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.
State Set-Aside
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).]
At A Glance: IDEA Part B Grants to States and Subgrants to Local Educational Agencies
This one-page graphic provides a high-level overview of how states reserve IDEA Part B funds for state activities and allocate subgrants to LEAs, including key components like state set-aside funds, base payments, and population and poverty calculations. Ideal for communicating with education partners and policymakers as well as orienting new state fiscal staff.
Dear OSERS Grantee Letter and FAQs for Prior Approval
In this 2019 letter, the Office of Special Education and Rehabilitative Services (OSERS) announced that it is granting prior approval for two direct cost categories to ease the burden on states. This prior approval permits formula grant funds administered by the Office of Special Education Programs (OSEP) and the Rehabilitation Services Administration (RSA) to be used for certain allowable purposes in a timely fashion. The accompanying FAQ provides details on which types of uses no longer require prior approval and which proposed activities continue to require prior approval before the funds can be expended.
IDEA Part B Fiscal Timeline 1.4
This tool helps special education directors, supervisors of IDEA fiscal work, and other state educational agency staff plan and monitor the activities they need to perform to meet the requirements of IDEA Part B. The product download includes instructions for customizing the tool and an explanation of the IDEA Part B state grant funding cycle.
Version 1.4 includes updates to the:
- MOE reduction and CEIS data tab to address changes to the data reporting and submission process, and
- LEA and SEA risk management tabs to reflect the Guidance on State General Supervision Responsibilities under Parts B and C of the IDEA published by the Office of Special Education Programs (OSEP) on July 24, 2023.
If you use an earlier version of the tool, be sure to replace it with Version 1.4.
Letter to Manasevit
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).
Understanding the IDEA Part B State Grant Funding Cycle and Different Fiscal Years
Developed by CIFR, this document reviews the life cycle of an Individuals with Disabilities Education Act (IDEA) state grant and how that cycle corresponds to federal and state fiscal years. It includes an illustrated overview, with definitions and examples, of the forward funding period, the award year funding period, the Tydings period, the period of performance, and the liquidation period. Understanding these periods and the relationships among fiscal years will be particularly important for users of the IDEA Fiscal Timeline, a tool designed to help state staff manage IDEA section 611 and section 619 grants.
This publication is an update to the original resource published in 2019. We recommend replacing the original resource in your records with this version. This resource has been updated to reflect changes to 2 CFR §200.344 concerning the liquidation timeline for federal awards.