Federal Guidance | Required Use of EIS (Significant Disproportionality) | RTI/EIS PowerPoint Presentation | Questions & Answers
Required Use of Early Intervening Services (EIS) Funds
Background
When States make determinations of significant
disproportionality based on race or ethnicity with respect to the identification
of children as children with disabilities, the placement in particular educational
settings of these children, or the incidence, duration, and type of disciplinary
actions (including suspensions and expulsions), three important provisions are
triggered. For more information about how the state analyzed significant disproportionality,
see 2009 Significant
Disproportionality Analysis Methodology.
(1) Review and revision of policies, procedures,
and practices
The State must provide for the review and, if appropriate, revision of the policies,
procedures, and practices used in the identification, placement, or discipline
of children with disabilities, to ensure that the policies, procedures, and
practices comply with the requirements of the Act. [34 CFR §300.646(b)
(1)] The review of LEAs’ policies, practices, and procedures for identifying,
placing, and disciplining children with disabilities would occur for LEAs that,
based on the numerical analysis, were identified as having significant disproportionality
in identification, placement, or discipline. The purpose of this review is to
determine if the policies, practices, and procedures are consistent with the
requirements of IDEA.
(2) Required use of maximum amount (15%) of the flow-through
funds for early intervening services
In the case of determination of significant disproportionality with respect
to the identification of children as children with disabilities, the placement
in particular educational settings of such children, or disciplinary actions,
the SEA must require the LEA to reserve the maximum amount (15%) of the flow-through
funds it receives under Part B of IDEA to provide comprehensive coordinated
early intervening services (EIS) to serve children who have not been identified
as children with disabilities in the LEA, particularly, but not exclusively,
children in those groups who have not been identified as children with disabilities
in the LEA, particularly, but not exclusively, children in those groups that
were significantly overidentified. [34 CFR §300.646(b)(2)]. The Department
interprets the phrase “reserve the maximum amount of funds” as meaning
to use the funds for early intervening services. The statute does not authorize
LEAs to use these funds for any other purpose.
It is important to note that the obligation to use 15% of the LEA’s IDEA funds for EIS is triggered solely on a determination of significant disproportionality. In other words, the obligation to reserve funds for EIS is independent of any analysis of whether that disproportionality is the result of inappropriate identification.
(3) Public reporting of revisions to policies, procedures,
and practices
The third provision at 34 CFR §300.646(b)(3) requires the LEA to publicly
report on the results of this revision of policies, practices, and procedures
used in identification, placement or discipline of children with disabilities
(described under 34 CFR §300.646(b)(1)).
Important note
There is no appeal process when the State has identified an LEA with
significant disproportionality. LEAs must review their policies, procedures,
and practices; reserve 15% of the flow-through funds for early intervening services;
and, if they revise policies, procedures, and practices, must make a public
announcement (examples include, but are not limited to: at a school board meeting,
public notice in the local newspaper, on the LEA's web page, letter to parents,
etc.).
In accordance with 34 CFR §300.608, “if an LEA does not meet the targets in the state’s performance plan, the LEA is prohibited from reducing maintenance of effort (MOE) under 34 CFR §300.203 for any [this] fiscal year.”
Guidance on EIS When Required by the State for Significant Disproportionality
Activities
In implementing coordinated, early intervening services under 34 C.F.R. §300.226,
to address Significant Disproportionality, an LEA may carry
out activities that include:
Funding Requirements
LEAs that are identified with Significant Disproportionality are required to
use 15% of the entitlement received under IDEA-B (FAR Fund Codes 224 and 225).
These IDEA-B funds may be used in combination with other funds (including sources
other than education funds) which may include interagency financing structures
(Section 613(f)(1)). Federal funds always retain their identity. It is incumbent
upon the Texas Education Agency (TEA) and LEAs to account for the receipt and
expenditure of federal funds, and to ensure that federal funds are used for
allowable costs in accordance with federal fiscal requirements.
LEAs must calculate 15% of the entitlement received under IDEA-B based on the combined total of IDEA-B formula and preschool funding amounts. LEAs must calculate the 15% before calculating and setting aside private school proportionate share funds. The LEA must recalculate the 15% once maximum entitlements are released.
LEAs that are identified with Significant Disproportionality are required to submit an amendment to their eGrants application in order to budget the EIS funds.
LEAs should use a local option code that uniquely identifies the cost objective used to account for the expenditure of federal, state, and local funds on coordinated, early intervening services. The use of local and state funds for coordinated, early intervening services that were previously expended on special education services may result in an apparent decline in Maintenance of Effort (MOE). LEAs should maintain documentation (i.e., policies, procedures, identification criteria, needs assessment, improvement plan, budget) that adequately describes the program implemented.
Data Collection and Reporting Requirements
Each LEA that develops and maintains coordinated, early intervening services
under 34 CFR 300.226 must annually report to the State educational agency (SEA)
on:
LEAs must include in this count students served by personnel who participated in professional development activities supported with EIS funds.
LEAs are encouraged to develop data collecting/reporting systems in order to ensure timely and accurate submission to the State. Guidance on how LEAs will report data to the State, including details on the reporting period and deadlines, will be forthcoming from the Agency.
Relationship between EIS and Free Appropriate Public
Education (FAPE)
EIS does not limit or create a right to FAPE under Part B of IDEA or allow an
LEA to delay appropriate evaluation of a child suspected of having a disability.
[34 C.F.R. §300.226(c)]
Texas Education Agency | Division of IDEA Coordination
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560
Last Updated: July 10, 2009 | Created: July 5, 2007
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