Special Education Program Finance

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Special Education Program Finance

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1. Special Education Program Finance April 15, 2010 Opportunity to learn in small groups and personalize these presentations (5 going on) Purpose of this presentation is to assure a common message to achieve clarity and set a common courseOpportunity to learn in small groups and personalize these presentations (5 going on) Purpose of this presentation is to assure a common message to achieve clarity and set a common course

2. Office of Special Education & Early Intervention Services 2 Agenda Overview Maintenance of Fiscal Effort (MOE) IDEA 2004 – Update Fiscal Year 2009 – 2010 Process

3. Office of Special Education & Early Intervention Services 3 Maintenance of Fiscal Effort (MOE)

4. Office of Special Education & Early Intervention Services 4 What is Maintenance of Effort? Part B funds must not reduce State and local spending Supplement not supplant

5. Office of Special Education & Early Intervention Services 5 Who is affected? Every ISD, LEA and PSA that is allocated and directly expends IDEA funds (Part B) – Including Pre School Funds, for the provision of Special Education programs and services Any PSA or LEA that does not receive IDEA (Part B) funds is not affected For the money to flow, these need to happen: SEA Activities--- SECTION 611 (B) REQUIRED ACTIVITIES.--Funds reserved under subparagraph (A) shall be used to carry out the following activities: (i) For monitoring, enforcement, and complaint investigation. (ii) To establish and implement the mediation process required by section 615(e), including providing for the cost of mediators and support personnel. (C) AUTHORIZED ACTIVITIES.--Funds reserved under subparagraph (A) may be used to carry out the following activities: (i) For support and direct services, including technical assistance, personnel preparation, and professional development and training. (ii) To support paperwork reduction activities, including expanding the use of technology in the IEP process. (iii) To assist local educational agencies in providing positive behavioral interventions and supports and appropriate mental health services for children with disabilities. (iv) To improve the use of technology in the classroom by children with disabilities to enhance learning. (v) To support the use of technology, including technology with universal design principles and assistive technology devices, to maximize accessibility to the general education curriculum for children with disabilities. (vi) Development and implementation of transition programs, including coordination of services with agencies involved in supporting the transition of children with disabilities to postsecondary activities. (vii) To assist local educational agencies in meeting personnel shortages. (viii) To support capacity building activities and improve the delivery of services by local educational agencies to improve results for children with disabilities. (ix) Alternative programming for children with disabilities who have been expelled from school, and services for children with disabilities in correctional facilities, children enrolled in State-operated or State supported schools, and children with disabilities in charter schools. (x) To support the development and provision of appropriate accommodations for children with disabilities, or the development and provision of alternate assessments that are valid and reliable for assessing the performance of children with disabilities, in accordance with sections 1111(b) and 6111 of the Elementary and Secondary Education Act of 1965. (xi) To provide technical assistance to schools and local educational agencies, and direct services, including supplemental educational services as defined in 1116(e) of the Elementary and Secondary Education Act of 1965 to children with disabilities, in schools or local educational agencies identified for improvement under section 1116 of the Elementary and Secondary Education Act of 1965 on the sole basis of the assessment results of the disaggregated subgroup of children with disabilities, including providing professional development to special and regular education teachers, who teach children with disabilities, based on scientifically based research to improve educational instruction, in order to improve academic achievement to meet or exceed the objectives established by the State under section 1111(b)(2)(G) the Elementary and Secondary Education Act of 1965. SEA Plan --- SECTION 612 (a) IN GENERAL.--A State is eligible for assistance under this part for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the following conditions: (1) FREE APPROPRIATE PUBLIC EDUCATION.(2) FULL EDUCATIONAL OPPORTUNITY GOAL.(3) CHILD FIND.(4) INDIVIDUALIZED EDUCATION PROGRAM.(5) LEAST RESTRICTIVE ENVIRONMENT.(6) PROCEDURAL SAFEGUARDS.(7) EVALUATION.(8) CONFIDENTIALITY.(9) TRANSITION FROM PART C TO PRESCHOOL PROGRAMS.