IDEA 2004 Program Requirements and Funding Eligibility

Office of Special Programs

April 13, 2011

What do you know?

IDEA Entitlement Funding

Section 611(school age) and 619 (preschool) To provide students with disabilities aged 3-21, including students who have been suspended or expelled from school, a free appropriate public education, which includes special education and related services, to meet their unique educational needs and to meet other requirements under the act.

FAPE must include special education and related services designed to meet a student’s unique needs and prepare him or her for further education, employment, and independent living.

PROGRAM OBJECTIVES

IDEA 2004 Special Education Section 611, Part B Preschool Students 3-21 School Age Section 619, Students 3-5 Preschool CFDA: 84.027

CFDA: 84.127

1) children with disabilities have available to them a free appropriate education (FAPE) 2) protect rights 3) assist agencies, districts with the education of students with disabilities (SWDs) 4) assess and ensure effectiveness of efforts to educate children with disabilities

LOGISTICS – Flow Through

     

October – Public School Enrollment Count and Low SES Count completed Previous May – Requested Private School Enrollment Count March/April – Allocations received from OSEP March 31 - Out-of-state DHHR student count completed March/April - State and federal allocations released Instructions for completion of on-line plan and funding amounts for the upcoming year are distributed to LEAs

LOGISTICS – Flow Through

    

April-

LEAs complete District Self-Assessment as part of needs assessment for strategic plans/LEA application 

April/May

– LEA Budget Completed include LEA state/local expenditures for MOE

May 1 – Online plan rolls over to next fiscal year June 1-

LEA online plans due to OSP for review.

June-July - Submitted applications are reviewed & upon approval grants are issued.

NOTE: SEA receives federal awards in July and October. LEA may obligate up to 25% of total award prior to October 1.

LEA Entitlement “Flow Through” Entitlement Amount = Base + Population + Poverty



Base Allocation (students with disabilities 1998/1996)



Population/Poverty Amount = Entitlement – Base



Population Amount = 85% [Entitlement – Base] (allocated to LEAs based on most recent public and private school enrollment – all students )



Poverty Amount =15% [Entitlement – Base] (allocated to LEAs based on most recent count of “low SES” students eligible for free/reduced lunch)

Example

Total Entitlement = $61,649,797 Base $22,891, 709 Population 85% [$61,649,797 - $22,891,709 ] = $32,944.375

Poverty 15% [$61,649,797 - $22,891,709 ] = $5,813,713

Flow Thru 90%

FUNDING ALLOCATIONS

Allocations High Cost Fund 1% Set Aside 9%

High Cost Fund Set Aside Flow Thru

USE OF FUNDS

• • • • • • Allowable Cost RTI and Coordinated Early Intervening Services High cost fund Excess Cost Maintenance of Effort Private Schools

IDEA Part B and OMB Circular A-87 OSEP Clarifications

OMB Circular A-87 IDEA Part B and OMB Circular A-87

U.S. Dept. of Ed Requirements

• • • EDGAR – Education Department General Administrative Regulations – Gives authority to OMB circulars General Education Provisions Act - GEPA Office of Management and Budget (OMB) – OMB Circular A-133 – Single Audit – Compliance Supplement Part 4 – OMB Circular A-87

Allowable Cost

• • •

§ 300.202 Use of amounts.

Must be expended in accordance with the applicable provisions of this part.

Must be used only to pay the excess costs of providing special education and related services to children with disabilities.

Must be used to supplement State, local, and other Federal funds and not to supplant those funds.

IDEA Permissive Use of Funds

• • • • • • §300.208

(1) Services and aids that also benefit

nondisabled children.

(2) Coordinated Early intervening services

High cost special education/ related services.

(b) Administrative case management. – Purchase appropriate technology for recordkeeping, data collection, and related case management activities

Basic Guidelines of Cost Principles

•

All costs must be:

o

Necessary

o

Reasonable

o

Allocable

15

• • • • •

Helpful Questions to Ask to Determine if a Cost is Allowable

Is the proposed cost consistent with federal cost principles?

Is the proposed cost allowable under the relevant program?

Is the proposed cost consistent with an approved program plan and budget?

Is the proposed cost consistent with program specific fiscal rules?

Is the proposed cost consistent with EDGAR?

16

OMB Circular A-87 Allowable Costs

 Establishes principles and standards for determining allowable costs  You have to read A-87 in conjunction with the IDEA to understand how it applies  To the degree there is any conflict, IDEA requirements take precedence 17

Do I need to spend these funds to meet the purposes and needs of the program?

 Costs must be necessary and reasonable for proper and efficient performance  Costs are necessary and reasonable if, in nature and amount, they do not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost 18

Basic Guidelines: Reasonable

• Practical aspects of “reasonable” – Is the expense targeted to a valid programmatic or administrative consideration?

– Do I have the capacity to use what I am purchasing?

– Did I pay a fair rate? Can I prove it?

– Would I be comfortable defending this purchase?

19

Basic Guidelines: Allocable

• Practical aspects of “allocable” – Can I prove the program benefited?

– Can I prove other programs are not benefiting?

•

Ensuring only authorized use

•

Incidental benefit

20

Basic Guidelines: Allocable

• • Can only charge in proportion to the value received by the program Example: LEA purchases a computer to use 50% in federal program and 50% in a state program – Can only charge half of the cost to the federal program 21

OMB Circular A-87 Allowable Costs

 Appendix B of A-87 lists 43 selected items of cost – examples 

Alcoholic beverages are unallowable



Conference/meeting costs are allowable if primary purpose is dissemination of technical information (meals, transportation, rental of facilities, speakers’ fees, etc.) but see Appendix B, item 14 regarding Entertainment Costs



Costs of professional organizations and subscriptions are allowable



Memberships in civic, community or social organizations are allowable with the approval of the Federal awarding agency



Costs of membership in organizations whose primary purpose is lobbying are unallowable

22

Selected Items of Cost

(examples) • Advertising & Public Relations Costs • Generally not allowable, except as specified in OMB Circular A-87, Attachment B • Entertainment • Amusement, field trip or social activities (tickets to shows or sporting events, meals, lodging, etc.) are generally not allowable 23

Selected Items of Cost

(examples) • • • Salaries and Wages • Allowable if proper time distribution records Travel Costs • Transportation, lodging, subsistence, and related items, when traveling on business are allowable with certain restrictions Training • Training for employee development is allowable; for IDEA, professional development for special education personnel or for general education teachers regarding how to teach students with disabilities 24

NCRTI/OSEP Clarification

• IDEA Part B specific examples of use of funds: – FAPE – Special education teachers and administrators – Related services providers – Materials and supplies for students with disabilities – Professional development for special education personnel or to assist general education personnel in teaching special education students

NCRTI/OSEP Clarification

• • Specialized equipment or devices to assist children with disabilities Two exceptions: – Title I/IDEA schoolwide programs – Coordinated early intervening services for students without disabilities needing academic or behavioral support to succeed in general education

Coordinated Early Intervening Services

Purpose from Congressional Committee Report:

…and early intervening services to reduce the need to label children as disabled in order to address the learning and behavioral needs of such children

U.S. Department of Education Office of Special Education Programs Building the Legacy 2004 27

CEIS

With an approved plan, the LEA may (or in some cases is required to) use up to 15% of IDEA funds for: – Professional development – Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction – Providing educational and behavioral evaluations, services, and supports including scientifically based literacy instruction U.S. Department of Education Office of Special Education Programs Building the Legacy 2004 28

A Conceptual Framework for RTI High Need Increasingly Intensive Instructional Interventions

Core Instruction

Low Need

Students may receive services in all areas of the pyramid at any one point in time 29

RTI and CEIS

• • • • CEIS (and IDEA) funds may not be used for Tier 1 CEIS (and IDEA) funds may not be used for universal screening CEIS funds may be used for Tier 2 and Tier 3, but special education students should not be included CEIS may be used for RTI training

CEIS and Supplement Not Supplant

• • CEIS funds may be used to supplement but not to supplant services provided with funds available under the ESEA (e.g. after school tutoring, school improvement activities) Violations include: –

Funding services otherwise required by state, federal or local law

–

Funding services paid in prior year, e.g. previously paid by Title I

•

This may be rebutted if the services would not have been funded from other sources if CEIS were not available

Progress Monitoring

• • Progress monitoring is a scientifically based practice that is used to assess students’ academic performance and evaluate the effectiveness of instruction and instructional interventions. Generally, Title I, Title III, and CEIS funds may be used to fund progress monitoring (but not universal screening) III, or CEIS funds.

if the progress monitoring is used to determine the response to an intervention that is supportable with Title I, Title 32

RTI and IDEA Funding (not CEIS)

•

A special education teacher fully funded by IDEA (non-CEIS) funds who is providing special education to students with disabilities may include one or more “at-risk” students in this group.

