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PA Bulletin, Doc. No. 23-352



Proposed Grant Application by the Department of Education under Part B of the Individuals with Disabilities Education Act for Federal Fiscal Year 2023

[53 Pa.B. 1514]
[Saturday, March 18, 2023]

 Public comment is invited regarding the Department of Education's (Department) proposed grant application under Part B of the Individuals with Disabilities Education Act (IDEA-B) for Federal Fiscal Year 2023. The annual grant application provides, in part, assurances that the Commonwealth's policies and procedures in effect are consistent with the Federal requirements to ensure that a free appropriate public education is made available to all children with a disability from 3 years of age to 21 years of age, including children who have been suspended or expelled from school.

 The Department is also seeking public comment on its revisions to the prior written notice for a reevaluation and request for consent form and corresponding Cyclical Monitoring for Continuous Improvement (CMCI) file review documents. The form is being separated into two forms, the prior written notice for a reevaluation form and the request for consent for a reevaluation form, to ensure local educational agencies (LEA) provide parents with prior written notice and obtain parent consent at proper times during the reevaluation process. The Department changed the corresponding CMCI file review documents to incorporate both forms so that during its monitoring, the Department can ensure LEAs are properly using both forms.

 The public participation requirements relevant to Part B are in 34 CFR 300.165 (relating to public participation) and in section 441(b)(7) of the General Education Provisions Act (20 U.S.C.A. § 1232d(b)(7)). In accordance with these requirements, and prior to submitting a State plan or adopting any policies and procedures needed to comply with Part B, or both, the Commonwealth must ensure reasonable opportunities for participation by local agencies, representatives of the class of individuals affected by this program and other interested institutions, organizations and individuals in the planning for and operation of the IDEA-B program. Section 76.102 of 34 CFR (relating to definition of ''State plan'' for part 76) indicates that the IDEA-B grant application is considered a State plan.

 Copies of the proposed 2023 IDEA-B grant application, prior written notice for a reevaluation and request for consent for a reevaluation forms and the corresponding CMCI file review documents are available by viewing the documents at The current IDEA-B policies and procedures are available for viewing at the previously listed web site. Alternative formats of the documents (for example, Braille, large print, CD) can be made available to members of the public upon request.

 The Department will accept written public comment beginning March 18, 2023, until May 17, 2023. The written comments should be directed to Jeanette Alexander, Special Education Adviser, Bureau of Special Education, Department of Education, 333 Market Street, 7th Floor, Harrisburg, PA 17126-0333,

 Public comment is also welcomed in alternative formats such as Braille, recorded comments and telephone comments for individuals with disabilities. Individuals who are disabled and wish to submit comments by telephone should contact Aaron Ioos at (717) 772-3500.

 Additionally, the Department will provide individuals wishing to present verbal testimony an opportunity to do so. One written copy of verbal testimony prior to the time of presentation would be appreciated. Presentations should be limited to 15 minutes.

 Verbal testimony must be provided virtually on March 29, 2023, from 3 p.m. to 6 p.m.

 To schedule an opportunity to present verbal testimony, or for persons with a disability who require an accommodation to participate in the proceedings, call Aaron Ioos at (717) 772-3500, no later than March 23, 2023. Individuals will be provided with a link to participate.

 Following receipt of all written and verbal comments, the Department will consider all comments. The Department will make any necessary modifications to the proposed 2023 IDEA-B grant application and the revised forms and corresponding CMCI file review documents before submission of the Federal Fiscal Year 2023 IDEA-B grant application to the Secretary of the United States Department of Education and implementation of the revised forms and corresponding CMCI file review documents.

Acting Secretary

[Pa.B. Doc. No. 23-352. Filed for public inspection March 17, 2023, 9:00 a.m.]

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