1. Q: Where can I find key IDEA federal law text, US Education Department (USED) regulations on IDEA, and OSSE guidance around IDEA?
A. Some of these key resources requested, and others, are available here:
- IDEA Statute
- Chapter 34 of the Code of Federal Regulations (C.F.R.) 300.226 - Early intervening services
- 34 C.F.R. 300.206 - Schoolwide programs under title I of the ESEA
- OSSE Releases State Level Allocation Policies for IDEA
- OSSE Federal Formula Grants Toolkit: ESEA and IDEA
2. Q. What does Comprehensive Early Intervening Services (CEIS) mean?
A. IDEA allows LEAs to use funds provided under Part B of the IDEA for Coordinated Early Intervening Services (CEIS). These services are for children from kindergarten through grade 12, with an emphasis on children from kindergarten through grade 3, who are not currently identified as children with disabilities needing special education and related services but who need additional academic and behavior support to succeed in the general education environment.
If applicable, LEAs will complete the CEIS portion of the application in the corresponding CEIS tab(s) in the Enterprise Grants Management System (EGMS).
An LEA is limited to using 15 percent of its IDEA Part B award for CEIS. If an LEA opts to use part of its IDEA funding on CEIS, the LEA must annually report to OSSE:
- The number of children who received CEIS; and
- The number of children who received CEIS and subsequently were identified as children with disabilities and received special education and related services in the two year period prior to the report.
For example, an LEA would need to report in FY19 the number of children receiving CEIS in FY19, as well as the number of students who received CEIS who subsequently were identified as children with disabilities and received special education and related services in FY17 and FY18.
In certain circumstances, OSSE will determine that an LEA is required to implement CEIS. This decision is based on whether OSSE determines that an LEA has significant disproportionality in racial or ethnic representation with respect to:
- The identification of children as children with disabilities, including the identification of children as children with disabilities with a particular impairment;
- The placement in particular educational settings; and
- The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.
If an LEA is determined to have significant disproportionality, OSSE will notify the LEA, and the LEA will be required to review and, if appropriate, revise its policies and practices used in the identification or placement of children to ensure compliance with IDEA requirements.
The LEA will also be required to reserve the full 15 percent set‐aside for CEIS and to provide these services to children in the LEA and particularly (but not exclusively) to children in the groups that were significantly over‐identified.
3. Q: The option to consolidate IDEA funds into a school-wide program is only applicable to LEAs who qualify for Title I of the Elementary and Secondary Education Act (ESEA), correct?
A: Yes. For more information on consolidation into a schoolwide program, visit OSSE’s Federal Formula Grants Toolkit here.
4. Q: If we are an elementary school, do we need to address the secondary transition question?
A: LEAs that serve students who will be age 14 or older by July 1, 2018 must answer the secondary transition question.
Related Content: Specialized Education Fiscal Policy and Grants Management