March 17, 2009
Updated May 7, 2009
AMERICAN RECOVERY & REINVESTMENT ACT of 2009
FUNDING UNDER
THE INDIVIDUALS with DISABILITIES EDUCATION ACT (IDEA)
This document includes eight questions relative to ARRA funding under IDEA, including allocations, suggestions for use of these funds and clarification on maintenance of effort (MOE).
1. What is the special education allocation for Oregon?
There are three allocations for Oregon under IDEA. Estimates from the Department of Education:
*Additional funds from IDEA Part B 611 (ages 5 – 21 years)
$128,979,436 50% end of March to get to programs in May 2009
50% by October 1, 2009
Additional funds for Part B 619 Pre School (3-5 years)
$3,999,911 50% end of March to get to programs in May 2009
50% by October 1, 2009
Additional funds for Part C Infants, Toddlers and Families (birth – 2)
$4,705,556 50% end of March to get to programs in May 2009
50% by October 1, 2009
District allocations may be viewed by opening this link;
*This document addresses only IDEA Part B 611 funds. Guidance for the Early
Childhood programs will be under separate cover at a later date.
2. What are the considerations for these IDEA Part B 611 funds?
- To save and create jobs, supplement but do not supplant (suggestions below)
- To invest in sustainable results rather than ongoing commitments (suggestions below)
- To accurately measure and track results of the spending and outcomes (guidelines are forthcoming and will be shared immediately upon receipt)
- To comply with maintenance of effort requirements (described below)
3. What are some valid expenditures for the IDEA funds?
Additional details on the suggestions below will follow but for now here are some ideas that will support students and staff.
Student Focus
- Purchase state of the art assistive technology and conduct subsequent professional development in its use
- Equipment for student use in instruction
- Work stations for student use
- Purchase new resources and materials for use in instruction
- Student and teacher textbooks aligned to curriculum
- Supplemental materials for pre teach and re teach techniques
- Contract with experts in behavioral intervention or instructional intervention to improve instruction for students
- Support consultation and training for administrators and staff
- Disability specific consultation
Staff Focus
- Provide intensive professional development on evidence-based practices for academics and behavior
- Enhance RTI efforts (process, interventions, procedures)
- Enhance PBS efforts (process, interventions, procedures)
- Expand to secondary RTI efforts
- Conduct district-wide training on use of a single progress monitoring tool
- Develop or expand the capacity to collect and use data to improve teaching and learning and to monitor progress
- Create development time for staff to align IEP with content standards
- Create planning time for school teams to prepare for IEP meetings, data review meetings, and improvement planning
- Provide intensive district-wide professional development for special and general education teachers that focuses on scaling up, through replication, proven and innovative evidence-based school-wide strategies in reading, math, writing and science, and positive behavioral supports to improve student outcomes
Expand Certification Options
- Assist special education teachers in meeting the HQT rule under NCLB for teaching core reading
- Fund internal candidates to become certified in speech pathology (utilizing the new on-line program)
- Fund internal candidates to become speech pathology assistants
- Support mentoring for new special education teachers or administrators
Expand Staff to Support Student Outcomes
- Fund coaches in reading and behavior for RTI and PBS
- Support development of the more intense services under PBS and RTI (red and yellow zones)
- Increase hours for paraprofessionals to allow time for planning instructional strategies with special and general education teachers
- Expand instructional time in reading, math and student management
- Employ Instructional Assistants to assist in the inclusion efforts that enhance access to the general education curriculum (including techniques for students with autism and their families)
- Employ transition coordinators to work with community employers to develop job placements for youth with disabilities.
- Employ secondary transition staff to improve post school outcomes for students with disabilities
- Employ summer coaches/teachers for algebra prep for students with disabilities
4. What is the State Fiscal Stability Fund (SFSF)
The majority of this fund is distributed by formula to states. The SFSF allows districts to use their SFSF formula allocations for many purposes, with one option being expenditures on children with identified disabilities in special education services. If a district chooses to use SFSF funds for special education purpose, there are Maintenance of Effort and Non-Supplanting ramifications that differ from those applied to the IDEA Part B: 611 base allocation and recovery act funds that go out as formula grants. See explanation below.
*The State Fiscal Stabilization Fund includes maintenance of effort provision where districts could use federal funds to enable them to maintain effort for fiscal 2009-2010 and 2010-2011. With prior approval from the Secretary of Education, a state or LEA may count SFSF (but not IDEA recovery funds) under the ARRA that are used for special education and related services as non-federal funds for purposes of determining whether the state or LEA has met the IDEA, Part B MOE requirements.
5. Explain the funds we are getting: IDEA Part B Section 611 Funds: Base Grant and Recovery Act Allocation/Spending Timeline.