–

E.g. – if a replacement reading program, such as Wilson, is being taught to special education students in a pull-out period, Tier 3 RTI students could participate for a limited period of time, provided this arrangement does not exceed the Policy 2419 per period caseload and does not displace any special education student from IEP services

• •

RTI and IDEA Funding (not CEIS)

The special education teacher or related services personnel fully-funded by IDEA cannot be scheduled to provide special education services part of the day and other duties (e.g., interventions for students without disabilities) during another part of the day.

IDEA funds may not be used for universal screening (conducted for all students) for RTI

HIGH COST/HIGH ACUITY FUNDS

•

High Cost Fund

For the purpose of assisting districts in addressing the needs of high need students with disabilities, each State has the option to reserve for each fiscal year 10% of the amount it reserves for State-level activities.

Each State must:  develop and make available a high cost plan   consult with districts develop a funding mechanism and schedule for fund distribution WV includes state high acuity funds in this plan Division of Instructional & Student Services 36

High Cost Fund

• •

Stakeholder involvement Definition: Individual application for an eligible SWD who:



is 3-21 years of age



has a current IEP



lives within the LEA requesting funds or receives special education and related services within the LEA



cost is equal to or greater than $45,000 per year

37

IDEA 2004

EXCESS COST

Excess Cost

The excess cost requirement prevents an LEA from using funds provided under Part B of the Act to pay for all of the costs directly attributable to the education of a child with a disability, subject to paragraph (b)(1)(ii) of this section.

• Excess costs are those costs for the education of an elementary school or secondary school student with a disability that are in excess of the average annual per student expenditure in an LEA during the preceding school year for an elementary or secondary student.

Excess Cost – Elementary vs. Secondary

• • Section 602(8) of the Act and §300.16 require the LEA to compute the minimum average amount separately for children with disabilities in its elementary schools and for children with disabilities in secondary schools. The formula for these calculations are provided in 34 CFR, Appendix A to Part 300.

The form and calculations to meet this requirement are in Section VIII of the LEAs on-line strategic plan.

Excess Cost – Elementary vs. Secondary

Data on the form is primarily self-filling and calculating and is pulled from the LEA’s general ledger information stored in WVEIS.

To calculate the amounts required for elementary vs. secondary, as required by law, total expenditures for the provision of special education services are pro-rated and entered in the form from a table that was developed in conjunction with the Office of Technology and the Office of School Finance.

Excess Cost – Elementary vs. Secondary

• • • • This table was established based upon the following premises: Sums the salary expense of teachers by location within the general ledger. – Pre-kindergarten through grade six was defined as elementary – Grades seven through 12 were defined as secondary. Using the above definitions to segregate total salary expense, a prorated percentage to total expenses was assigned to each elementary and secondary.

The total expense pulled from WVEIS in each of the fund categories was then multiplied by the resulting factor which provides the amounts to be used in each of the calculations for elementary or secondary results.

The child counts used in the calculations were divided based on the assumption of ages 3-12 as elementary and 13-21 as secondary.

IDEA 2004

MAINTENANCE OF EFFORT

IDEA’s MOE Requirements

• SEA – IDEA prohibits a state from reducing state financial support for special education below the amount of that support for the preceding fiscal year. (34 CFR §300.163) • LEAs – IDEA requires that LEAs must budget the same amount of local funding for special education as it expended in the previous fiscal year. (34 CFR §300.203)

MOE – Two Comparisons

• Eligibility – Determining whether an LEA is “eligible” to receive the IDEA Part B Funds – Budget to Actual Expenditure Comparison – Estimate based on most recent year reviewed in June 1 submission – Reviewed and revised after year is closed • Compliance – Determine if the LEA met the requirements of IDEA’s maintenance of effort – Actual to Actual Expenditure Comparison

• •

SO IMPORTANT TO UNDERSTAND

This is the eligibility test based on expenditures pulled from the WVEIS financial management system from the most recent

REPAYMENT

COMPLIANCE is met through actual to actual expenditure comparison. If compliance is not met, the LEA must pay back the difference in non-federal funds.

Part B LEA MOE Requirement: Supplement/Not Supplant Funds under Part B must be used to supplement State, local and other Federal funds and not to supplant them See 34 CFR §300.202(a)(3) If an LEA maintains its fiscal effort, it will only be using Part B funds to supplement local, or State and local, funds, and not to supplant them IDEA does not require a “particular cost” test – This is contrary to Title I and confusing to many WV LEAs

Four Tests to Meet MOE

• An LEA needs to only meet ONE of the following comparison tests: 1)Local & State expenditures in total for SWD 2)Local Only expenditures for SWD 3)The per student capita amount of Local & State expenditures for SWD 4)The per student capita amount of Local Only expenditures for SWD

Medicaid and MOE

§ 300.154 .(g)(2) Methods of ensuring services

If a public agency spends reimbursements from Federal funds (e.g., Medicaid) for services under this part, those funds will not be considered ‘‘State or local’’ funds for purposes of the maintenance of effort provisions Medicaid revenues and expenditures must be specifically coded in WVEIS accounting

• • • •

Other Post Employment Benefits – OPEB

Beginning with FY10, LEAs are required to account for future post employment benefits for employees Expenditures are recorded; should be attributed to 2xxxx as applicable When OPEB expenditures are recorded, they are pulled when WVDE calculates MOE Procedures for recording expenditures must be consistent year to year to avoid complications with MOE calculation

IDEA 2004

PRIVATE SCHOOLS

Private Schools

• • • The LEA is responsible for child find and services to children with disabilities enrolled by their parents in private schools within the school district Amount to be expended by the LEA for the provision of those services shall be equal to a proportionate amount of Federal funds made available under this part.

In calculating the proportionate amount, the LEA shall consult with the private schools and conduct a thorough and complete child find process.

Preschools

And what about “parentally placed” preschoolers ?

Children aged 3-5 are considered to be parentally-placed private school children with disabilities enrolled by their parents in private, including religious, elementary schools, if they are enrolled in a private school that meets the definition of elementary school in 34 CFR §300.13

34 CFR §300.133(a)(2)(ii) 53

Consultation

What must the consultation process involve?

     Child find process Determining the proportionate share of IDEA funds available Determining the consultation process to be used How, where, and by whom services will be provided Disagreement process for LEA 55

Child Find Requirements

• • If private schools are located within the district, conduct child find for children in private schools. Records must be maintained on: 1) the number of children evaluated; 2) the number found eligible as part of child find, and 3) the number of children served.

