Special EducationFiscal Requirements

Special EducationFiscal Requirements

VASBO Fall Conference

October 3, 2014

Tracie L. Coleman

VASBO Fall Conference

October 3, 2014

Tracie L. Coleman

OverviewOverviewOverviewOverview• Individual’s with Disabilities Education Act

(IDEA)• Excess Cost Calculation• IDEA Funding Formula• IDEA Annual Plan Application• Maintenance of Effort Requirement

• Eligibility• Compliance

• Coordinated Early Intervening Services & Proportionate Share Calculation

• General Federal Grant Requirements

• Individual’s with Disabilities Education Act (IDEA)

• Excess Cost Calculation• IDEA Funding Formula• IDEA Annual Plan Application• Maintenance of Effort Requirement

• Eligibility• Compliance

• Coordinated Early Intervening Services & Proportionate Share Calculation

• General Federal Grant Requirements

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What is IDEA?What is IDEA?What is IDEA?What is IDEA?• IDEA reauthorized in 2004, implementing federal

regulations released 2006 and Virginia’s special education regulations were revised, most recently in 2010.

• 34 CFR Part 300 Assistance to States for the Education of Children with Disabilities and Preschool Grants for Children with Disabilities.

• Virginia regulations set forth the requirements of the Board of Education regarding the provision of Special Education

• Each school division shall provide free and appropriate education, including special education for the children with disabilities residing within its jurisdiction….

• IDEA reauthorized in 2004, implementing federal regulations released 2006 and Virginia’s special education regulations were revised, most recently in 2010.

• 34 CFR Part 300 Assistance to States for the Education of Children with Disabilities and Preschool Grants for Children with Disabilities.

• Virginia regulations set forth the requirements of the Board of Education regarding the provision of Special Education

• Each school division shall provide free and appropriate education, including special education for the children with disabilities residing within its jurisdiction….

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Excess CostsExcess CostsExcess CostsExcess Costs• IDEA Part B funds may be used only to pay for the excess costs of

providing special education and related services to children with disabilities, except as otherwise provided.

• Excess costs are those costs for the education of an elementary school or secondary school student with a disability that are in excess of the average annual per student expenditure in an LEA during the preceding school year for an elementary school or secondary school student, as may be appropriate.

• An LEA must spend at least the average annual per student expenditure on the education of an elementary school or secondary school child with a disability before funds under Part B of the Act are used to pay the excess costs of providing special education and related services.

• VDOE re-started collecting this data in April 2014

For additional information see

Superintendent’s Memorandum #063-14Superintendent’s Memorandum #063-14

• IDEA Part B funds may be used only to pay for the excess costs of providing special education and related services to children with disabilities, except as otherwise provided.

• Excess costs are those costs for the education of an elementary school or secondary school student with a disability that are in excess of the average annual per student expenditure in an LEA during the preceding school year for an elementary school or secondary school student, as may be appropriate.

• An LEA must spend at least the average annual per student expenditure on the education of an elementary school or secondary school child with a disability before funds under Part B of the Act are used to pay the excess costs of providing special education and related services.

• VDOE re-started collecting this data in April 2014

For additional information see

Superintendent’s Memorandum #063-14Superintendent’s Memorandum #063-144

Excess Cost WorksheetExcess Cost WorksheetExcess Cost WorksheetExcess Cost Worksheet

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IDEA Federal FundingIDEA Federal FundingIDEA Federal FundingIDEA Federal Funding

• Federal funds are available for preschool (619) and school-age Federal funds are available for preschool (619) and school-age (611) special education programs. The amounts received by (611) special education programs. The amounts received by each school division are determined by a formula that each school division are determined by a formula that • considers historical federal funding (i.e., December 1, 1998 Child Count), considers historical federal funding (i.e., December 1, 1998 Child Count), • total school enrollment (i.e., school census data), and total school enrollment (i.e., school census data), and • poverty levels (free and reduced lunch percentages). poverty levels (free and reduced lunch percentages).

• School divisions must School divisions must applyapply annually for any federal funds, annually for any federal funds, and cannot commingle federal special education funds with and cannot commingle federal special education funds with other funds. Upon approval from the State, the school division other funds. Upon approval from the State, the school division spends the money and then is reimbursed for approved spends the money and then is reimbursed for approved expenditures. expenditures.

For allocation information see

Superintendent’s Memorandum #196-14Superintendent’s Memorandum #196-14

• Federal funds are available for preschool (619) and school-age Federal funds are available for preschool (619) and school-age (611) special education programs. The amounts received by (611) special education programs. The amounts received by each school division are determined by a formula that each school division are determined by a formula that • considers historical federal funding (i.e., December 1, 1998 Child Count), considers historical federal funding (i.e., December 1, 1998 Child Count), • total school enrollment (i.e., school census data), and total school enrollment (i.e., school census data), and • poverty levels (free and reduced lunch percentages). poverty levels (free and reduced lunch percentages).

