Use of IDEA Part B Funds for Coordinated Early Intervening Services (CEIS)

What is CEIS?

IDEA Regulations at 34 CFR §300.226 provides that an LEA may use up to 15 percent of the amount it receives under Part B of the Act for any fiscal year, less any amount reduced by the LEA pursuant to §300.205 (local maintenance of effort) to develop and implement coordinated, early interning service for students in kindergarten through grade 12. Part B funds may not be used for early intervening services in preschool.
 
School districts are encouraged to use Part B funds for CEIS.  Districts that opt to use Part B funds, as well as school districts mandated to budget 15% of their Part B allocation for CEIS, are obligated to comply with the following guidance. CEIS may be offered to students in kindergarten (including four-year-old kindergarten) through grade 12 who are not currently identified as needing special education or related services but who have been determined to need additional academic and behavioral support to succeed in a general education environment.  Districts are encouraged to implement CEIS in the primary/intermediate grade levels to address student needs at an earlier age and to enable greater impact on student learning.
 

CEIS includes:

• Professional development for teachers and other school staff to enable them to deliver scientifically based academic instruction and behavioral interventions, including scientifically-based literacy instruction, and, if appropriate, instruction on the use of adaptive and instructional software;
• Providing educational and behavioral evaluations, services and supports, including scientifically-based literacy instruction.
 
An LEA using up to 15% of IDEA Part B funds for coordinated early intervening services must annually report to the state education agency on:
• The number of students who receive CEIS, and
• The number of students who received early intervening services, who subsequently receive special education and related services within two years after receiving the early intervening.
 
IDEA Part B funds budgeted for CEIS may be used to supplement but not supplant services aligned with and activities funded by and carried out under any federally funded project (most notably the Elementary and Secondary Education Act (ESEA) which includes Title I services). There is no “supplement, not supplant” requirement for state or local funds [34 CFR 208 (a)]. CEIS funds may be used to develop and support a multi-tiered system of prevention and intervention options, but may not be used to support the implementation of core (universal) activities designed to provide high quality instruction to all students in a grade, school or district.
 
Any individual whose personnel costs are charged to a federal grant must provide time and effort documentation whether or not it is a semi-annual certification or monthly personnel activity reports (PAR). Semi-annual certification is completed by those individuals who have a single cost object; monthly or pay-period personnel activity reports are completed by individuals who have multiple cost objectives. Under IDEA, any individual who is not 100% special education would need to complete monthly PARs. Time and effort reporting are a part of the allowable costs as defined by the U.S. Office of Management and Budget.
 
Click here to view a document showing the applicable uses of funds for CEIS activities.
 

Restrictions on the use of Part B funds for both Replacement of Local Expenditures and CEIS

Allowable Replacement of Local Funds 

Section 613 of IDEA 2004 is very specific with regard to IDEA Part B funds supplementing, not supplanting (SNS) state and local special education funding and the district’s maintenance of effort (MOE) requirement. However, it should be noted that IDEA 2004 provides for an allowable replacement of local funds. 
 
IDEA 2004 requires each state to have in place a State Performance Plan (SPP) that evaluates its efforts to implement the requirements and purposes of Part B of IDEA and describes how the state will improve such implementation. Annually states are required to report LEAs performance against the 20 indicators established by the OSEP. In addition, the law requires that states must evaluate each LEA on their performance against a set of targets established in the SPP. 
 
For those LEAs who received a “Meets Requirements” annual determination from ODE Office for Exceptional Children may use up to 50 percent of the special education Part B IDEA funds received in excess of the amount received for the prior year to replace local education funds (see the example provided in the box below) as long as the local funds are then used for activities authorized by ESEA. Districts choosing this option to replace state and local funds with the freed-up Part B funds are required to identify and report the expenditures of the freed up state and local funds through a separate job code. This will enable districts to document the use of Part B funds for replacement of prior year local expenditures for audit purposes. 
 