Expenditures

Number of eligible children with disabilities

$152,500

320 In public schools 300 In private schools + 20 320 Federal Part B Flow-Through $$ LEA receives

$152,500

$476.57 a student x 20 students $9,531.25 for proportionate share 57

Expenditures/ Proportionate Share

• • • • State and local funds may supplement but not supplant federal funds for this population 34 CFR §300.133(d) Cost of child find may not be considered in proportionate share obligation 34 CFR §300.131(d) Amount is calculated within the Five-Year Online Strategic Plan when district enters child count numbers Budget and services are included in plan; funds coded in WVEIS under program/function code 51510 58

Use of Carry-Over Funds

• If the LEA has not spent all the funds within the initial year of the grant award, it must obligate those funds for special education and related services for students parentally placed in private school during the one-year carry-over period • If all requirements are met, and funds remain at the end of the carry-over period, the LEA may request approval to transfer the funds to other allowable expenditures under IDEA

• • • • • • •

Budget Revision Request for Private School Expiring Funds Includes:

A list of private schools within the district; A brief description of the child find process, The district’s count on December 1, 2008 and December 1, 2009 of: 1) private school students evaluated, 2) students found eligible and 3) students receiving services through a Services Plan; Copies of the completed and signed Documentation of Consultation forms for the 2009-2010 and 2010-2011 Documentation of attempts to consult with private schools that have not signed the affirmation, if any; A brief explanation of reasons why the funds could not be expended; and Budget revision request forms and journal entry

Questions

OSP Fiscal Resources Web Page http://wvde.state.wv.us/osp/FY11StrategicPlan.html

Sandra McQuain, Ed. D. Office of Special Programs (304) 558-2696 [email protected]

Janice Hay Office of Internal Operations (304) 957-9833, ext. 53423 [email protected]

Significant Disproportionality and CEIS

Special Education Directors’ Meeting September 2010 and April 2011

Dr. Lanai Jennings Coordinator, Office of Special Programs

What is Significant Disproportionality

States must annually collect and examine data to determine if Significant Disproportionality is occurring based on race or ethnicity.

Authority: Section 618(d) of the IDEA and the implementing regulations in 34 CFR § 300.646

What is Significant Disproportionality

Data analyses by race/ethnicity must include the following:  identification of children as children with disabilities;  identification of children as children with a particular disability;  placement of children with disabilities in particular educational settings; and  the incidence, duration, and type of disciplinary actions, including suspensions and expulsions.

What is Significant Disproportionality

Statistical results stand alone  A review to determine whether the significant disproportionality is the result of inappropriate identification is not applicable SEA must require any LEA identified as having significant disproportionality in any of the four above-mentioned analysis categories to reserve the maximum amount of funds for comprehensive Coordinated Early Intervening Services (CEIS).

 15% of IDEA funds

Defining “Significant Disproportionality”

States have the authority to define for LEAs State determines criteria for what level of disproportionality is significant

How does WV define Significant Disproportionality

1. Cell size = 20 2. Relative Risk Ratios (RRR) must be greater than or equal to 3.0

3. Placement and identification are examined 4. Discipline: type, duration, and incidence 5. Consecutive year provision

Additional OSP Business Rules

• • No rounding occurs for the resultant RRR. – a RRR of 2.9999 does not trigger consequences for the district When fewer than 20 students in a single minority group are identified as having a disability, placement in an LRE, or assigned OSS, ISS, or total removals, the RRR is not required to be calculated – However, OSP may choose to do so to report to districts for tracking purposes.

SIGNIFICANT DISPROPORTIONALITY IS NOT SPP/APR INDICATORS 4B, 9, OR 10

Side-by-Side Comparison

Significant Disproportionality

Relative Risk Ratio calculation is used for ISS, OSS, and total removals and must equal or exceed 3.0

Indicator 4B

Relative difference calculation addresses long term OSS only More than just an examination of numerical information is necessary.

Significant disproportionality triggered by just a numerical examination of data

Use monitoring data, review of policies, procedures, and practices etc. to determine if significant discrepancy results from inappropriate identification

Two consecutive years of data are considered One year of data is considered 15% set aside is required Fiscal set aside is not required

Side-by-Side Comparison

Significant Disproportionality

Data source and RRR calculation is the same for Indicators 9 and 10

However, RRR Criterion is higher = 3.0

Indicators 9 and 10

RRR Criterion = 2.0

Includes an additional test of statistical significance criterion Significant disproportionality triggered by just a numerical examination of data More than just an examination of numerical information is necessary

Use monitoring data, review of policies, procedures, and practices etc. to determine if significant discrepancy results from inappropriate identification

Two consecutive years of data are considered 15% set aside is required Considers only disproportionality of minority categories RRR of 3.0 or higher are not considered for white subgroup One year of data is considered Fiscal set aside is not required White subgroup is included Analysis based on just overidentification All SWDs and six categories are included Analysis includes both over- and under-identification of the All SWDs and six categories are included

Has Significant Disproportionality been identified in your district?

OSP Significant Disproportionality and CEIS Resources http://wvde.state.wv.us/osp/SignificantDisproportionality-CEIS.html

What happens when significant disproportionality is identified?

For Determinations of Significant Disproportionality

States must:

Require LEAs to use 15% of Part B funds for Coordinated Early Intervening Services (CEIS)

…particularly, but not exclusively, for children in those groups significantly over identified.

For D eterminations of Significant Disproportionality

LEA must:

Publicly report on the revision of policies, practices, and procedures

What are Coordinated Early Intervening Services (CEIS)?

http://wvde.state.wv.us/osp/CEIS_Memo 08-09.pdf

CEIS

• • • • Services provided through IDEA funding for at-risk students who do

not receive special education services

K-12 only Direct academic or behavioral interventions Professional development

Mandatory or Voluntary CEIS

• • • • Mandatory Use of CEIS: LEA is identified with Significant Disproportionality by race/ethnicity in LRE, identification or discipline LEA must reserve the maximum amount (i.e., 15% IDEA funds) Funds are used to address the Significant Disproportionality No option to reallocate funds • • • • Voluntary Use of CEIS: LEA opts to set aside IDEA funds for the provision of services to students without disabilities (SWODs) LEA may use up to the maximum amount Funds address district determined need LEA may also reallocate any unspent funds while funds are available for obligation

How does a district set aside CEIS funds?

CEIS funds must be specified in a district’s special education plan and proposed budget.

Go to: Compliances/ LEA Special Education / LEA Early Intervening

Coordinated Early Intervening Services Narrative

• Need for program • Entrance criteria • Description of services and targeted grades, subjects, etc.

• Method of monitoring progress • Exit criteria • How funds will be spent

Related Areas on Plan

1) LEA Allocation Screen CEIS set aside should be updated 2) CEIS portion of budget should reflect services to students without disabilities and be aligned with CEIS narrative – 5 digit program function code should begin with 1 3) When applicable, professional development plan and goals / objectives / actions should also align.

Reporting Requirements

CEIS is a new 618 report Two required reporting mechanisms: 1.

  LEA Application CEIS program description Total number of students who received CEIS during the school year  Total number of students who received CEIS in prior school years and who later qualified for special education and/or related services 2.

WVEISweb Intervention Screens   Identifies students by WVEIS number Specify only students who received CEIS during the prior school year

Special Education Plan Report

Required at the time of LEA application submission

WVEISweb tracking

Click Yes here (Default setting is No) Required by June 15 each school year after CEIS are provided

Why is Significant Disproportionality Important?

Minority students • • • More likely to be assigned to segregated classrooms or placements More likely to be assigned long term suspensions Have limited access to inclusive and general educational environments • • • Experience higher dropout rates and low academic performance Often exposed to substandard and less rigorous curricula May be missclassified or inappropriately labeled

Why is Significant Disproportionality Important?

Minority students • • May receive services that do not meet their needs; and Are less likely than their white counterparts to return to general education classrooms.

Why is Significant Disproportionality Important?