• School divisions must School divisions must applyapply annually for any federal funds, annually for any federal funds, and cannot commingle federal special education funds with and cannot commingle federal special education funds with other funds. Upon approval from the State, the school division other funds. Upon approval from the State, the school division spends the money and then is reimbursed for approved spends the money and then is reimbursed for approved expenditures. expenditures.

For allocation information see

Superintendent’s Memorandum #196-14Superintendent’s Memorandum #196-14

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Allocation of 611 FundsAllocation of 611 FundsAllocation of 611 FundsAllocation of 611 Funds

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FFY 2013 vs FFY 2014 611 Award Comparison

Prelim Award Amts Final Award Amts. DifferenceAWARD #H027A130172 266,858,779$ 266,858,779$ -$ STATE SET-ASIDE ACTIVITIES (without risk pool & not including admin funds) 27,185,007$ 27,185,007$ -$ MAXIMUM AMT. PERMITTED FOR ADMINISTRATION: 5,577,827$ 5,577,827$ -$ REQUIRED FLOW-THROUGH 234,095,945$ 234,095,945$ -$ Calculated sum of admin, set-aside & FT 266,858,779$ 266,858,779$ -$

AWARD #H027A140107 280,427,239 280,194,675 (232,564)$ STATE SET-ASIDE ACTIVITIES (without risk pool & not including admin funds) 27,446,965 27,446,965 -$ MAXIMUM AMT. PERMITTED FOR ADMINISTRATION: 5,631,576 5,631,576 -$ REQUIRED FLOW-THROUGH 247,348,698$ 247,116,134$ (232,564)$ Calculated sum of admin, set-aside & FT 280,427,239$ 280,194,675$ (232,564)$

Award Increase 13,568,460$ 13,335,896$ (232,564)$ Set Aside Increase 261,958 261,958 - Administration Increase 53,749 53,749 - Flow-through increase 13,252,753$ 13,020,189$ (232,564)$

Allocation of 619 FundsAllocation of 619 FundsAllocation of 619 FundsAllocation of 619 Funds

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Award AmountsAward #H173A130112 8,537,211$ State set-aside 2,357,079 Administration ($471,415 permitted for admin)

Flow-through 6,180,132

Award #H173A140112 - PRELIMINARY 8,537,221$ State set-aside 2,357,082 Administration ($471,416 permitted for admin)

Flow-through 6,180,139

Award Increase 10$ Set Aside Increase 3 Administration Increase - Flow-through increase 7$

LEA’s Eligibility for IDEALEA’s Eligibility for IDEALEA’s Eligibility for IDEALEA’s Eligibility for IDEA

• Established under Established under Subpart C of regs• An LEA is eligible for assistance under IDEA

for a fiscal year if the agency submits a plan that provides assurances to the SEA that the LEA meets each of the conditions in § § 300.201 through 300.213

• Assurances are included with the Assurances are included with the division’s Annual Plan Applicationdivision’s Annual Plan Application

• Established under Established under Subpart C of regs• An LEA is eligible for assistance under IDEA

for a fiscal year if the agency submits a plan that provides assurances to the SEA that the LEA meets each of the conditions in § § 300.201 through 300.213

• Assurances are included with the Assurances are included with the division’s Annual Plan Applicationdivision’s Annual Plan Application

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Annual Plan ApplicationAnnual Plan ApplicationAnnual Plan ApplicationAnnual Plan Application

• The Annual Application (aka Annual Plan) is The Annual Application (aka Annual Plan) is the LEA’s application to request federal the LEA’s application to request federal special education funding.special education funding.

• Includes, in part, the following:Includes, in part, the following:• Assurances of legal compliance;Assurances of legal compliance;• Updated information regarding local special education Updated information regarding local special education

advisory committees (LAC), local & regional jails, advisory committees (LAC), local & regional jails, implementation of previous application; andimplementation of previous application; and

• Proposed budgetsProposed budgets

• The Annual Application (aka Annual Plan) is The Annual Application (aka Annual Plan) is the LEA’s application to request federal the LEA’s application to request federal special education funding.special education funding.

