Special Education Data and Funding

Guidance on federal funding allocations and data collection requirements for students with disabilities.

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Note regarding EMIS NIEP code (May 3, 2016):
EMIS codes exist to help the Ohio Department of Education (ODE) monitor compliance with policies and procedures.  They are reporting requirements that reflect some of the required policies and procedures, but the absence of EMIS codes or elements does not negate procedural requirements of special education law.
Over the past few weeks, we have received several questions about the use of the NIEP code.  An analysis confirmed that in a substantial number of programs, NIEP codes have been submitted to EMIS and no additional reviews or revisions of the Individualized Education Programs (IEPs) have been reported.  This suggests large-scale misapplication or misunderstanding of this code.
The NIEP is an EMIS code indicating that a required review has not yet occurred, but services are being provided.  It was created to ensure that a student is counted in state special education funding calculations during the process of revising and reviewing an existing IEP. 
Part of the consideration for including a student in child count and thus being included in funding calculations has long been the existence of an active IEP.  Students sometimes transfer into a district bringing with them IEPs that are outdated or unacceptable.  Because districts are required to provide comparable services based on a previous IEP, this code acknowledges that services are being provided. 
The NIEP code should be reported with a beginning date that reflects the first date that services were provided.  Because the timeline requirements for review of previously existing IEPs are captured in the subsequent data codes “RIEP” and “TIEP,” it is unnecessary to add an end date to the NIEP code.  However, this does NOT mean that special education staff are permitted to delay or omit the required prompt reviews of IEPs. Districts and charter schools MUST STILL COMPLY with federal timelines in updating IEPs and will be found to be noncompliant if there is a pattern of annual IEP reviews being conducted late or new students not having timely IEP reviews. 

Note regarding child count data date change (9/4/14): 

The data used for the federal child count this year will be October 31. This is 30 days earlier than the previous snapshot date, and the October 31 date will align with other child counts required by state and federal law.

District reporting requirements for student data will not be affected by this change. The only data change will be the date that the Ohio Department of Education uses to extract the student data used for the count. IEPs that were due to be reviewed near the former December 1 reporting date will still be effective on October 31.


Last Modified: 5/5/2016 3:49:06 PM