Minority students • Are more likely to become dropouts or receive a certificate of attendance and/or experience – High unemployment rates – Lack of preparation for the workforce – Difficulty in gaining access to postsecondary education

Other factors that may contribute to Significant Disproportionality:

• • • • • Language Intrinsic deficits

Child poverty & associated risk factors

Assumptions about intelligence Wait-to-fail model Research to practice gap

Federal Program Requirements

Office of Special Programs April 13, 2011

AGENDA

• Federal Grants Management – Federal Programs Compliance – OMB Circulars and EDGAR – Audits – Time and Effort – Obligation and Liquidation – Inventory Management

• • • • •

FEDERAL PROGRAMS COMPLIANCE

Common federal grants management rules apply to all federal education funds – GEPA (General Education Provisions Act) – EDGAR (Education Department General Administrative Regulations) – OMB Circulars (Primarily A-133 and A-87) Specific program (e.g. IDEA) rules apply District and state financial procedures apply – Policy 8200-Purchasing – Capital Assets Manual (inventory) – Chart of Accounts (budget codes) Federal and state monitoring may review compliance with all of the above Special attention paid to procedures used when ARRA funds are involved

Education Department General Administrative Regulations (EDGAR) Contains specific rules governing systems: – Financial Management » § 80.20

» § 74.21

– Procurement » § 80.36

» § 74.40-74.48

– Inventory » § 80.32

» § 74.34

Gives authority to OMB circulars 92

OMB Circular A-133

• • • What is it?

Who uses it?

Why is it important? Auditors use it to determine which programs they audit

Single Audit Act and A-133

 Requires annual audit  Type A programs ($500,000)  At-risk Type B programs ($100,000)  Completed audit reports to Federal Audit Clearinghouse which distributes to Federal agencies  Agencies have 6 months from issue date of report to resolve audit findings 94

What do auditors look at?

• • Depends on the program This is covered in the A-133 compliance supplement – Matrix of Compliance Requirements

Types of Compliance Requirements CFDA A.

Activities Allowed or Unallowed B.

Allowable Costs/Cost Principles C.

Cash Managemen t

66 – Environmental Protection Agency (EPA) 66.458

Y Y Y 66.468

Y Y Y 81 – Department of Energy (DOE) 81.042

Y Y Y

D.

Davis Bacon Act

84 – Department of Education (ED) 84.002

84.010

Y Y Y Y Y Y Y Y Y 84.011

84.027

84.173

84.032-G Y Y Y Y

E.

Eligibility F.

Equipmen t and Real Property Managem ent G.

Matching, Level of Effort, Earmarking H.

Period of Availability of Federal Funds I.

Procurement and Suspension and Debarment J.

Program Income K.

Real Property Acquisition/ Relocation Assistance L.

Reporting M.

Subrecipient Monitoring N.

Special Tests And Provisions

Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 84.032-L Y Y Y Y 84.041

84.042

84.044

84.047

84.066

84.217

Y Y Y Y Y Y 84.048

84.126

84.181

84.186

84.282

Y Y Y Y Y

Y

Y Y Y Y Y

Y

Y Y Y Y Y

Y

Y Y Y Y

Y

Y Y Y Y Y

Y

Y Y Y Y Y

Y

Y Y Y Y Y

Y

Y Y Y Y Y

Y

Y Y Y Y Y Y Y Y

Y

Y Y

Y

Y Y

OMB A-133 Compliance Requirements



IDEA-Related Requirements A. Activities Allowed or Unallowed B.

Allowable Costs/Cost Principles C.

D.

E.

Cash Management

Davis-Bacon Act (Not Applicable) Eligibility (Not Applicable)

F.

I.

Equipment and Real Property Management G. Matching, Level of Effort, Earmarking H. Period of Availability of Federal Funds Procurement and Suspension and Debarment

J.

K.

Program Income (Not Applicable) Real Property Acquisition/Relocation Assistance (Not Applicable)

L.

Reporting M. Subrecipient Monitoring N. Special Tests and Provisions

97

Federal Grants Management and Compliance Considerations • • • • Time and Effort Timely Obligation and Liquidation/Cash Management Inventory Management Budget Transfers

TIME AND EFFORT

(A Common Audit Finding) •

Largest expenditure category in special education budgets : Personnel

Audit Standard: Must be able to document amount of time under each grant – Policies/procedures to determine percentages of time devoted to individual Federal programs and awards – Time and effort certification or personnel activity report (PAR) 99

•

Time and Effort

If federal funds are used for salaries “time distribution records” must be kept • Must demonstrate that employees paid with federal funds actually worked on the specific federal program • Type of documentation depends on the number of “cost objectives” the employee worked on • These cost objectives must be connected to the employee’s salary source

•

Time and Effort

What is a cost objective?

– A specific grant award, or other category of costs, that requires the grantee to track specific cost information • If an employee works on a single cost objective: – Semi-Annual Certification – Signed by employee and supervisor every six months – Example: “I hereby certify that for the period January 1, 2011 through June 30, 2011 one-hundred percent (100%) of my time and effort was spent on IDEA, Part B Administration.”

Time and Effort

• If an employee works on multiple cost objectives then a Personnel Activity Report (PAR) must be maintained: – – – After-the-fact-record Completed at least monthly Must include total activity for which the employee is compensated – Signed and dated by employee (supervisor may also sign)

Time and Effort

• Quarterly comparisons of actual costs to budgeted distributions – If a variance of 10% or greater exists • • Adjust expenditures to reflect costs of the actual time reported.

In order to minimize future differences, adjust estimated distributions for future payrolls to activity performed in the previous quarter. This should help minimize the difference in actual wages paid to time recorded.

– If difference is less than 10%, may make adjustment annually.

•

OBLIGATION AND LIQUIDATION

Definitions

Obligation – EDGAR §76.707

If the obligation is for--

(a) Acquisition of real or personal property (b) Personal services by an employee

The obligation is made--

On the date on which a binding written commitment to acquire the property.

When the services are performed.

(c) Personal services by a contractor who is not an employee (d) Performance of work other than personal services (e) Public utility services On the date on which a binding written commitment is made to obtain the services.

On the date on which a binding written commitment is made to obtain the work.

When the services are received.

(f) Travel (g) Rental of real or personal property When the travel is taken.

When the property is used.

• Liquidation-The issuance of payment for an obligation.

Obligation and Liquidation

• Cash Management Improvement Act   LEAs must draw down cash from grant awards to pay expenses only as they are incurred. Interest earned on federal cash draws held in excess of three days require the remission to the SEA of interest earned on that excess.

Exhaust FY 11 funding before using FY 12 funding.

 Check balances of FY 10 funding – Ending obligation date is September 30, 2011 and ending liquidation date is December 31, 2011.

Obligation and Liquidation-Timelines

Availability of IDEA Funds FY 10 (IDEA regular and ARRA) 

Obligation period

› July 1, 2009 – September 30, 2011 

Ending liquidation date

› December 31, 2011

FY 11



Obligation period

› July 1, 2010 – September 30, 2011 

Ending liquidation date

› December 31, 2012

FY 12



Obligation period

› July 1, 2011 – September 30, 2013 

Ending liquidation date

› December 31, 2013

Obligation and Liquidation-Use of Budget Revision Process

• • • • When are budget revisions required?

What is the process?

– WVDE forms 11-20-12 and 11-20-13 – GNL 520 (please print entry with object text description) Who do you contact?

OSP Budget Revisions Memo – February 2010 – (Copy of memo recently emailed to the Special Education Director’s ListServ on 2/18/2011).

• • • •

Project Financial Reports

Good tool to assist in monitoring budget/expenditures Select county Select project – 02 – state special education – 43 – IDEA funds Select fiscal year May select specific months

http://wveis.k12.wv.us/surveys/genledger_projects_years.cfm

INVENTORY MANAGEMENT

EDGAR §80.32(c)-(e) • Equipment – Federal definition of Equipment (OMB Circular A-122) • Tangible personal property • • Useful life of more than one year Acquisition cost of $5,000 or more –

For purposes of maintaining IDEA Inventory

• As above, except – Useful life of more than one year, regardless of acquisition cost »

Example: PDAs, Computers, Cell phones, Copiers, Projectors, Digital Cameras, Etc.