• Includes, in part, the following:Includes, in part, the following:• Assurances of legal compliance;Assurances of legal compliance;• Updated information regarding local special education Updated information regarding local special education

advisory committees (LAC), local & regional jails, advisory committees (LAC), local & regional jails, implementation of previous application; andimplementation of previous application; and

• Proposed budgetsProposed budgets

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Workbook TabsWorkbook TabsWorkbook TabsWorkbook Tabs• WelcomeWelcome• LEA InstructionsLEA Instructions• Cover & CertificationsCover & Certifications• LEA Assurances & LEA Assurances &

CertificationsCertifications• LEA Local & Regional LEA Local & Regional

Jails Jails (Not applicable for SOPs)(Not applicable for SOPs)

• Implementation NarrativeImplementation Narrative• MOE EligibilityMOE Eligibility (Not applicable (Not applicable

for SOPs)for SOPs)

• CEIS & PSACEIS & PSA (Not applicable for (Not applicable for

SOPs)SOPs)

• Section 611Section 611• Section 619Section 619

• WelcomeWelcome• LEA InstructionsLEA Instructions• Cover & CertificationsCover & Certifications• LEA Assurances & LEA Assurances &

CertificationsCertifications• LEA Local & Regional LEA Local & Regional

Jails Jails (Not applicable for SOPs)(Not applicable for SOPs)

• Implementation NarrativeImplementation Narrative• MOE EligibilityMOE Eligibility (Not applicable (Not applicable

for SOPs)for SOPs)

• CEIS & PSACEIS & PSA (Not applicable for (Not applicable for

SOPs)SOPs)

• Section 611Section 611• Section 619Section 619

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Prior to SubmissionPrior to SubmissionPrior to SubmissionPrior to Submission

• Each school division shall Each school division shall • Review Application with its local special education Review Application with its local special education

advisory committee;advisory committee;• Submit Application to the local school board for approval. Submit Application to the local school board for approval.

• SOPs are required to submit their Application to the State Special SOPs are required to submit their Application to the State Special Education Advisory Committee. Education Advisory Committee.

• The VSDB is required to submit its Application to its board for The VSDB is required to submit its Application to its board for approval and then to the State Special Education Advisory approval and then to the State Special Education Advisory Committee.Committee.

• Have Superintendent to Sign the Application Have Superintendent to Sign the Application (Maintain (Maintain Signed Copy for Audit Purposes)Signed Copy for Audit Purposes)

• The Application must be completed and submitted The Application must be completed and submitted electronically electronically (via SSWS-OMEGA)(via SSWS-OMEGA)..

• Each school division shall Each school division shall • Review Application with its local special education Review Application with its local special education

advisory committee;advisory committee;• Submit Application to the local school board for approval. Submit Application to the local school board for approval.

• SOPs are required to submit their Application to the State Special SOPs are required to submit their Application to the State Special Education Advisory Committee. Education Advisory Committee.

• The VSDB is required to submit its Application to its board for The VSDB is required to submit its Application to its board for approval and then to the State Special Education Advisory approval and then to the State Special Education Advisory Committee.Committee.

• Have Superintendent to Sign the Application Have Superintendent to Sign the Application (Maintain (Maintain Signed Copy for Audit Purposes)Signed Copy for Audit Purposes)

• The Application must be completed and submitted The Application must be completed and submitted electronically electronically (via SSWS-OMEGA)(via SSWS-OMEGA)..

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MOE Planning/EligibilityMOE Planning/EligibilityMOE Planning/EligibilityMOE Planning/Eligibility

Report the projected budget for 2014-2015 Report the projected budget for 2014-2015 and compare against actual 2012-2013 and compare against actual 2012-2013

expendituresexpenditures

Divisions Must Budget Enough to Meet MOE Divisions Must Budget Enough to Meet MOE Requirements Requirements

If enough wasn’t budgeted, ineligible to receive If enough wasn’t budgeted, ineligible to receive funding the next year and Divisions may have to funding the next year and Divisions may have to repay funds if MOE is not met, further analysis repay funds if MOE is not met, further analysis

by VDOE will be required.by VDOE will be required.

Report the projected budget for 2014-2015 Report the projected budget for 2014-2015 and compare against actual 2012-2013 and compare against actual 2012-2013

expendituresexpenditures

Divisions Must Budget Enough to Meet MOE Divisions Must Budget Enough to Meet MOE Requirements Requirements

If enough wasn’t budgeted, ineligible to receive If enough wasn’t budgeted, ineligible to receive funding the next year and Divisions may have to funding the next year and Divisions may have to repay funds if MOE is not met, further analysis repay funds if MOE is not met, further analysis

by VDOE will be required.by VDOE will be required.

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MOE EligibilityMOE EligibilityMOE EligibilityMOE Eligibility

•LEAs Required to Meet LEAs Required to Meet MOE RequirementsMOE Requirements

• Spend at least the Same Spend at least the Same Amount in Local or Local Amount in Local or Local plus State Funds in Current plus State Funds in Current Year as Spent in Prior YearYear as Spent in Prior Year

• Further Requires LEA to Further Requires LEA to Both Budget in each Both Budget in each Subsequent Year at least Subsequent Year at least the Same Amount that it the Same Amount that it Expended in the Most Expended in the Most Recent Prior Year for Which Recent Prior Year for Which Information is Available and Information is Available and Expend Year to Year the Expend Year to Year the Amount it Expended in the Amount it Expended in the Prior Year.Prior Year.

