In 2024, this protocol was implemented as part of OSEP’s Differentiated Monitoring and Supports (DMS) to ensure that states properly monitor significant disproportionality within their LEAs. The protocol addresses five specific components: (1) Significant Disproportionality Definitions, (2) Annual Determinations of Significant Disproportionality, (3) Comprehensive Coordinated Early Intervening Services, (4) Maintenance of Effort, and (5) Other Related Considerations.
Federal agency
Letter to Picard
This OSERS letter details the approval of a state request to reallocate IDEA Part B state-level activities funds to purchase equipment and materials for a regional assistive technology center. The letter clarifies that no prior approval from Department of Education is required to fund a new staff position for the center ; however, it is the state’s responsibility to ensure Part B funds are spent in accordance with all applicable requirements.
State General Supervision Responsibilities Under Parts B and C of the IDEA
This OSEP guidance provides states with the information necessary to exercise their general supervision responsibilities under IDEA and ensure appropriate monitoring, technical assistance, and enforcement regarding local programs. It reaffirms the importance of general supervision and the expectation that monitoring the implementation of IDEA will improve early intervention, educational results, and functional outcomes for children with disabilities and their families. It replaces these OSEP resources:
- Frequently Asked Questions Regarding Identification and Correction of Noncompliance and Reporting on Correction in the State Performance Plan (SPP)/Annual Performance Report (APR) (September 3, 2008);
- OSEP Memo 09-02: Reporting on Correction of Noncompliance in the Annual Performance Report Under Sections 616 and 642 of IDEA (October 17, 2008); and
- Questions and Answers on Monitoring, Technical Assistance, and Enforcement (June 2009).
OSEP Memo: Review of Obligation and Liquidation Timelines and Authority, and Process for Requesting Late Liquidations
This OSEP memo clarifies obligation and liquidation timelines for IDEA Part B and Part C grants, including the timelines and process for requesting late liquidations.
Guidance for Common Prior Approval Requests Under IDEA Parts B and C
This OSEP guidance summarizes the approval process and requirements for three common categories of direct costs for which states must obtain prior approval before using IDEA funds: equipment expenditures, participant support costs, and revision of cost items within budget and program plans. Please also consult the Office of Special Education and Rehabilitative Services (OSERS) Frequently Asked Questions on Prior Approval from October 2019.
Fiscal Management for State Agencies with Primary Fiscal Responsibility
OSEP uses this protocol to provide differentiated monitoring and support to states with unitary systems, or which utilize internal controls and systems centralized within a state educational agency or state lead agency to ensure compliance with federal fiscal requirements. The protocol has an overarching question for each of the following fiscal topics: fiscal management, fiscal support and guidance, procurement, personnel, budgeting and activities, records and information management, period of performance and carryover, equipment and supplies management, and Part B parentally-placed private school children with disabilities. Each overarching question includes general information, possible follow-up questions, and areas (or issues) for follow-up.
IDEA Part C Fiscal Monitoring Protocols
OSEP developed a series of monitoring protocols as part of its system of Differentiated Monitoring and Supports (DMS). This webpage houses the protocols for ensuring compliance with the fiscal requirements of Part C of the IDEA and related statutes and regulations. Protocols related to CIFR’s scope include:
The Fiscal C Checklist Reviewing Methods and Fiscal C Systems Payment Monitoring Protocol examine whether the methods that a state uses to establish financial responsibility for the provision of Part C services are consistent with IDEA fiscal requirements.
The Fiscal Part C SLOR Introduction provides an overview of OSEP’s review process for the state’s general supervision system and single line of responsibility related to the use of Part C funds.
The Fiscal Part C SLOR Protocol examines how the statewide system implements fiscal elements of the single line of responsibility under IDEA Section 635(a)(10) and other requirements.
Resources for Grantees Website – Grants
This U.S. Department of Education web page contains resources pertaining to the three OSEP-administered IDEA formula grants that are awarded annually to provide services to 1) infants and toddlers with disabilities and their families, 2) preschool children ages 3-5, and 3) special education for children and youth with disabilities.
The site includes Part B and Part C grant award letters, annual grant application templates, application instructions and procedures, public participation topic briefs, and checklists.
Letter to Manasevit
This OSEP letter addresses how population and poverty allocations are calculated for a State Department of Juvenile Services that provides educational services to children statewide and for a School for the Blind. OSEP explains that the SEA must first determine these institutions to be eligible for funding under 34 CFR 300.705. OSEP concludes awards to eligible institutions would be calculated as they are for all subgrantees under this section – using a base payment, a payment based on population, and a payment based on poverty. OSEP further explains how population and poverty would be calculated for each institution.
Letter to Batson
This OSEP letter addresses the use of state set-aside funds under Part B of the IDEA for professional development related to Louisiana’s Positive Behavior Supports (PBS) Initiative. OSEP explains that under 34 CFR §300.704(b)(4)(i), (iii) and (viii), state set-aside funds can be used for support and direct services, which may include assisting LEAs in providing positive behavioral interventions.