»

See also WVDE Capital Assets Manual

Inventory Management Equipment

• Must have adequate controls in place to account for: –

Location of equipment

– –

Custody of equipment Security of equipment

• • LEA should have procedures in place and documentation to track and account for the location and assignment of equipment at all times A tracking system must be implemented for requesting and signing out equipment to be used off-site

Inventory Management-Equipment

• • • Must protect against unauthorized use •

May use for other projects as long as use is incidental and does not interfere with

authorized use When property is no longer needed, must follow disposition rules •

Transfer to another federal program

•

Over $5,000 – Keep or sell, but must pay a share based on the percentage of federal ED participation at initial acquisition

•

Under $5,000 – May keep, sell, or dispose of it with no obligation to ED

When property is lost, damaged or stolen •

Follow procedures in the WVDE Procedures Manual Capital Asset System (Send copy of documentation to SEA)

Monitoring and Compliance

• • Section 618 Determinations Fiscal management a monitoring focus of OSEP for states and districts • • • •

Timely and accurate submission of data and LEA application Timely liquidation Time and effort documentation Audit findings

Report On The ARRA Grant Funds

• • • • • Report FTE jobs funded with ARRA IDEA funds Report project status (activities) Report quarterly on the expenditure of ARRA IDEA funds Enter in Five Year Online Strategic Plan – ARRA Reporting by end of each quarter Report vendors receiving payments $25,000 and over, including name, product description

Where to Find Federal Education Grants Management Requirements • • Office of Management & Budget (OMB) Circulars : A -87; A- 133 http://www.whitehouse.gov/omb/circulars Circular A-133 Compliance Supplement (2009): http://www.whitehouse.gov/omb/circulars_a133_ compliance_09toc/ 116

• • • Where to Find Federal Education Grants Management Requirements Program Rules: www.ed.gov

– Statutes – – Regulations Guidance General Education Provisions Act (GEPA): http://www.law.cornell.edu/uscode/20/usc_sup_0 1_20_10_31.html

Education Department General Administrative Regulations (EDGAR): http://www.ed.gov/policy/fund/reg/edgarReg/edg ar.html

117

WVDE Financial Requirement Manuals/Forms

• http://wvde.state.wv.us/finance/

Contacts

Janice Hay [email protected]

(304) 558-2686 Coordinator Office of Internal Operations Sandra McQuain (304) 558-2696 [email protected]

Assistant Director Office of Special Programs

Medicaid and Education

Additional Source of Funding April 13, 2011

www.cms.gov

State Plan

Each state determines its State Plan within the general guidelines of the federal CMS.

1989

Medicaid and Education Timeline

U.S. Congress 1990 IDEA WV Code 18-2-5b 2000 Medicaid State Plan Amended

…for children with IEPs Only Therapies Added IEPs, Care Coor, Sp. Trans. Personal Aides

WV Code 18-2-5b

(a) The state board shall become a Medicaid provider and seek out Medicaid eligible students for the purpose of providing Medicaid and related services to students eligible under the Medicaid program and to maximize federal reimbursement for all services available under the Omnibus Budget Reconciliation Act of one thousand nine hundred eighty-nine, as it relates to Medicaid expansion…

IDEA

A noneducational public agency described in paragraph (b)(1)(i) of this section may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context… Reinforced that Medicaid would reimburse covered services provided by the school.

IDEA

A public agency may use the Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under this part, as permitted under the public benefits or insurance program…

IDEA

If a public agency spends reimbursements from Federal funds (e.g., Medicaid) for services under this part, those funds will not be considered "State or local" funds for purposes of the maintenance of effort provisions in Sec. Sec. 300.163 and 300.203.

IDEA

Reduction of Other Benefits.--Nothing in this part shall be construed to permit the State to reduce medical or other assistance available or to alter eligibility under title V of the Social Security Act… or title XIX of the Social Security Act (relating to Medicaid for infants or toddlers with disabilities) within the State.

1990

Each School District – 1 st # Therapy Provider # 0 00XXXXXXXX Audiology # OT # PT # SLP # RN # Psychology #

2000

Each School District – 2 nd # Cost-Based Provider # 15XXXXXXXX - New Initial/Triennial IEP Annual IEP Personal Care (full) Personal Care (part) Sp. Trans. Vehicle Sp. Trans. Aide Care Coordination

LEA Supporting Documentation: IEP Progress Notes Attendance Records Care Coordination form Billing Form or WVEIS Entry RESA Payment – Direct Deposit Electronic claim Remittance Advice Denial/pending WVDHHR Molina Processing Agency; Bureau of Medical Services BMS

•

Documentation

Student Related Documentation Included in IEP services – the IEP form Therapy notes/log: Notes/outcome re: student progress and prognosis The Care Coordination form Personal Care form Specialized Transportation form – number of special education students riding specialized transportation • Billing Documentation - WVEIS Maintain documentation in the student’s individual cumulative file in a centralized location.

State of West Virginia – Form DOE-105 Version 8/09/01

Physician Authorization/Certification Form

Student Name (L, F, M): __________________________________________________ Diagnosis: __________________________________________________ Medicaid Number: __________________________________________________ The following services have been included on the above-named student’s Individualized Education Plan.

Service

Speech Therapy PT; OT

X = Included on IEP Service Amount (times per wk/mo and/or minutes per wk/mo)

I certify the above-identified services as medically necessary. ____________________________________ Name (Print) ______________ Date ____________________________________ Signature

Freedom of Choice

Freedom to choose services from providers outside the school system

Medicaid cannot cover duplicate services

Establish in writing that the School System is not to seek reimbursement for services that are provided by an outside agency. (Consent form)

Frequently Asked Questions

Personal care : Services must be provided on a full-time basis. The aide must not be responsible for any other student.

Not specific to the aide

Full-time / Full Day = $150.94/day ($3,018.80/month – 20 days) Full-time/ Partial Day = $75.47/day ($1509.40/month – 20 days)

Frequently Asked Questions

Care Coordination : Coordinate delivery of services related to IEP. Check all activities completed during that month, but may bill even if only one activity was checked.

1 billing per month/per student = $77.09/mo.

Service Record – Care Coordination

Medicaid Number Last Name First Name WVEIS Number Diagnosis Code School County Beginning Date Ending Date Procedure Code T2022 Units 1 Care Coordination. T2022 = 1 unit per month. List dates of any and all activities completed this calendar month.

Care Coordination Activities A. Met with Special Ed. or Reg. Ed. teacher regarding child’s service needs/progress B. Met with Therapist regarding service needs/progress C. Met with Psychologist regarding service needs/progress D. Met with Social Worker E. Met with Counselor regarding service needs/progress F. Met with Personal Care Aide regarding needs/progress G. Met with other health care provider regarding child’s service needs/progress H. Issued letter/memorandum regarding child’s service needs/progress I. Contacted provider(s) to schedule testing/consultation J. Met with parent(s)/guardian(s) regarding child’s treatment needs/progress K. Met with parent(s)/guardian(s) on testing results L. Issued letter/memorandum to parent(s)/guardian(s) M. Contacted parent(s)/guardian(s) to schedule consultation N. Met with child to discuss progress O. Met with child to discuss service needs P. Met with child to discuss social/behavioral issues Q. Reviewed provider assessment/testing results R. Reviewed provider notes/memoranda regarding child’s service needs/progress S. Prepared progress notes T. Prepared summary of provider consultation U. Prepared summary of parent/guardian consultation V. Prepared summary of child consultation W. Prepared other documentation of service treatment/progress X. Other: Date(s)

Outcome:

(Circle one)

A.

Progress Satisfactory - Continue IEP until completion date. or B. Reconvene IEP Team to address change

________________________________ __________________

Signature Date

Menu

https://wveis.k12.wv.us/surveys/mmis.cfm

January 21 to February 15

IDEA

Discussion: In order for a public

agency to use the Medicaid or other public benefits or insurance program in which a child participates to provide or pay for services required under the Act, the public agency must provide the benefits or insurance program with information from the child's education records (e.g., services provided, length of the services).

IDEA

Information from a child's education records is protected under the Family Educational Rights and Privacy Act of 1974, (FERPA)… Under FERPA and section 617(c) of the Act, a child's education records cannot be released to a State Medicaid agency without parental consent, except for a few specified exceptions that do not include the release of education records for insurance billing purposes.