(10) CHILDREN IN PRIVATE SCHOOLS.(11) STATE EDUCATIONAL AGENCY RESPONSIBLE FOR GENERAL SUPERVISION.(12) OBLIGATIONS RELATED TO AND METHODS OF ENSURING SERVICES.(13) PROCEDURAL REQUIREMENTS RELATING TO LOCAL EDUCATIONAL AGENCY ELIGIBILITY.(14) PERSONNEL QUALIFICATIONS.(15) PERFORMANCE GOALS AND INDICATORS.(16) PARTICIPATION IN ASSESSMENTS.(17) SUPPLEMENTATION OF STATE, LOCAL, AND OTHER FEDERAL FUNDS.(18) MAINTENANCE OF STATE FINANCIAL SUPPORT(19) PUBLIC PARTICIPATION.20) RULE OF CONSTRUCTION.(21) STATE ADVISORY PANEL.(22) SUSPENSION AND EXPULSION RATES.(23) ACCESS TO INSTRUCTIONAL MATERIALS.(24) OVERIDENTIFICATION AND DISPROPORTIONALITY.(25) PROHIBITION ON MANDATORY MEDICATION.For the money to flow, these need to happen: SEA Activities--- SECTION 611 (B) REQUIRED ACTIVITIES.--Funds reserved under subparagraph (A) shall be used to carry out the following activities: (i) For monitoring, enforcement, and complaint investigation. (ii) To establish and implement the mediation process required by section 615(e), including providing for the cost of mediators and support personnel. (C) AUTHORIZED ACTIVITIES.--Funds reserved under subparagraph (A) may be used to carry out the following activities: (i) For support and direct services, including technical assistance, personnel preparation, and professional development and training. (ii) To support paperwork reduction activities, including expanding the use of technology in the IEP process. (iii) To assist local educational agencies in providing positive behavioral interventions and supports and appropriate mental health services for children with disabilities. (iv) To improve the use of technology in the classroom by children with disabilities to enhance learning. (v) To support the use of technology, including technology with universal design principles and assistive technology devices, to maximize accessibility to the general education curriculum for children with disabilities. (vi) Development and implementation of transition programs, including coordination of services with agencies involved in supporting the transition of children with disabilities to postsecondary activities. (vii) To assist local educational agencies in meeting personnel shortages. (viii) To support capacity building activities and improve the delivery of services by local educational agencies to improve results for children with disabilities. (ix) Alternative programming for children with disabilities who have been expelled from school, and services for children with disabilities in correctional facilities, children enrolled in State-operated or State supported schools, and children with disabilities in charter schools. (x) To support the development and provision of appropriate accommodations for children with disabilities, or the development and provision of alternate assessments that are valid and reliable for assessing the performance of children with disabilities, in accordance with sections 1111(b) and 6111 of the Elementary and Secondary Education Act of 1965. (xi) To provide technical assistance to schools and local educational agencies, and direct services, including supplemental educational services as defined in 1116(e) of the Elementary and Secondary Education Act of 1965 to children with disabilities, in schools or local educational agencies identified for improvement under section 1116 of the Elementary and Secondary Education Act of 1965 on the sole basis of the assessment results of the disaggregated subgroup of children with disabilities, including providing professional development to special and regular education teachers, who teach children with disabilities, based on scientifically based research to improve educational instruction, in order to improve academic achievement to meet or exceed the objectives established by the State under section 1111(b)(2)(G) the Elementary and Secondary Education Act of 1965. SEA Plan --- SECTION 612 (a) IN GENERAL.--A State is eligible for assistance under this part for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the following conditions: (1) FREE APPROPRIATE PUBLIC EDUCATION.(2) FULL EDUCATIONAL OPPORTUNITY GOAL.(3) CHILD FIND.(4) INDIVIDUALIZED EDUCATION PROGRAM.(5) LEAST RESTRICTIVE ENVIRONMENT.(6) PROCEDURAL SAFEGUARDS.(7) EVALUATION.(8) CONFIDENTIALITY.(9) TRANSITION FROM PART C TO PRESCHOOL PROGRAMS.(10) CHILDREN IN PRIVATE SCHOOLS.(11) STATE EDUCATIONAL AGENCY RESPONSIBLE FOR GENERAL SUPERVISION.(12) OBLIGATIONS RELATED TO AND METHODS OF ENSURING SERVICES.(13) PROCEDURAL REQUIREMENTS RELATING TO LOCAL EDUCATIONAL AGENCY ELIGIBILITY.(14) PERSONNEL QUALIFICATIONS.(15) PERFORMANCE GOALS AND INDICATORS.(16) PARTICIPATION IN ASSESSMENTS.(17) SUPPLEMENTATION OF STATE, LOCAL, AND OTHER FEDERAL FUNDS.(18) MAINTENANCE OF STATE FINANCIAL SUPPORT(19) PUBLIC PARTICIPATION.20) RULE OF CONSTRUCTION.(21) STATE ADVISORY PANEL.(22) SUSPENSION AND EXPULSION RATES.(23) ACCESS TO INSTRUCTIONAL MATERIALS.(24) OVERIDENTIFICATION AND DISPROPORTIONALITY.(25) PROHIBITION ON MANDATORY MEDICATION.