•LEAs Required to Meet LEAs Required to Meet MOE RequirementsMOE Requirements

• Spend at least the Same Spend at least the Same Amount in Local or Local Amount in Local or Local plus State Funds in Current plus State Funds in Current Year as Spent in Prior YearYear as Spent in Prior Year

• Further Requires LEA to Further Requires LEA to Both Budget in each Both Budget in each Subsequent Year at least Subsequent Year at least the Same Amount that it the Same Amount that it Expended in the Most Expended in the Most Recent Prior Year for Which Recent Prior Year for Which Information is Available and Information is Available and Expend Year to Year the Expend Year to Year the Amount it Expended in the Amount it Expended in the Prior Year.Prior Year.

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MOE ComplianceMOE ComplianceMOE ComplianceMOE Compliance

• The Individuals with Disabilities Education Act The Individuals with Disabilities Education Act (IDEA), §300.203, requires the VDOE to determine (IDEA), §300.203, requires the VDOE to determine that a school division complies with the that a school division complies with the maintenance of effort requirement to spend (four maintenance of effort requirement to spend (four tests)tests)

• at least the same total amount of at least the same total amount of • either local or local plus state dollars or either local or local plus state dollars or • per capita amount of either local or local plus state dollars for the per capita amount of either local or local plus state dollars for the

education of children with disabilities education of children with disabilities • that the school division spent from the same source for that purpose in that the school division spent from the same source for that purpose in

the previous year.the previous year.

• The Individuals with Disabilities Education Act The Individuals with Disabilities Education Act (IDEA), §300.203, requires the VDOE to determine (IDEA), §300.203, requires the VDOE to determine that a school division complies with the that a school division complies with the maintenance of effort requirement to spend (four maintenance of effort requirement to spend (four tests)tests)

• at least the same total amount of at least the same total amount of • either local or local plus state dollars or either local or local plus state dollars or • per capita amount of either local or local plus state dollars for the per capita amount of either local or local plus state dollars for the

education of children with disabilities education of children with disabilities • that the school division spent from the same source for that purpose in that the school division spent from the same source for that purpose in

the previous year.the previous year.

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MOE Requirement MOE Requirement MOE Requirement MOE Requirement

• There is no flexibility in the IDEA for any There is no flexibility in the IDEA for any waiver or variance to a school division’s waiver or variance to a school division’s MOE requirement. MOE requirement.

• Under certain conditions specified in the Under certain conditions specified in the IDEA regulations, a school division may IDEA regulations, a school division may reduce the expenditures needed to meet its reduce the expenditures needed to meet its MOE requirement. MOE requirement.

• There is no flexibility in the IDEA for any There is no flexibility in the IDEA for any waiver or variance to a school division’s waiver or variance to a school division’s MOE requirement. MOE requirement.

• Under certain conditions specified in the Under certain conditions specified in the IDEA regulations, a school division may IDEA regulations, a school division may reduce the expenditures needed to meet its reduce the expenditures needed to meet its MOE requirement. MOE requirement.

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MOE Allowable MOE Allowable Exceptions/AdjustmentsExceptions/Adjustments

MOE Allowable MOE Allowable Exceptions/AdjustmentsExceptions/Adjustments

• The possible allowable exceptions specified in IDEA are below.• §300.204(a), “ … The voluntary departure, by retirement or otherwise, or

departure for just cause of special education or related services personnel.”

• §300.204(b), “ … A decrease in the enrollment of children with disabilities.”

• §300.204(c), “ … The termination of the obligation of the agency, consistent with this part, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the SEA, because the child–”

• §300.204(d), “ … The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities.”

• §300.205, “ … Adjustment to local fiscal efforts in certain fiscal years up to 50% of excess in allocation.” CEIS is a factor.

• The possible allowable exceptions specified in IDEA are below.• §300.204(a), “ … The voluntary departure, by retirement or otherwise, or

departure for just cause of special education or related services personnel.”

• §300.204(b), “ … A decrease in the enrollment of children with disabilities.”

• §300.204(c), “ … The termination of the obligation of the agency, consistent with this part, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the SEA, because the child–”

• §300.204(d), “ … The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities.”

• §300.205, “ … Adjustment to local fiscal efforts in certain fiscal years up to 50% of excess in allocation.” CEIS is a factor.

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IDEA MOE Not Met?IDEA MOE Not Met?IDEA MOE Not Met?IDEA MOE Not Met?

• The VDOE will be required to pay the The VDOE will be required to pay the amount of the division’s shortfall to amount of the division’s shortfall to the U.S. Department of Education.the U.S. Department of Education.

• The VDOE will then establish a The VDOE will then establish a payment plan for the division to payment plan for the division to reimburse the VDOE. reimburse the VDOE.

