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IDEA Q&A From ODE-Office of Student Learning & Partnerships 4-6-09

Q: I understood that there would be added dollars to IDEA to help the federal governmenthonor its promise to fund a higher percentage of the cost of IDEA, and that those dollars could be used as costs.   However, after reading the guidelines sent out from the Department around how those dollars are spent, it seems we must use the dollars to expand our program, and that the districts are being discouraged from accessing that money. The idea of significantly growing that one program in our district at a time when we are looking at cutting all others does not seem reasonable.

A: Unfortunately, the Department cannot change the federal government’s requirements for these funds. IDEA has never reached the 40% excess costs for students with disabilities, as was originally intended. It is likely that these funds are meant to help rectify that. The Department acknowledges there are deep and real personnel issues that these requirements do not address. Given our current economic crisis, these restraints do seem to miss the focus. With that in mind, we are doing our best to suggest ways that the funds align to the restrictions.
 
The Department is not implying that “districts keep their hands off of these dollars”. These are the district dollars and should be used, under the federal restraints, to further district initiatives. Some examples of appropriate uses might be:
 
  • Carrying out Response to Intervention (RTI) efforts.
  • Employing reading, math or behavior coaches to support the work of all staff.
  • Formulating ways for current staff to review and meet to review data and plan strategies or,
  • Allowing staff time to learn a district-wide progress monitoring system.
 
Q: Do the maintenance of effort and supplanting rules still apply? By when do we have use the money?  For example, we have considered using funds for a Deaf, Hard of Hearing (DHH) student who would attend our school with an interpreter or go to a regional program, for which we would pay transportation costs.
 
A: Districts must operate under the same Maintenance of Effort (MOE) and non-supplanting requirements as they do currently under IDEA 2004. As for spending, districts will have access to the first 50% of their IDEA stimulus funds by the end of April.  These will be accounted for as 09-10 funds, and they will have until September 30, 2010 to obligate 85% of these funds, and until September 30, 2011 to obligate the remaining 15%.
 
Q: I do not see where the IDEA funds help districts who may need to close their doors early due to lack of funds. I hear about the adverse effects of extended breaks on our special needs students and their need to have consistency in their lives, yet these guidelines seem to suggest we use the funds to buy things at the expense of teachers.
 
Although it sounds as if we can use some of the money for needed new resources, materials and to upgrade assistive technology, it looks like most of the money revolves around professional development.  The problem is we have more professional development money than we know what to do with.
 
As I put together a budget, it will be difficult to explain to staff and the public that we are cutting our school year (and paychecks) but are increasing spending on professional development, supplies and equipment.
 
A: Within the guidelines, there are suggestions that might well support students and staff in schools, like employing assistants to assist in classrooms where students with disabilities need support, to give teachers time or assistance they may need. 
 
Additionally, the guidelines include suggestions for employing transition specialists or job developers at the secondary level.  Because these are limited two year funds, you would need to craft the jobs for outcomes that could be carried out without these additional funds.  Another idea is giving teachers time for planning together – it would be legitimate use of funds for this purpose. On the other hand, the Department would not encourage districts to use the funds for “one shot” trainings; we know those do not work.
 
Q: From my understanding of the guidelines, it does not seem we will be permitted to substitute the General Fund with federal funds from IDEA to cover for what the state dollars do not cover or to backfill that General Fund using American Recovery and Reinvestment Act (ARRA) dollars. Is that correct?



However, it does look like I can hire reading specialists as part of Response to Intervention for K-12.
 
A: These new recovery IDEA flow through funds are restricted similarly to those of the regular IDEA flow through funds, so no supplanting can occur.  It can occur under the stabilization funds. You can the ODE website for more specific information. As for reading specialists, as long as they weren’t previously on general funds, and are not being supplanted, yes you can!
 
Q: Can these funds be used to purchase new mathematics instructional materials to be used by special education students?  Will this also include sets of teacher materials? 
 
A: Yes these funds can be used for new math materials for students with disabilities including the teacher materials as well.
 
Q: Can these funds be used to pay for additional professional development time needed for special education teachers to align curriculum and instruction to state standards?
 
A: Yes these funds can be used for time to align curriculum and instruction to state standards and consider adding a general education teacher to the team if you would like. 
 
Q: Can these funds be used to pay additional compensation?  For example, if a district hired a new special education director in the spring and this individual needed to work during the summer in order for a proper transition of leadership to occur, would this be an appropriate use of funds? 
 
A: If a staff person is funded through general funds right now and is not paid during the summer months, you may use these funds (name the funds again) for “administrative professional development” to supplement him/her during this time.
 
Q: What can districts expect to get for this 08-09 budget year and what do we need to do to get the IDEA funds?
 
A. The IDEA recovery funds should be available for use by the end of April. Districts are not required to do anything special to secure these funds. They will go to districts in a similar fashion as the regular IDEA flow through funds.  The same restrictions for use will apply to these funds and the regular IDEA flow through funds.