6. Office of Special Education & Early Intervention Services 6 Determination of MOE Calculate effort on a total cost basis Calculate effort on a per capita basis (head count or FTE) – Birth to 26 50% Flexibility under §300.205 Exceptions under §300.204 Early Intervening Services under §300.226

7. Office of Special Education & Early Intervention Services 7 Components of MOE IDEA Part B Flowthrough Allocation New allocation, not expenditures ISDs net of transfers to LEAs & PSAs Special Education Actual Cost Report SE 4096 Section 52 & 53 amounts Include MSD tuition Exclude Indirect, Bd of Ed, Capital Outlay, Other O&M, etc.

8. Office of Special Education & Early Intervention Services 8 Components of MOE Transportation Expenditure Report – SE 4094 Section 52 & 53 amounts excluding amortization Other Special Education Costs Other SE expenditures that are not reportable on the SE 4096

9. Office of Special Education & Early Intervention Services 9 Components of MOE December 1 Head Count – use Dec 1, 2009 for Fiscal 2009-10 September 1 FTE Count – use Sept 1, 2009 for Fiscal 2009-010 (Special Education only)

10. Office of Special Education & Early Intervention Services 10 Maintenance of Effort Worksheet Requires data input into up to 13 fields Automatically calculates optimum amount before exceptions to document Maintenance of Effort Illustrates all possible calculations Page for Input of Exceptions to MOE Posted to the MDE Website for use as a planning tool

11. Office of Special Education & Early Intervention Services 11 MOE Electronic Worksheet Michigan.gov/MDE Click “Offices” Click “Special Education Early Intervention Services” Click “Finance Management” (Program Finance)

12. Office of Special Education & Early Intervention Services 12 Exceptions to Maintenance of Effort

13. Office of Special Education & Early Intervention Services 13 §300.204 Exceptions to MOE Voluntary departure of personnel, by retirement or otherwise, or departure for just cause Decrease in the enrollment of children with disabilities Termination of an exceptionally costly program or service to a particular child with a disability Termination of costly expenditures for long-term purchases Assumption of cost by the high cost fund operated by the SEA – N/A

14. Office of Special Education & Early Intervention Services 14 MOE 50% Flexibility LEAs may reduce their local, or state and local, expenditures otherwise required by the LEA MOE requirements by up to 50% of their increased allocation (§611 only) over the previous year The LEA must spend the “freed up” local or, state and local, funds on activities that are authorized under ESEA/NCLB

15. Office of Special Education & Early Intervention Services 15 MOE 50% Rule Calculation

16. Office of Special Education & Early Intervention Services 16 Coordinated Early Intervening Services (CEIS) LEAs may spend up to 15% of their Part B, Section 611 and 619 current year allocation for CEIS This is calculated from the total current year allocations (§611 and §619) as opposed to any increase in allocation May fund CEIS activities by using only §611 funds, only §619 funds, or a combination of both

17. Office of Special Education & Early Intervention Services 17 Special Education Flowthrough: Early Intervening Calculation

18. Office of Special Education & Early Intervention Services 18 Interaction Between Maintenance of Effort (50% Flexibility) and Coordinated Early Intervening Services (CEIS)