• Federal funds cannot be used to make Federal funds cannot be used to make this payment. this payment.

• The VDOE will be required to pay the The VDOE will be required to pay the amount of the division’s shortfall to amount of the division’s shortfall to the U.S. Department of Education.the U.S. Department of Education.

• The VDOE will then establish a The VDOE will then establish a payment plan for the division to payment plan for the division to reimburse the VDOE. reimburse the VDOE.

• Federal funds cannot be used to make Federal funds cannot be used to make this payment. this payment.

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Coordinated Early Intervening Services Coordinated Early Intervening Services (CEIS)(CEIS)

Coordinated Early Intervening Services Coordinated Early Intervening Services (CEIS)(CEIS)

• What are CEIS? What are CEIS? • CEIS are services provided to students in kindergarten through CEIS are services provided to students in kindergarten through

grade 12 (with a particular emphasis on students in kindergarten grade 12 (with a particular emphasis on students in kindergarten through grade three) who are not currently identified as needing through grade three) who are not currently identified as needing special education or related services, but who need additional special education or related services, but who need additional academic and behavioral supports to succeed in a general academic and behavioral supports to succeed in a general education environment. education environment.

• The IDEA (20 U.S.C. §1413(f)(2)) and its regulations (34 CFR The IDEA (20 U.S.C. §1413(f)(2)) and its regulations (34 CFR §300.226(b)) identify the activities that may be included as CEIS:§300.226(b)) identify the activities that may be included as CEIS:

• Professional development for teachers and other school staff to Professional development for teachers and other school staff to enable such personnel to deliver scientifically based academic and enable such personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and and instructional software; and

• Providing educational and behavioral evaluations, services, and Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction. supports, including scientifically based literacy instruction.

• What are CEIS? What are CEIS? • CEIS are services provided to students in kindergarten through CEIS are services provided to students in kindergarten through

grade 12 (with a particular emphasis on students in kindergarten grade 12 (with a particular emphasis on students in kindergarten through grade three) who are not currently identified as needing through grade three) who are not currently identified as needing special education or related services, but who need additional special education or related services, but who need additional academic and behavioral supports to succeed in a general academic and behavioral supports to succeed in a general education environment. education environment.

• The IDEA (20 U.S.C. §1413(f)(2)) and its regulations (34 CFR The IDEA (20 U.S.C. §1413(f)(2)) and its regulations (34 CFR §300.226(b)) identify the activities that may be included as CEIS:§300.226(b)) identify the activities that may be included as CEIS:

• Professional development for teachers and other school staff to Professional development for teachers and other school staff to enable such personnel to deliver scientifically based academic and enable such personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and and instructional software; and

• Providing educational and behavioral evaluations, services, and Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction. supports, including scientifically based literacy instruction.

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Proportionate Set-Aside (PSA)Proportionate Set-Aside (PSA)Proportionate Set-Aside (PSA)Proportionate Set-Aside (PSA)

• § 300.132 (a) “… To the extent consistent with § 300.132 (a) “… To the extent consistent with the number and location of children with the number and location of children with disabilities who are enrolled by their parents in disabilities who are enrolled by their parents in private, including religious, elementary schools private, including religious, elementary schools and secondary schools located in the school and secondary schools located in the school district served by the LEA, provision is made for district served by the LEA, provision is made for the participation of those children in the program the participation of those children in the program assisted or carried out under Part B of the Act by assisted or carried out under Part B of the Act by providing them with special education and providing them with special education and related services, including direct services related services, including direct services determined in accordance with § 300.137....” determined in accordance with § 300.137....”

• § 300.132 (a) “… To the extent consistent with § 300.132 (a) “… To the extent consistent with the number and location of children with the number and location of children with disabilities who are enrolled by their parents in disabilities who are enrolled by their parents in private, including religious, elementary schools private, including religious, elementary schools and secondary schools located in the school and secondary schools located in the school district served by the LEA, provision is made for district served by the LEA, provision is made for the participation of those children in the program the participation of those children in the program assisted or carried out under Part B of the Act by assisted or carried out under Part B of the Act by providing them with special education and providing them with special education and related services, including direct services related services, including direct services determined in accordance with § 300.137....” determined in accordance with § 300.137....”

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Proportionate Set Aside (PSA)Proportionate Set Aside (PSA)Proportionate Set Aside (PSA)Proportionate Set Aside (PSA)

• Each local education agency (LEA) must spend a proportionate Each local education agency (LEA) must spend a proportionate amount of its Sections 611 and 619 allocations on providing amount of its Sections 611 and 619 allocations on providing special education and related services (including direct special education and related services (including direct services) to parentally-placed private school children with services) to parentally-placed private school children with disabilities. Section 300.133 of the Individuals with Disabilities disabilities. Section 300.133 of the Individuals with Disabilities Education Act (IDEA) specifies a formula that an LEA is Education Act (IDEA) specifies a formula that an LEA is required to use to determine the proportionate amount the LEA required to use to determine the proportionate amount the LEA is to make available or spend to meet the requirements of § is to make available or spend to meet the requirements of § 300.132(a).300.132(a).

