This CIFR-developed reference guide provides an overview of the IDEA requirements regarding Part B subgrants to LEAs; the base payment, population, and poverty calculations states must make; and circumstances in which the base payment must be adjusted. The guide includes questions for states to consider and resource suggestions.
Part B – Allocation of IDEA Part B Subgrants to LEAs
This OSEP letter responds to a question about the implementation of formulas for IDEA sections 619 and 611 funds as well as the options available for distribution of funds.
This nonregulatory guidance addresses how state or local educational agencies should allocate federal funds to charter schools that are opening for the first time or significantly expanding their enrollment. Sections A and B cover general requirements that are applicable to federal formula grant programs. Section F (pages 37–51) addresses IDEA funds specifically.
This letter explains the concept of forward funding for federal grant awards, including IDEA. IDEA makes a portion of the grant award that is appropriated for October 1st of each grant year available on July 1 of that year. Although this letter is specific to fiscal year 2002, it explains how funds are advanced and how funds should be subsequently provided to subgrantees because of the advance funding process and the period of availability of those funds for obligation. This concept remains the same for any fiscal year.
This OSERS letter explains the legal obligations for SEAs to flow through IDEA Part B grant funds to LEAs, including the permanent formula under IDEA §611(g)(2)(B) that defines a certain minimum amount of the SEA’s IDEA Part B grant that must be distributed to its LEAs.
This letter reiterates a previous conclusion from OSEP and Office of Elementary and Secondary Education (OESE) that for-profit charter schools are not eligible to receive funds under the IDEA or Title I, Part A of the Elementary and Secondary Education Act (ESEA). Under Arizona state law, both for-profit and nonprofit charter schools function as LEAs in the state; however, based on the definitions of “elementary school” and “secondary school” in both ESEA and IDEA, the letter concludes that for-profit charter schools are not eligible subrecipients as LEAs because they do not have direction or control of a school that meets the federal statutory definition of elementary or secondary school.
This OSERS letter addresses several questions related to the high cost fund established under 34 CFR §300.704(c) and the reallocation of IDEA funds before the beginning of the last year of availability for obligation of those funds. OSERS concludes, in the majority of the questions, that many of the responses are dependent on the content of the state’s high cost fund plan. For states that have a high cost fund, this letter highlights specific reallocation provisions related to the fund, specifically at 34 CFR §300.704(c)(9).
This OSERS letter addresses two questions: one regarding the permissibility of LEAs suballocating IDEA funds to counties and private preschool and school-aged providers and another regarding the allowable uses of those funds by the counties and private providers. OSERS addresses the requirement of the state and its LEAs to ensure the provision of special education and related services and the permissibility of using IDEA funds to do so. OSERS notes that there is no provision of IDEA that would permit LEAs to subgrant—or suballocate—the funds they receive from the SEA. Regarding the use of funds, OSERS discusses the allowability of using funds for the purposes of Part B of the IDEA and that costs must be reasonable and necessary for those purposes.
This OSEP letter responds to a question about the formulas for IDEA sections 611 and 619 funds not taking into consideration growth in the number of children provided a free appropriate public education. The letter explains that, as the appropriations for sections 611 and 619 increase, a larger portion of section 611 and section 619 funds will be distributed based on population and poverty, rather than the base payment which is calculated based on a prior year’s child count.
Published December 1, 2008, this document includes regulations 300.705, .815, and .817, subgrants to LEAs and reallocation of LEA funds, as well as commentary. Commentary to the regulations can be found on pages 73023–73025. Topics include eligibility for Part B subgrants of charter schools that operate as LEAs regardless of whether they serve children with disabilities; the responsibility of public charter school LEAs to meet the eligibility requirements for IDEA Part B funds; the reallocation of Part B funds and when states may use funds from an LEA that does not need them to provide FAPE; and the requirement of an SEA to monitor the obligation of Part B funds. The final language for regulations 300.705, 300.815, and 300.817 begins on page 73028.