This letter reminds SEAs of their obligation to ensure charter schools receive the federal education funds to which they are entitled. Additionally, the document refers SEAs to guidance pertaining to how to allocate funds to charter schools that are opening for the first time or significantly expanding their enrollment.
Allocation of IDEA Part B Subgrants to LEAs
Federal Register Vol. 73, No. 231, 34 CFR Part 300: Assistance to States for the Education of Children with Disabilities
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.
Letter to Bass
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.
Letter to Cort
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.