This OSEP memo clarifies the use of IDEA funds and other federal funds for CEIS, including the provision that requires the SEA to require the LEA to reserve the maximum amount of funds available for comprehensive CEIS if the SEA identifies significant disproportionality based on race or ethnicity. See 34 CFR §300.646(b)(2).
Federal agency
Letter to Andrejack
This letter to the Michigan Department of Education addresses three IDEA fiscal topics, two of which are maintenance of effort (MOE) and coordinated early intervening services (CEIS). The CEIS question asks about the possibility of reallocating CEIS funds not expended by an LEA. OSEP explains that the funds can only be used for the purposes stated in IDEA and any funds not expended by the LEA when required to expend them due to significant disproportionality would revert to the U. S. Department of Education at the end of the expenditure period for those funds.
Letter to Dale
This letter to the Division of Rehabilitation Services and Special Education at the University of Maine, Farmington, discusses the possible uses for CEIS funds including a tiered support system such as response to intervention (RTI) and funding teachers.
Letter to Goodman
This letter responds to the Maryland Special Needs Advocacy Project and addresses two IDEA fiscal topics, one of which is CEIS. The CEIS question regards calculation of the proportionate share of IDEA funds that must be used by a local educational agency (LEA) to provide equitable services to children with disabilities who are parentally placed in private schools when that LEA is required to provide comprehensive CEIS. For comprehensive CEIS, an LEA is required to reserve exactly 15 percent of its IDEA funds to provide these services when it has been identified with significant disproportionality. OSEP explains that the calculations for the percentage of IDEA funds to reserve for comprehensive CEIS and the proportionate share must be based on the total amount of the IDEA subgrant the LEA receives under 34 CFR §§300.705 and 300.815.
State Maintenance of Financial Support Waivers under Part B
This OSERS web page contains materials pertaining to MFS waivers. The site includes states’ requests for one-year waivers of the IDEA MFS requirement and the department’s response to each request. Descriptions of the waiver process and criteria used to evaluate state requests are also included.
Federal Register, Vol. 81, No. 243, 34 CFR Part 300: Assistance to States for the Education of Children with Disabilities; Preschool Grants for Children with Disabilities (Significant Disproportionality)
These final regulations on significant disproportionality, effective January 18, 2017, consist of an analysis of comments to the proposed regulations and changes to how states determine significant disproportionality and implement comprehensive CEIS based on significant disproportionality.
Significant Disproportionality (Equity in IDEA) Essential Questions and Answers (Q&A)
OSEP released a Q&A guidance document to answer questions as states begin engaging their stakeholders around the implementation of the revised significant disproportionality final regulations effective January 18, 2017. Section C “Remedies” of the Q&A document addresses policies, practices, and procedures regarding CEIS; funding comprehensive CEIS; implications for LEA Maintenance of Effort; and more.
Model State Timeline
Following the revised significant disproportionality regulations, effective January 18, 2017, OSEP released a Model State Timeline to help states prepare for full compliance in school year 2018-2019. States may use this suggested timeline in accordance with the Significant Disproportionality (Equity in IDEA) Essential Questions and Answers (Q&A) for guidance while preparing to implement the new rule.
Rule Delay for Significant Disproportionality (Equity in IDEA) Regulations
Issued by the U.S. Department of Education, this final rule postponed the compliance date for implementing the significant disproportionality regulations (released December 16, 2016) by two years, from July 1, 2018, to July 1, 2020. The rule also postponed the date children ages 3 through 5 must be included in the analysis of significant disproportionality, from July 1, 2020, to July 1, 2022. The rule announcement includes an analysis of public comments provided to the earlier notice of proposed rulemaking.
OSEP Memo 10-5
Clarifies the term “State financial support.” In calculating MFS, the state must also include state funds provided by all state agencies that provide or pay for special education and related services to students. See 34 CFR §300.163.