19. Office of Special Education & Early Intervention Services 19

20. Office of Special Education & Early Intervention Services 20 The effect of the combination of the coordinated early intervening services language and maintenance of effort 50% flexibility is that the election of one reduces dollar for dollar the availability of the other. The detailsThe details

21. Office of Special Education & Early Intervention Services 21 Interaction Between MOE and CEIS Example 1

22. Office of Special Education & Early Intervention Services 22 Interaction Between MOE and EIS Example 1 cont. LEA sets aside for CEIS $ 165,000 Max MOE 50% Rule $ 50,000 50% Rule that can be used $ 0 LEA Sets aside for CEIS $ 30,000 Max MOE 50% Rule $ 50,000 50% Rule that can be used $ 20,000

23. Office of Special Education & Early Intervention Services 23 Interaction Between MOE and CEIS Example 2 Prior Year Allocation (§611) $ 1,000,000 Current Year Allocation (§611) $ 2,000,000 Current Year Allocation (§619) $ 200,000 Increase (§611 only) $ 1,000,000 Max Available for MOE $ 500,000 Reduction (50% flexibility) Max Available for CEIS (15%) $ 330,000

24. Office of Special Education & Early Intervention Services 24 Interaction Between MOE and CEIS Example 2 cont. LEA Use of MOE 50% flexibility $ 0 Max EIS to Set aside $ 330,000 CEIS that can be used $ 330,000 LEA Use of MOE 50% flexibility $ 100,000 CEIS that can be used $ 230,000 LEA Use of MOE 50% flexibility $ 330,000 CEIS that can be used $ 0

25. Office of Special Education & Early Intervention Services 25 Free Appropriate Public Education LEAs must establish and maintain programs that provide Free Appropriate Public Education (FAPE) LEAs not maintaining FAPE will not be able to reduce MOE under the 50% flexibility

26. Office of Special Education & Early Intervention Services 26 IDEA 2004

27. Office of Special Education & Early Intervention Services 27 Significant Disproportionality States must determine if LEAs identification of children with disabilities shows significant disproportionality based on race and ethnicity LEAs found with significant disproportionality must reserve the maximum amount of IDEA funds (15% of §611 and §619 funds) received under §613(f) to provide coordinated early intervening services

28. Office of Special Education & Early Intervention Services 28 IDEA 2004

29. Office of Special Education & Early Intervention Services 29 State Enforcement LEAs must meet State requirements and the State’s performance plan (SPP) LEAs that don’t will not be able to reduce MOE under the 50% flexibility

30. Office of Special Education & Early Intervention Services 30 IDEA 2004

31. Office of Special Education & Early Intervention Services 31 IDEA 2004

32. Office of Special Education & Early Intervention Services 32 MOE Process Fiscal Year 2009 - 10 MDE OSE/EIS will import reported information SE 4096 and 4094 Dec 1 and Sept 1 FTE counts Special Education Allocation (§611) - regular and ARRA Preschool Allocation (§619) – regular and ARRA Coordinated Early Intervening Services Spreadsheet will make all calculations

33. Office of Special Education & Early Intervention Services 33 MOE Process Fiscal Year 2009 - 10 Districts that Maintained Effort Will be notified in writing that they passed Will receive a copy of their calculations for their records This information should be reviewed for accuracy All concerns should be reported to MDE

34. Office of Special Education & Early Intervention Services 34 MOE Process Fiscal Year 2009 - 10 Districts that did not Maintain Effort Will be notified in writing that more information is needed Will receive a copy of their calculations Technical assistance with exceptions to MOE will be coordinated through each ISD

35. Office of Special Education & Early Intervention Services 35 MOE Process Fiscal Year 2009 - 10 Shortfall after exceptions ISD will be contacted for payment from local funds, the lesser of The shortfall amount The total allocation LEA must repay that amount to the ISD The ISD or LEA/PSA has a right to appeal

36. Office of Special Education & Early Intervention Services 36 Maintenance of Effort Questions?

37. Office of Special Education & Early Intervention Services 37 Contact Information John Andrejack (517) 241-1235 [email protected] Deb Nowlen (517) 241-1723 [email protected]

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