The United States Department of Education awarded 50 percent of the IDEA, Part B: 611 recovery funds to states by the end of March 2009. States are expected to distribute these funds to districts by the first of May.
The other 50 percent will be awarded by October 1, 2009. These awards will be in addition to the regular Fiscal Year (FY) 2009 Part B: 611 Grants to States.
Together, these grant awards will constitute a state’s total FY 2009 Part B Grants to States allocations. Districts eligibility for the first 50 percent of the IDEA recovery funds is based on eligibility established by the district for FY 2008 funds.
An LEA is expected to use the IDEA recovery funds expeditiously. An LEA should obligate the majority of these funds during school years 2008–2009 and 2009–2010 and the remainder during school year 2010–2011. States may begin obligating IDEA, Part B recovery funds immediately upon the effective date of the grant. All IDEA recovery funds must be obligated by September 30, 2011.
6. What are the Maintenance of Effort Requirements for Part B grants and Part B Recovery Act funds?
Both the traditional Part B: 611 grants and the IDEA Part B: 611 recovery act funds are subject to the same Maintenance of Effort and Non-Supplanting provisions of IDEA 2004.
For Fiscal Year 2009-2010, districts will need to expend the same level of ESD and LEA Fund 320 expenses as in 2008-2009 in order to maintain effort for IDEA Part B: 611. In Fiscal year 2010-2011, district will need to expend the same level of ESD and LEA Fund 320 expenses as in 2009-2010 in order to maintain effort for IDEA Part B: 611.
As is currently the case with traditional IDEA grants, an LEA may be able to reduce the level of state and local expenditures otherwise required by the IDEA LEA maintenance of effort (MOE) requirements. Generally, under section 613(a)(2)(C), in any fiscal year that an LEA’s IDEA allocation exceeds the amount the LEA received in the previous year, under certain circumstances, the LEA may reduce the level of state and local expenditures by up to 50 percent of the amount of the increase, as long as the LEA uses those freed-up local funds for activities that could be supported under the ESEA, and so long as the district has not been found to be significantly disproportionate in identifying children with disabilities on the basis of race, ethnicity, disability type, or disciplinary activity. In addition the LEA may not exercise this practice if it did not achieve “meets requirements” under the SPR&I process.
If an LEA takes advantage of the provision described above, the required MOE for future years is reduced consistent with the reduction it took, unless the LEA increases the amount of its state and local expenditures on its own.
Under IDEA 2004 section 300.204 LEAs have the right to invoke particular exceptions to assist in maintaining LEA effort. It should be noted that even if a district is found to be significantly disproportionate, and cannot lower its MOE bar by 50% of the increase in IDEA grant from one year to the next, it may still invoke any of these 4 exceptions with supporting documentation. This option is also available to a district that is not allowed to lower its bar by 50% of the IDEA grant increase due to not achieving a “meets requirements” status in its SPR&I determination. These exceptions include:
- The voluntary departure, by retirement or otherwise, or departure for just cause, of high cost special education personnel or related service personnel;
- A decrease in the enrollment of children with disabilities;
- The termination of the obligation of an LEA, 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 state educational agency, because the child has: (1) left the jurisdiction of the LEA; or (2) has reached the age at which the obligation of the LEA to provide a free appropriate public education to the child has terminated; or (3) no longer needs such a program of special education.
- The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities.
However, there is no provision authorizing waiver of the local maintenance of effort requirement based on economic conditions or loss of local revenue.
7. How about the Non-supplanting Requirements under IDEA?
A footnote in the most current USED Guidance Document of IDEA Part B clearly states: "No requirement currently exists related to supplanting ‘particular costs’ and if an LEA maintains local, or state and local, effort, it will not violate the supplement/not supplant requirements of the IDEA. "
8. What does this supplement/non supplant rule mean for districts relative to IDEA Stimulus funds?
When you close your books for 2008-2009, you will have an estimate of your Fund 100: Area of Responsibility 320 expenditures for that year, which needs to be added to your ESD 320 expenditures on behalf of students on IEPs from your district. You then need to compare that against the same audited figures for 2007-2008 to determine with confidence whether or not you spent as much in 2008-2009 as you did in 2007-2008. If you feel certain that you will maintain effort in 2008-2009, you would then satisfy the non-supplanting standard. Then, and only then, you could do something like the following scenario:
“Because of general fund reduction in 2008-2009, you are planning to lay off a certified special education teacher who has traditionally been funded out of general fund. If you are certain you will maintain effort in 2008-2009, you could save this position by paying for it out of IDEA stimulus funds”. If later it is found that you did not maintain effort, you will have violated non-supplanting requirements and will incur the enforcement consequences.
Additional questions regarding IDEA base grant and IDEA recovery act funds should be directed to Eric Richards at 503-947-5786 or eric.richards@state.or.us.