CONSENT TO RELEASE INFORMATION FROM EDUCATIONAL RECORDS FOR MEDICAID BILLING Student’s Full Name

The county school district wishes to periodically apply for reimbursement for certain services provided to eligible children during the year by accessing Medicaid or other publicly funded benefits. This access will not result in any decrease in available lifetime coverage or any other insured benefit; will not result in any cost to the child or the child’s family; will not increase any premium or lead to the discontinuation of the child’s benefits or insurance; and will not create any risk of loss of the child’s eligibility for West Virginia’s Title XIX MR/DD Waiver Program based on aggregate health-related expenditures. The county school system is providing the following Medicaid covered services to your child:

TYPE OF SERVICE Audiology Services Occupational Therapy Services Physical Therapy Services Psychological Services Speech Therapy Services Nursing (RN) Specialized Procedures Personal Care Aide (direct 1:1) Specialized Transportation (vehicle) Specialized Transportation (aide) IEP-Development (Initial or Annual/Triennial Update) FREQUENCY (per week/month/year) Is the service also provided outside the school system? Care Coordination One per month

If your child is receiving audiological, occupational therapy, physical therapy, psychological and/or speech services from a provider(s)

outside

the school system, please list the name of the provider(s) in the box(es) provided so that the school system does not duplicate the outside provider’s Medicaid billing. Medicaid reimbursement to districts is authorized by West Virginia Code 18-2-5b, effective March 15, 1990. These funds provide additional financial resources for the county’s educational services. Regardless of the status of the consent, the school district will continue to provide your child’s IEP services with available federal, state and/or local school district dollars. I give my consent to release information from my child’s educational records for the purpose of Medicaid billing for the duration of services. Parent Signature: _______________________________________ Child’s Medicaid Number: ________________________________ Family Physician (optional): _______________________________________

http://wvde.state.wv.us/osp/medicaid.html

ASSISTIVE TECHNOLOGY FUNDING

Kathy Knighton [email protected]

Office of Special Programs West Virginia Department of Education

What is Assistive Technology?

•

“Any item, piece of equipment, or product

system, whether acquired commercially or off the shelf, modified, or customized, that is used to maintain, or improve functional capabilities of individuals with disabilities” Individuals with Disabilities Education Act (IDEA).

•

Tremendous potential to promote equity for students with disabilities……

–

independent

–

self-confident

–

productive

–

integrated into school and society.

Legal Aspects……

•

School districts are mandated to make assistive technology available to all students with disabilities if appropriate to receive a free, appropriate public education (FAPE).

–

IEP Team Decision

–

Home Use

–

Funded by district

–

Provide devices/services

•

Consideration of special factors.

–

Assistive technology must be considered for ALL students in the special education process.

Challenges of Delivering Assistive Technology

• • • • •

Lack of Information

–

Current/accurate information Lack of Expertise

–

Skills/Knowledge High Rate of Abandonment

–

1/3 abandoned after first year Lack of Funding

–

Significant barrier Inclusion and Lack of Assistive Technology

Implications for Schools

•

PLANNING

–

School district’s long range technology and special education plans, procedures, services, and budget include assistive technology.

•

TRAINING

–

All staff are able to appropriately “consider” students for assistive technology services and/or devices.

–

Staff are trained to integrate technology in teaching to help students with disabilities gain skills and achieve higher standards.

•

INCLUSION

–

Assistive technology is used to support the inclusion of students with disabilities in regular education placements and access to the general curriculum.

FUNDING QUESTIONS

• • • •

ARE SCHOOL DISTRICTS REQUIRED TO PAY FOR ASSISTIVE TECHNOLOGY

DEVICES AND SERVICES?

Yes . District must provide the equipment, services or programs recommended in the IEP. Use federal, state, or local funds Access other sources such as Medicaid, Vocational Rehabilitation, and/or private health insurance policies to pay for the devices and services.

•

CAN SCHOOL DISTRICTS REQUIRE PARENTS TO USE THEIR PRIVATE INSURANCE TO PAY FOR NECESSARY ASSIS5IVE TECHNOLOGY DEVICES AND SERVICES?

•

No . “Free” in FAPE is extremely significant regarding children with disabilities who may require assistive technology devices or services.

–

As stated in IDEA and its regulations, all aspects of special education and related services must be provided "at no cost to the parents." If family agrees to allow the district to access private insurance

–

Decision must be strictly voluntary.

• • •

Funding……..

•

CAN FAMILIES BE ASKED TO PURCHASE THE DEVICES OR AUGMENT THE IDENTIFIED ASSISTIVE TECHNOLOGY NEEDS OF THEIR CHILD

?

Shared responsibility between school, families, employers, and community Parents must agree to Joint funding If family does purchase the AT device, schools cannot mandate that the device be brought to school.

–

Families can insist that another device be provided for school use.

• • • • • •

ARE THERE OTHER OPTIONS FOR SCHOOLS TO CONSIDER IN LIEU OF PURCHASING THE ASSISTIVE TECHNOLOGY DEVICE?

Yes . Purchase of equipment or devices is not always necessary or even advisable Temporary condition or expected to improve or deteriorate Need to try-out equipment before purchase for a student Consider rental or long-term lease - purchase options Long-term leasing or lease/ purchase agreements benefits

–

no obligation on behalf of the school to purchase device;

–

reduction of obsolete inventory

– –

use of equipment without a lump sum purchase; flexible leasing terms; upgrading equipment as more improved technology becomes available; and, upgrading equipment as the student's needs change.

• • • •

Funding……

CAN SCHOOL DISTRICTS SHARE THE FUNDING RESPONSIBILITIES OF PROVIDING ASSISTIVE

TECHNOLOGY DEVICES AND SERVICES? YES.

Transitioning from WV Birth to Three programs to public school preschool programs Transitioning from public school to adult services through Rehabilitation Services Ownership of the device is an important issue to consider by IEP Teams

• • •

DO SCHOOL DISTRICTS HAVE THE RESPONSIBILITY TO PAY FOR AN INDEPENDENT EDUCATION EVALUATION (IEE) REGARDING ASSISTIVE TECHNOLOGY?

YES . Parent has right to an IEE at public expense if the parent disagrees with an evaluation obtained by the

public agency. Requirements in WV Policy 2419: Regulations for the Education of Exceptional Students.

• • •

ARE SCHOOL DISTRICTS RESPONSIBLE FOR CUSTOMIZATION, MAINTENANCE, REPAIR AND REPLACEMENT OF ASSISTIVE TECHNOLOGY DEVICES?

YES.

If family owned AT is used by the school, on the IEP, and is necessary for providing Free Appropriate Public Education (FAPE) District responsible for maintenance, repair, and re-placement

ASSISTIVE TECHNOLOGY SUPPLEMENTAL FUNDING GRANT

•

PURPOSE OF SUPPLEMENTAL FUNDING GRANT

–

Resource when unanticipated costly assistive technology device and/or service for a specific student with a disability and other funding sources are not available.

–

Reimbursement for assistive technology devices and/or services is contingent upon an approved application with corresponding required documentation and funding availability.

– –

Responsibility of district to purchase AT immediately after identified.

Districts required to ensure that AT is provided regardless of any funding opportunities from the Office of Special Programs.

•

PRIORITIES OF SUPPLEMENTAL FUNDING GRANT

–

Newly identified students with costly assistive technology needs as determined by an IEP team.

–

Not students who have previously been identified and should have been receiving assistive technology devices and/or services.

•

GRANT REQUIREMENTS

APPLICATION FOR INDIVIDUAL STUDENT MUST:

–

Provide student specific information

– –

Identify student’s specific assistive technology need(s) Include a copy of the student’s IEP that documents the need for the assistive technology services and/or devices

– –

Include an invoice(s) for the assistive technology device(s) or service(s) Include specific Assurance Statements signed by the county superintendent and the special. education director

• •

Please Note:

–

Requests from districts who have expired state and/or federal grant awards with unencumbered amounts and/or who have been required to return unencumbered special education funds are not eligible to apply for these supplemental funds. Applications should be mailed to: Kathy Knighton, Office of Special Programs 1900 Kanawha Boulevard East Building 6, Room 304 Charleston, West Virginia 2530.

