Indian Fiscal Government.Section 618(c) of the IDEA requires the States to examine data to determine if significant disporportionality based on race is occurring in the identification of children into particular disability categories and in the placement of children with disabilities into particular educational settings. If significant disporportionality is discovered, the State must review, and if appropriate, revise policies, procedures and practices to ensure compliance wi/signed Patricia J. Guard/Patricia J. GuardActing DirectorOffice of Special Education Programscc:Mr. Mabrey WhetstoneAlabama Department of EducationPage PAGE 2 Dr. Ed Richardson