• The Calculation is defined under Appendix B to Part 300 – The Calculation is defined under Appendix B to Part 300 – Proportionate Share CalculationProportionate Share Calculation

• Funds must be Set-Aside during the Grant PeriodFunds must be Set-Aside during the Grant Period• Additional Guidance is AvailableAdditional Guidance is Available

• Each local education agency (LEA) must spend a proportionate Each local education agency (LEA) must spend a proportionate amount of its Sections 611 and 619 allocations on providing amount of its Sections 611 and 619 allocations on providing special education and related services (including direct special education and related services (including direct services) to parentally-placed private school children with services) to parentally-placed private school children with disabilities. Section 300.133 of the Individuals with Disabilities disabilities. Section 300.133 of the Individuals with Disabilities Education Act (IDEA) specifies a formula that an LEA is Education Act (IDEA) specifies a formula that an LEA is required to use to determine the proportionate amount the LEA required to use to determine the proportionate amount the LEA is to make available or spend to meet the requirements of § is to make available or spend to meet the requirements of § 300.132(a).300.132(a).

• The Calculation is defined under Appendix B to Part 300 – The Calculation is defined under Appendix B to Part 300 – Proportionate Share CalculationProportionate Share Calculation

• Funds must be Set-Aside during the Grant PeriodFunds must be Set-Aside during the Grant Period• Additional Guidance is AvailableAdditional Guidance is Available

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PSA WorksheetPSA WorksheetPSA WorksheetPSA Worksheet

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Coordinated Early Intervening Services Coordinated Early Intervening Services (CEIS)(CEIS)

Coordinated Early Intervening Services Coordinated Early Intervening Services (CEIS)(CEIS)

• Required for LEA identified with having Required for LEA identified with having significant disproportionality based on race or significant disproportionality based on race or ethnicityethnicity

• Permits LEAs to use Part B funds to develop Permits LEAs to use Part B funds to develop and provide CEIS for students who are and provide CEIS for students who are currently not identified as needing special currently not identified as needing special education (i.e., general education students), but education (i.e., general education students), but need additional academic and behavioral need additional academic and behavioral support to succeed in a general education support to succeed in a general education environment environment

• Requires student level tracking for two yearsRequires student level tracking for two years

• Required for LEA identified with having Required for LEA identified with having significant disproportionality based on race or significant disproportionality based on race or ethnicityethnicity

• Permits LEAs to use Part B funds to develop Permits LEAs to use Part B funds to develop and provide CEIS for students who are and provide CEIS for students who are currently not identified as needing special currently not identified as needing special education (i.e., general education students), but education (i.e., general education students), but need additional academic and behavioral need additional academic and behavioral support to succeed in a general education support to succeed in a general education environment environment

• Requires student level tracking for two yearsRequires student level tracking for two years

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CEIS (continued)CEIS (continued)CEIS (continued)CEIS (continued)

• The rationale for using IDEA funds for CEIS is The rationale for using IDEA funds for CEIS is based on research showing that the earlier a based on research showing that the earlier a child’s learning problems or difficulties are child’s learning problems or difficulties are identified, the more quickly and effectively the identified, the more quickly and effectively the problems and difficulties can be addressed and problems and difficulties can be addressed and the greater the chances that the child’s the greater the chances that the child’s problems will be ameliorated or decreased in problems will be ameliorated or decreased in severity. severity.

• Conversely, the longer a child goes without Conversely, the longer a child goes without assistance, the longer the remediation time and assistance, the longer the remediation time and the more intense and costly services might be.the more intense and costly services might be.

• The rationale for using IDEA funds for CEIS is The rationale for using IDEA funds for CEIS is based on research showing that the earlier a based on research showing that the earlier a child’s learning problems or difficulties are child’s learning problems or difficulties are identified, the more quickly and effectively the identified, the more quickly and effectively the problems and difficulties can be addressed and problems and difficulties can be addressed and the greater the chances that the child’s the greater the chances that the child’s problems will be ameliorated or decreased in problems will be ameliorated or decreased in severity. severity.

• Conversely, the longer a child goes without Conversely, the longer a child goes without assistance, the longer the remediation time and assistance, the longer the remediation time and the more intense and costly services might be.the more intense and costly services might be.