•

CAMP GIZMO 2011

Assistive Technology Summer Camp

–

Parents, professionals and students learn how assistive technology can help young children (0-8) with significant and multiple developmental needs

•

WV Schools for the Deaf and Blind Campus

–

Romney, WV – July 9-14

–

Lodging/meals provided

–

Registration (website)

•

Professional Development Opportunities

WV FUNDING RESOURCES

• • • • • • • • •

WV DEPARTMENT OF EDUCATION (WVDE) OFFICE OF SPECIAL PROGRAMS Kathy Knighton Annette Carey [email protected]

[email protected]

Ruth Ann King [email protected]

Valerie Wilson [email protected]

WV Birth to Three Program (WVDHHR) Contact: Pam Roush, (304) 558-6311, 1-800-642-9704

•

WV Early Childhood Resource Lending Library (ECRLL)

1-800-642-9704

http://cedwvu.org/resources/library.php

•

West Virginia Assistive Technology System (WVATS)

(888) 829-9426

http://wvats.cedwvu.org/ West Virginia Division of Rehabilitation Services (304) 776-4702 http://www.wvdrs.org

4/28/2020

THANK-YOU!!!!!

Five-Year Online Strategic Plan Special Education Component

Annual Application for IDEA, Part B and Preschool and State Aid for Exceptional Children 2011-2012

State Performance Plan Annual Performance Report

 SPP/APR – Evaluates the state’s efforts to implement the requirements and purposes of IDEA 2004 and describes how the state will improve implementation 

Five Year Online Strategic Plan – Special Education Component/Annual Desk Audit – Evaluates the LEA’s efforts to implement the requirements/purposes and describes how the LEA will improve implementation

Results Indicators

Targets Set by State

1. Graduation 2. Dropout 3. Assessment participation and proficiency 4. Suspension 5. Educational Environments – Ages 6-21 6. Educational Environments – Ages 3-5 7. Early Childhood Outcomes 8. Parent Involvement 14. Postsecondary outcomes within one year

Compliance Indicators

Targets Set by OSEP

9. Disproportionality by race/ethnicity – all disabilities 10. Disproportionality by disability 11. Initial evaluations within timelines 12. C to B transition at age 3 13. IEPs with transition requirements 15. General supervision – noncompliances

Leverage

Ratio of change in input to change in output

Leverage Point

Place in the system where force can be applied “The bottom line of systems thinking is leverage – seeing where actions and changes in structures can lead to significant, enduring improvements…”

Peter Senge

14 – Percent of youth who had IEPs, are no longer in secondary school, and who have been competitively employed, enrolled in post secondary school, or both, within one year of leaving high school

An appropriate goal for the system

Access to the gen. Ed. curriculum Instructional Models RTI and PBIS 8 – Parent Involvement

14 - Post-School Outcomes 1 - Graduation Rates 13 - IEP with adequate transition services 3C - Proficiency on assessments 5 - LRE

Timeline

• • • •

June 1, 2011 – Applications and County Budgets due County budget populates plan after submission July 1, 2011 – Begin issuing grant awards Failure to respond to needed corrections may result in monitoring issues

When to use…

• • • • Funds may not be obligated prior to July 1 or the date a substantially approvable application is submitted , whichever is last.

50% of grant award amount is available July 1 for obligation; 50% available in October (comes as one grant award). All funds must be obligated by September 30, 2012

Spend IDEA FY 10 carry over, including IDEA ARRA, and FY 11 IDEA first

Five Year Online Plan – Special Education Component

 A plan within the County Mission and Core Plan  Annually updated and submitted June 1  Data analysis disaggregated and supplemented for students with exceptionalities  Typically one goal for students with exceptionalities.

 Objectives can target the specific areas for improvement  Professional development, actions and expenditures implement goal/objectives  Must meet compliance requirements to receive state and IDEA funding

Priority Strategic Issues

• • • What are your priority strategic issues (e.g. areas of leverage you will target to improve outcomes)?

How did you determine your priority strategic issues?

How does logic modeling/root cause analysis contribute to this process?

•

Five Year Online Strategic Plan

Five Year – Plan Committee – •

Special Ed Director is member

– Data Analysis • •

Achievement on previous WESTEST2 and APTA Dropout, graduation

•

CSADA/ADA findings and needs

•

Other monitoring report corrective actions

– Goals/Objectives/Actions

Special Education Components

• Goals/Objectives/Activities – Enter a special education goal or attach Action Step to an existing plan goal – A separate special education goal clearly communicates the special education section of the plan and facilitates OSP review. – Objectives: Write a measurable objective for priority strategic issues for SWD.

• Should link to measurements within Data Analysis section

Professional Development Plan

• • • •

Professional Development Plan activities are no longer goal specific Use the screen provided to enter all PD activities Check the Special Education box Provide all information:

–

Date (month/year at minimum)

–

Topic

–

Target audience (special educators; general educators learning to work with special ed students or implement special ed policy)

– –

Mode of delivery Funding source (include use of funds here or in subtasks; e.g. stipends, substitutes, trainers)

Action Steps

• • WRITE or SELECT an ACTION STEP FOR GOAL  Subtasks clarify specific activities within the Action Step Check boxes indicate the applicable plan components for the Action Step . Step may serve more than one purpose (e.g. IDEA, Title I), but must clearly describe how funds will be used to benefit students with disabilities (or gifted)

Action Step/Subtasks

• • Specify the activity being funded and source of funds (IDEA B, IDEA Preschool, State aid); specify it is for students with disabilities, if it isn’t obvious Personnel – FTE and type of position (e.g. multicategorical sp. ed teacher, speech language pathologist, teacher of autism, instructional aide) – WVEIS budget includes FTE and program/function code for the specific type of teacher

Action Step/Subtasks

• •

Services

– Describe the contracted services to be provided (e.g. physical therapy/occupational therapy; speech) Includes tuition for students placed out of state by DHHR/Courts (state aid) –

Budget program/function codes specific to the type of service will identify it in the WVEIS budget

Action Step/Subtasks

• Materials/supplies/equipment – Be specific; describe what will be purchased and for whom – Break down large amounts into specific types, • Examples: Supplemental materials – Wilson Reading • Technology hardware- computers for SWD • General supplies – for special ed classrooms

Action Step/Subtasks

– Itemize Equipment $5,000 or over in Compliances – Equipment section – Budget object codes, specify supplemental materials, software, hardware, general supplies – For IDEA preschool funds, program/function should be specific to preschool (e.g. 21282) – For IDEA school ages funds used for general supplies and materials, multicategorical code is permitted (21210)

Action Step/Subtasks

•

Coordinated Early Intervening Services

– include Action Step/Subtask, then describe in full in the Early Intervening Section under Compliances – Budget program function codes will begin with 1xxxx to indicate this is a general education expenditure

• • • •

Action Step/Subtasks

Services to Students Parentally Placed in Private Schools – Required for Proportionate Share Subtasks specify the services provided to implement service plans May include expenditures for professional development for teachers to work with private school students with disabilities May include materials/supplies/equipment to implement service plans All items remain in control of the public schools and are returned to public schools when no longer needed to provide services to SWD – Budget program/function code 5xxxx allows tracking of required expenditures

Action Step/Subtasks

• Facilities •  If funds are spent on facilities/construction, must include detailed plan under the Compliances section Other – – Expenditures not included in other steps (e.g., indirect, travel, CSADA teams) Indirect amount is provided by OSEP (Budget code 7xxxx)

Five Year Online Strategic Plan

• Compliances – LEA - Special Education – Guidance – Allocations – Private Schools – Excess costs – Maintenance of Effort (MOE) – Early Intervening (CEIS) – Equipment – Construction

Compliances

        Allocations – Must update Private Schools – Calculation of proportionate amount for students parentally placed in private schools enter updated child count numbers – must check NO box if district has no students or enter number; must Excess Costs – Review and provide assurance MOE – Maintenance of effort – currently compares two most recently available prior years’ expenditures; Complete local only calculation, if needed to show MOE. MOE – Line 13 – Must enter FY12 state/local budget Coordinated Early Intervening Services as applicable Equipment ($5000 or more requires permission) Construction (requires permission)

Allocations

• • Press the SELECT button to select all the FY12 allocations.

