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.

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.

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.

EDGAR has been updated to provide states with the authority to subgrant (34 CFR §76.50). This guide references previous Consolidated Appropriations Acts as the authorizing authority and will be updated when more information becomes available.

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.

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).

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).]

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.

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.