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.
State Considerations for IDEA Part C Subgranting
Developed in collaboration with OSEP and the Office of General Counsel, this guide from CIFR outlines key differences between contracts and subgrants for Part C, highlights questions for states to consider as they determine whether to pursue subgranting, and describes the initial steps of planning and decision-making.
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.
Letter to DeTemple
This OSEP letter addresses whether state set-aside funds under 34 CFR §300.704 can be used, in conjunction 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 (NCLB), due to their failure to meet adequate yearly progress (AYP). OSEP notes that the authority under 34 CFR §300.704(b)(4)(xi) is limited to schools and LEAs identified for improvement on the sole basis of the assessment results for the disaggregated subgroup of children with disabilities. The letter discusses other relevant provisions and confirms that funds reserved by a state under 34 CFR §300.704(b)(1) can be used without regard to the prohibitions on commingling or state-level supplanting, as described in 34 CFR §300.704(d).
Letter to Flinter
This OSEP letter responds to a question about the use of state set-aside funds under Section 619 of the IDEA for a statewide training system for early childhood teachers and care givers. OSEP concludes that funding the project with state set-aside funds would not be inconsistent under Section 619(f)(5) because the project would be supplemented with other funds and is a part of a statewide, coordinated services system designed to improve results for children and families. It notes that the total amount used under Section 619(f)(5) may not exceed one percent of the amount received under Section 619 for the fiscal year.
[Note: Since this letter’s publication in 2001, the regulations have changed. Section 619(f)(5) is now Section 619(f)(4).]
Letter to Moser and Kuester
This OSEP letter responds to questions about the consequences of MOE failure under Part C of the IDEA. It explains the state must pay back the amount by which it failed to maintain effort, that the state may not decline to draw down all of its federal IDEA Part C award funds to offset the amount of the failure, and that repayment must be made with non-federal funds or federal funds for which accountability to the federal government is not required.
Please also see Letter to Wilden.
Collecting and Tracking Maintenance of Effort Data
This web-based resource is designed to assist lead agencies in establishing a process for annually collecting and tracking the budgeting and expenditures of state and local funds to determine if MOE is met for IDEA Part C. The resource provides an overview of the IDEA regulatory requirements for MOE, steps for developing a methodology for calculating and tracking MOE, answers to critical questions, and links to resources including an Excel-based MOE calculator.
This product was jointly developed by the Early Childhood Technical Assistance (ECTA) Center, the Center for IDEA Early Childhood Data Systems (DaSy), and the IDEA Infant & Toddler Coordinators Association.
Part C Fiscal 101 Modules: Federal Fiscal Requirements
The Early Childhood Technical Assistance (ECTA) Center developed 10 modules to help Part C lead agency staff understand the federal fiscal requirements associated with IDEA Part C funding as well as requirements that apply to all federal funding. Each module addresses a specific component of the fiscal requirements, providing an overview of each topic.
Module 4 covers use of funds, allowability and prior approval.
Module 5 covers the indirect cost requirements found in Subpart E of the Uniform Guidance and Sections III and IV of the state grant application.
Module 10 covers the MOE requirement, located in the supplement not supplant requirement under 34 CFR § 303.225(a)(2).
Letter to Willden
This OSEP letter clarifies the liability a state faces if it fails to meet the MOE requirement under Part C of the IDEA. It describes how the payback amounts are calculated when a failure occurs and explains how the state must pay back the amount by which it failed to maintain effort. The state may not decline to draw down all of its federal IDEA Part C award funds to offset the amount of the failure, and the repayment must be made with non-federal funds or federal funds for which accountability to the federal government is not required. Please also see Letter to Moser and Kuester.
Understanding the IDEA Part C State Grant Funding Cycle and Different Fiscal Years
Developed by CIFR, this graphic-based resource explains the different stages of the Part C grant cycle: budget period, Tydings period, period of performance, and liquidation period. Part C coordinators and their fiscal staff will learn how these stages correspond with different state fiscal years. The resource may be useful for strategic planning, managing fiscal timelines, and communicating with state Interagency Coordinating Councils (ICCs), lead agency leadership, local early intervention programs, and other interested parties.