Additional Provisions: 

Under IDEA 616(f), if an SEA determines that an LEA is not meeting the requirements of
Part B, including meeting targets in the state’s performance plan, the SEA must prohibit
that LEA from reducing its MOE under IDEA section 613(a)(2)(C) for any fiscal year; 
An LEA must receive a determination under Section 616 of “Meets Requirements” from
the state in order to take advantage of this flexibility; and 
An LEA that is required to use 15 percent of its IDEA Part B allocation on Coordinated
Early Intervening Services (CEIS) because the SEA identified the LEA as having significant
disproportionality under 34 CFR 300.646 will not be able to reduce local MOE under IDEA. 
 

Combining the use of funds to reduce Maintenance of Effort and for Early Intervening Services:

Funds used to provide CEIS under Section 613(f)(1)-(5) count towards the maximum amount of local expenditures that a district may reduce.
 
LEAs that seek to reduce their local maintenance of effort in accordance with §300.205(d) and use some of their Part B funds for early intervening services under §300.226 must do so with caution because the local maintenance of effort reduction provision and the authority to use Part B funds for early intervening services are interconnected. The decisions that an LEA makes about the amount of funds that it uses for one purpose affect the amount that it may use for the other. Below are examples that illustrate how §300.205(d) and §300.226(a) affect one another. 
 
Click here to view the Federal Guidelines on the use of Part B funds for replacement of Local Expenditures and CEIS.  Please see item #8.
 
Example 1: In this example, the amount that is 15 percent of the LEA's total grant (see §300.226(a)), which is the maximum amount that the LEA may use for CEIS, is greater than the amount that may be used for local MOE reduction (50 percent of the increase in the LEA's grant from the prior year's grant) (see §300.205(a)). 
 
Prior Year's Allocation: $900,000
Current Year's Allocation: $1,000,000
Increase: $100,000
Maximum Available for MOE Reduction: $50,000
Maximum Available for EIS: $150,000
 
If the LEA chooses to set aside $150,000 for CEIS, it may not reduce its MOE (MOE maximum
$50,000 less $150,000 for CEIS means $0 can be used for MOE).
If the LEA chooses to set aside $100,000 for CEIS, it may not reduce its MOE (MOE maximum
$50,000 less $100,000 for CEIS means $0 can be used for MOE). 
If the LEA chooses to set aside $50,000 for CEIS, it may not reduce its MOE (MOE maximum
$50,000 less $50,000 for CEIS means $0 can be used for MOE). 
If the LEA chooses to set aside $30,000 for CEIS, it may reduce its MOE by $20,000 (MOE
maximum $50,000 less $30,000 for CEIS means $20,000 can be used for MOE). 
If the LEA chooses to set aside $0 for CEIS, it may reduce its MOE by $50,000 (MOE maximum
$50,000 less $0 for CEIS means $50,000 can be used for MOE). 
 
Example 2: In this example, the amount that is 15 percent of the LEA's total grant (see §300.226(a)), which is the maximum amount that the LEA may use for CEIS, is less than the amount that may be used for MOE reduction (50 percent of the increase in the LEA's grant from the prior year's grant) (see §300.205(a)). 
 
Prior Year's Allocation: $1,000,000
Current Year's Allocation: $2,000,000
Increase: $1,000,000
Maximum Available for MOE Reduction: $500,000
Maximum Available for CEIS: $300,000
 
If the LEA chooses to use no funds for MOE, it may set aside $300,000 for CEIS (CEIS
maximum $300,000 less $0 means $300,000 for CEIS).
If the LEA chooses to use $100,000 for MOE, it may set aside $200,000 for CEIS (CEIS
maximum $300,000 less $100,000 means $200,000 for CEIS).
If the LEA chooses to use $150,000 for MOE, it may set aside $150,000 for CEIS (CEIS
maximum $300,000 less $150,000 means $150,000 for CEIS).
If the LEA chooses to use $300,000 for MOE, it may not set aside anything for CEIS (CEIS
maximum $300,000 less $300,000 means $0 for CEIS).
If the LEA chooses to use $500,000 for MOE, it may not set aside anything for CEIS (CEIS
maximum $300,000 less $500,000 means $0 for CEIS).

Last Modified: 9/15/2014 1:48:21 PM