If Coordinated Early Intervening Services will be budgeted, enter amount in the box provided and UPDATE.

• • • • •

Private Schools

Districts must annually update the plan for spending a proportionate share of IDEA funds on students parentally placed in private schools through consultation with representatives of private schools to address use of ARRA funds.

IDEA funds

must be expended

Can provide services and equipment/materials for implementing students’ service plans Can’t give funds or property to private schools After a carry-over period of one year, LEA may apply to transfer unexpended funds

Private Schools

• • •

District

maintains the count of eligible students (not just those receiving services)

District

amount enters count into the boxes in the

Compliances - LEA-Private Schools

screen and

Updates

to calculate the FY12 required These amounts (school age and preschool) must be included in the budget under program/function code 5xxxx.

Other Documentation

• • • Update consultation with representatives of private schools and representatives of parents of students parentally placed in private schools Maintain documentation of consultation (no need to submit to OSP for FY12).

Will be submitted if transfer of funds is requested at end of carry-over year

Excess Cost

– Excess costs are those costs for the education of an elementary school or secondary school student with a disability that are in excess of the average annual per student expenditure in an LEA during the preceding school year for an elementary or secondary school student.

• CSBO reviews information in Excess Cost screen pulled from WVEIS for accuracy in calculating the district’s excess cost

Supplement, Not Supplant, No “Particular Cost” Test

If the LEA maintains (or exceeds) its level of local, or state and local, expenditures for special education and related services from year to year, either in total or per capita, then the Part B funds are supplementing those local, or state and local, expenditures and the LEA has met its MOE and supplement/not supplant requirements.

Maintenance of Effort Alert

• • • • Many districts are failing to maintain effort To be eligible for plan approval and to receive a grant award for FY 12 , the LEA must submit a FY12 LEA budget that assures MOE will be met Medicaid funds spent for students with disabilities are not counted as local funds for MOE (CFO reports to WVDE and codes Medicaid revenues and expenditures in WVEIS for FY11) Use of Medicaid funds for special education provides flexibility year to year without affecting MOE

Special Ed Director and CSBO and Superintendent Ensure MOE

• • This is the eligibility test based on expenditures pulled from the WVEIS financial management system from the most recent year compared to

REPAYMENT

COMPLIANCE is met through actual to actual expenditure comparison. If compliance is not met, the LEA must pay back the difference in non-federal funds.

Four Tests to Meet MOE

• An LEA needs to only meet ONE of the following comparison tests: 1)Local & State expenditures in total for SWD 2)Local Only expenditures for SWD 3)The per student capita amount of Local & State expenditures) for SWD 4)The per student capita amount of Local Only expenditures for SWD

First must budget adequate amount; then must spend

Reduction in Maintenance of Effort (MOE) Reporting for FY10

• • • •

If the LEA was approved for Reduction in MOE based on increase in federal funds for FY10, expenditure of the “freed up” funds will be verified through the online Project

Financial Reports (00087).

Amount of reduction will equal the amount expended for expenditures allowable under ESEA, up to the maximum allowable amount.

The required amount to meet MOE for FY12 will be calculated by subtracting 00087 funds and Medicaid expended for SWD (00083) from the FY10 expenditures. Amount is reported to OSEP in a new Section 618 report

MOE – Allowable Reasons to Reduce MOE

1. The voluntary departure , by retirement or otherwise, or departure for just cause, of special education or related services personnel (paid with state funds and replaced with

less costly personnel or not replaced )

2. A decrease in the enrollment of children with disabilities (for the years in question) 3. The termination of the obligation of the agency, consistent with Part B, to provide a program of special education to a particular child with a disability that is an exceptionally costly program

MOE – Explanation of Reduction

4. The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities 5. The assumption of cost by the high cost fund operated by the SEA under 34 CFR §300.704(c).

Coordinated Early Intervening Services (CEIS)

• • Services for students in

K-12

who are not identified as students with disabilities and who need additional academic and behavior supports to remain in the general education environment Must define and identify which students are the recipients of CEIS and track them for two years to document non-eligible or eligible status. WVDE will provide tracking protocol.

CEIS May Include:

1. professional development in research-based academic and behavioral interventions including literacy instruction and adaptive/instructional software 2. evaluation, services and supports including literacy instruction – the WVDE defines literacy as reading, math and writing

CEIS

• • • CEIS amount is calculated on IDEA, Part B (School Age and Preschool) allocation Funds expended may come from IDEA, Part B only or include Preschool Amount and number of students served and identified is reported to OSEP in a new Section 618 report

Coordinated Early Intervening Services Report

Add a Column to Report 2010-11 Also Reported in WVEIS

Number of students without disabilities who received coordinated EIS Number of students without disabilities reported above who were Initially referred and found eligible as students with disabilities (within two years).

2007-2008 2008-2009 2009-2010 2010-2011

CEIS Plan Section

• • • • • Need for program Entrance criteria – definition of student needing additional academic and/or behavior support Describe program, interventions, professional development, curriculum/materials, targeted subject, schools, grades Progress monitoring and exit criteria How funds will be spent

Budget Spreadsheet

• • • Excel spreadsheet updated for FY12 – e-mail to Sandra McQuain to assist in review of WVEIS budget, or send alternative if available

WVEIS budget FTEs, program/function and object codes must be specific and match activities described in the subtasks

Use WVDE Chart of Accounts for codes

Budget

• • • Submitted budget from WVEIS will populate the Budgets – LEA Special Education tab in the plan Work with your Chief School Business Official to get it right the first time Grant awards will not be forwarded until WVEIS budget is accurate • • • •

Chart of Accounts

http://wvde.state.wv.us/finance/ Revisions needed must be made after July 1 through the budget revision process Grant awards will not be forwarded until the needed changes are approved by OSP.

• • • • •

Sections/Program Codes Across IDEA, ARRA and State Aid

Chart of Accounts – July 1, 2009 Program/function codes: 2xxxx- Special Education Services (Public) 1xxxx - Coordinated Early Intervening Services 5xxxx - Services for Students with Disabilities Parentally Placed in Private Schools Project Codes – (43) will identify IDEA funds 00Y87 – MOE reduction funds – 00Y83 – Medicaid funds

Printing and Submission

• • • • • • When you are finished, go to Printing/Submission – Special Education Click the pdf, review it.

Submit Plan sends e-mail to Sandra McQuain When plan is evaluated, a checklist is posted in the plan and an e-mail to you is generated. Go to this screen to see the required revisions. Plan maintains copies of the pdfs.

Budget Revisions

– Expenditure of IDEA funds should align with the special education online plan that is submitted to the SEA and approved for use of funding and subsequent approved budget revisions.

– A cumulative deviation from the purpose as outlined in the online plan in excess of 10% of the total award amount must be supported by an approved budget revision request.

Budget Revisions

• • • • • • Follow process outlined in OSP budget revision memo Must submit both required WVDE forms Special education director signs WVDE 11-20-13 form CSBO attaches budget journal entry and submits via e-mailed pdf Send to [email protected]

OSP reviews and CSBO will receive an e-mail with approval or required corrections.

Questions

OSP Fiscal Resources Web Page http://wvde.state.wv.us/osp/FY11StrategicPlan.html

Sandra McQuain, Ed. D. Office of Special Programs (304) 558-2696 [email protected]

Janice Hay Office of Internal Operations (304) 957-9833, ext. 53423 [email protected]