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CEIS (continued)CEIS (continued)CEIS (continued)CEIS (continued)

• The IDEA and its implementing regulations permit LEAs to use not The IDEA and its implementing regulations permit LEAs to use not more than 15 percent of the amount the LEA receives under Part B more than 15 percent of the amount the LEA receives under Part B of the IDEA, less any amount reduced by the LEA pursuant to 34 of the IDEA, less any amount reduced by the LEA pursuant to 34 CFR §300.205 (adjustment to local fiscal efforts), to develop and CFR §300.205 (adjustment to local fiscal efforts), to develop and implement CEIS. See 34 CFR §300.226. The regulations also implement CEIS. See 34 CFR §300.226. The regulations also specify: specify: • how CEIS funds may be spent; how CEIS funds may be spent; • on whom CEIS funds may be spent;on whom CEIS funds may be spent;• the reporting requirements for LEAs providing CEIS; the reporting requirements for LEAs providing CEIS; • the requirement for using CEIS funds by an LEA identified as having significant the requirement for using CEIS funds by an LEA identified as having significant

disproportionality based on race or ethnicity; and disproportionality based on race or ethnicity; and • the relationship of CEIS to maintenance of effort requirements (34 CFR the relationship of CEIS to maintenance of effort requirements (34 CFR

§§300.226, 300.646(b) and 300.205(d)). §§300.226, 300.646(b) and 300.205(d)).

• LEAs may be Required or Volunteer to Set-Aside FundsLEAs may be Required or Volunteer to Set-Aside Funds• Requires Additional ReportingRequires Additional Reporting

• The IDEA and its implementing regulations permit LEAs to use not The IDEA and its implementing regulations permit LEAs to use not more than 15 percent of the amount the LEA receives under Part B more than 15 percent of the amount the LEA receives under Part B of the IDEA, less any amount reduced by the LEA pursuant to 34 of the IDEA, less any amount reduced by the LEA pursuant to 34 CFR §300.205 (adjustment to local fiscal efforts), to develop and CFR §300.205 (adjustment to local fiscal efforts), to develop and implement CEIS. See 34 CFR §300.226. The regulations also implement CEIS. See 34 CFR §300.226. The regulations also specify: specify: • how CEIS funds may be spent; how CEIS funds may be spent; • on whom CEIS funds may be spent;on whom CEIS funds may be spent;• the reporting requirements for LEAs providing CEIS; the reporting requirements for LEAs providing CEIS; • the requirement for using CEIS funds by an LEA identified as having significant the requirement for using CEIS funds by an LEA identified as having significant

disproportionality based on race or ethnicity; and disproportionality based on race or ethnicity; and • the relationship of CEIS to maintenance of effort requirements (34 CFR the relationship of CEIS to maintenance of effort requirements (34 CFR

§§300.226, 300.646(b) and 300.205(d)). §§300.226, 300.646(b) and 300.205(d)).

• LEAs may be Required or Volunteer to Set-Aside FundsLEAs may be Required or Volunteer to Set-Aside Funds• Requires Additional ReportingRequires Additional Reporting

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LEA ResponsibilitiesLEA ResponsibilitiesLEA ResponsibilitiesLEA Responsibilities• Expend Funds in Accordance with Approved PlanExpend Funds in Accordance with Approved Plan• Ensure Procurement mechanisms conform to Federal and Ensure Procurement mechanisms conform to Federal and

State laws and standardsState laws and standards• Document time & effort in accordance with OMB Circular A-87 Document time & effort in accordance with OMB Circular A-87

for employees funded from federal grant sourcesfor employees funded from federal grant sources• Maintain financial & programmatic records as required by Maintain financial & programmatic records as required by

Federal & State law.Federal & State law.• General Rule – Sole Use of property purchased with Part B General Rule – Sole Use of property purchased with Part B

funds.funds.• Maintain a physical inventory of property purchased with Part Maintain a physical inventory of property purchased with Part

B funds (Ipads, computers, etc.,).B funds (Ipads, computers, etc.,).• Submit Timely & Accurate Reimbursement RequestsSubmit Timely & Accurate Reimbursement Requests

• Expend Funds in Accordance with Approved PlanExpend Funds in Accordance with Approved Plan• Ensure Procurement mechanisms conform to Federal and Ensure Procurement mechanisms conform to Federal and

State laws and standardsState laws and standards• Document time & effort in accordance with OMB Circular A-87 Document time & effort in accordance with OMB Circular A-87

for employees funded from federal grant sourcesfor employees funded from federal grant sources• Maintain financial & programmatic records as required by Maintain financial & programmatic records as required by

Federal & State law.Federal & State law.• General Rule – Sole Use of property purchased with Part B General Rule – Sole Use of property purchased with Part B

funds.funds.• Maintain a physical inventory of property purchased with Part Maintain a physical inventory of property purchased with Part

B funds (Ipads, computers, etc.,).B funds (Ipads, computers, etc.,).• Submit Timely & Accurate Reimbursement RequestsSubmit Timely & Accurate Reimbursement Requests

