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This OSEP letter addresses whether “other State-level activities” funds under 34 CFR §300.704(b)(1) may be used, in combination with other state and federal funds, to provide technical assistance to schools and LEAs identified for corrective action or improvement under No Child Left Behind. OSEP explains that the authority in 34 CFR §300.704(b)(4)(xi) is limited to schools and LEAs identified for improvement on the sole basis of assessment results for the subgroup of children with disabilities (see update below). The letter clarifies that funds reserved for other state-level activities are not subject to the commingling or state-level supplanting restrictions described in 34 CFR §300.704(d).

Important update: Following the enactment of the Every Student Succeeds Act (ESSA) in December of 2015, 34 CFR 300.704(b)(4)(xi) was revised to remove the term “sole.” It now applies to action taken “on the basis of” consistent underperformance of the children with disabilities subgroup. As a result, earlier guidance relying on the “sole basis” standard is outdated.

For questions about the allowable uses of other state-level activities funds, contact your state’s CIFR TA Liaison or reach out to CIFR.