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CEIS & PSA & Annual PlanCEIS & PSA & Annual PlanCEIS & PSA & Annual PlanCEIS & PSA & Annual Plan

•Each local school Each local school division shall ensure CEIS division shall ensure CEIS and PSA requirements and PSA requirements have been addressedhave been addressed

• Provide NarrativeProvide Narrative• Provide Preliminary Provide Preliminary

BudgetBudget

•Each local school Each local school division shall ensure CEIS division shall ensure CEIS and PSA requirements and PSA requirements have been addressedhave been addressed

• Provide NarrativeProvide Narrative• Provide Preliminary Provide Preliminary

BudgetBudget

27

Important RemindersImportant RemindersImportant RemindersImportant Reminders• Ensure procurement mechanisms conform to Federal and State Ensure procurement mechanisms conform to Federal and State

laws and standardslaws and standards• LEAs must document time & effort in accordance with OMB LEAs must document time & effort in accordance with OMB

Circular A-87 for employees funded from federal grant sourcesCircular A-87 for employees funded from federal grant sources• LEAs must maintain financial & programmatic records as LEAs must maintain financial & programmatic records as

required by Federal & State law.required by Federal & State law.• General Rule – Sole Use of property purchased with Part B General Rule – Sole Use of property purchased with Part B

funds.funds.• LEAs must maintain a physical inventory of property LEAs must maintain a physical inventory of property

purchased with Part B funds (Ipads, computers, etc.,).purchased with Part B funds (Ipads, computers, etc.,).

• Ensure procurement mechanisms conform to Federal and State Ensure procurement mechanisms conform to Federal and State laws and standardslaws and standards

• LEAs must document time & effort in accordance with OMB LEAs must document time & effort in accordance with OMB Circular A-87 for employees funded from federal grant sourcesCircular A-87 for employees funded from federal grant sources

• LEAs must maintain financial & programmatic records as LEAs must maintain financial & programmatic records as required by Federal & State law.required by Federal & State law.

• General Rule – Sole Use of property purchased with Part B General Rule – Sole Use of property purchased with Part B funds.funds.

• LEAs must maintain a physical inventory of property LEAs must maintain a physical inventory of property purchased with Part B funds (Ipads, computers, etc.,).purchased with Part B funds (Ipads, computers, etc.,).

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Throughout the School Year?Throughout the School Year?Throughout the School Year?Throughout the School Year?

• Spend Funds in Accordance with Approved Spend Funds in Accordance with Approved ApplicationApplication• Submit Application Amendments, if major change to how Submit Application Amendments, if major change to how

funds are being usedfunds are being used• Submit Budget Amendments, if necessary for category Submit Budget Amendments, if necessary for category

spending changesspending changes

• Submit Timely Reimbursement RequestsSubmit Timely Reimbursement Requests• Maintain Maintain Time & Effort ReportsTime & Effort Reports and other and other

Supporting DocumentationSupporting Documentation

• Spend Funds in Accordance with Approved Spend Funds in Accordance with Approved ApplicationApplication• Submit Application Amendments, if major change to how Submit Application Amendments, if major change to how

funds are being usedfunds are being used• Submit Budget Amendments, if necessary for category Submit Budget Amendments, if necessary for category

spending changesspending changes

• Submit Timely Reimbursement RequestsSubmit Timely Reimbursement Requests• Maintain Maintain Time & Effort ReportsTime & Effort Reports and other and other

Supporting DocumentationSupporting Documentation

29

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SESS Budget & Finance Staff Members’SESS Budget & Finance Staff Members’Contact InformationContact Information

SESS Budget & Finance Staff Members’SESS Budget & Finance Staff Members’Contact InformationContact Information

• Pat Brooks – 804-786-9153Pat Brooks – 804-786-9153• Patricia.Brooks@doe.virginia.gov

• Emily Boothe – 804-225-2701Emily Boothe – 804-225-2701• Emilia.Boothe@doe.virginia.gov

• Tracie Coleman – 804-225-2704Tracie Coleman – 804-225-2704• Tracie.Coleman@doe.virginia.gov

• Sherry Hubbard – 804-225-2339Sherry Hubbard – 804-225-2339• Sherry.Hubbard@doe.virginia.gov

• Pat Brooks – 804-786-9153Pat Brooks – 804-786-9153• Patricia.Brooks@doe.virginia.gov

• Emily Boothe – 804-225-2701Emily Boothe – 804-225-2701• Emilia.Boothe@doe.virginia.gov

• Tracie Coleman – 804-225-2704Tracie Coleman – 804-225-2704• Tracie.Coleman@doe.virginia.gov

• Sherry Hubbard – 804-225-2339Sherry Hubbard – 804-225-2339• Sherry.Hubbard@doe.virginia.gov

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QuestionsQuestionsQuestionsQuestions