SPED: IX - LEA Eligibility and Responsibiilities

IX. LEA ELIGIBILITY AND RESPONSIBILITIES

IX.A. LEA ELIGIBILITY FOR IDEA PART B FUNDS (34 CFR §§ 300.211–212, 220)

Federal special education funding is made available through a grant to the state from the Office of Special Education Programs (OSEP). These funds are restricted and may only be used to provide services and program for students who qualify under Part B of the IDEA. Funds are available for students who are 3–5 (section 619 Preschool) and for students age 3–21 (section 611 School-Age). Some funds are retained at the state level for administration and for state level activities. The remaining funds are distributed to Utah Local Education Agencies (LEAs) by formula.

Annually, the USBE staff shall notify WSD of the availability of Federal funds under Part B of the IDEA. In order to receive IDEA Part B flow-through funds, WSD must have in effect a USBE-approved special education program (Rules X.B.2.), including policies and procedures that are consistent with the Rules.
WSD must have a USBE-approved special education program (UCA 53F-2-307; (Rules IX.A.2). WSD’s program is approved by the state board when WSD’s special education policies and procedures are approved by the USBE special education staff and then by WSD’s local board in a public meeting. WSD must submit documentation of the local board’s approval to the USBE special education staff. The USBE approval of WSD’s policies and procedures includes the approval of any supporting documentation necessary to ensure their implementation. All required minimum components of Rules A.2.a-e are addressed in this policies and procedures manual.
As part of establishing eligibility for Part B funds, WSD must have revised policies and procedures in alignment with the IDEA 2004 final regulations and current Rules within one year of the final USBE approval of Rules.
Policies and procedures submitted by WSD in accordance with this section, and approved by the USBE staff, remain in effect until any of the following occur (34 CFR § 300.220):
1. The LEA submits modifications to the USBE staff that the SEA or LEA determines are necessary;
  1. The provisions of the Rules apply to any modifications in an LEA’s policies and procedures in the same manner and to the same extent as the LEA’s original policies and procedures.
2. The USBE staff gives the LEA notice of a new interpretation of the IDEA by Federal or State courts, or a change in Federal statute; or
3. There is an official finding of noncompliance with Federal or State law or regulations that requires a change in the LEA’s policy and procedures.
WSD must have on file with the USBE staff, information to demonstrate that it will make available to parents of students with disabilities or adult students and to the general public all documents relating to the eligibility of the LEA under Part B of the IDEA (34 CFR § 300.212).
WSD creates annual improvement goals based on the State Performance Plan (SPP) and Annual Performance Report (APR) Indicators to improve outcomes for students with disabilities (Rules IX.A.2.d(2)(r)).
WSD collects and provides additional information which the USBE may require in order to meet Federal reporting requirements, including suspension and expulsion rates, LRE environments, disproportionality data, personnel information, and others (Rules IX.A.2.e).

IX.B. USE OF PART B FEDERAL FUNDS BY THE LEA (34 CFR §§ 300.200–206, 208)

WSD submits a plan that provides assurances to the USBE that WSD meets each of the conditions in Rules IX.B. (34 CFR § 300.200).
WSD has in effect policies, procedures, and programs that are consistent with the State policies and procedures established in the Rules (34 CFR § 300.201).
Use of amounts (34 CFR § 300.202).

WSD has on file with the USBE staff, information to demonstrate that amounts provided to the LEA under Part B of the IDEA:

1. Will be expended in accordance with the applicable provision of the Rules.
2. Will be used only to pay the excess costs of providing special education and related services to students with disabilities consistent with the Rules; and
3. Will be used to supplement State, local, and other Federal funds and not to supplant those funds.

The excess cost requirement prevents WSD from using funds provided under Part B of the IDEA to pay for all of the costs directly attributable to the education of a student with a disability.
WSD meets the excess cost requirement if it has spent at least a minimum average amount for the education of its students with disabilities before funds under Part B of the IDEA are used.
Maintenance of effort (34 CFR § 300.203).
1. Eligibility standard.
  1. For purposes of establishing WSD’s eligibility for an award for a fiscal year, the USBE must determine that WSD budgets for the education of students with disabilities for at least the same amount, from at least one of the following sources, as WSD spent for that purpose from the same source for the most recent fiscal year f or which information is available:
    1. Local funds only;
    2. The combination of State and local funds;
    3. Local funds only on a per capita basis; or
    4. The combination of State and local funds on a per capita basis.
  2. When determining the amount of funds that WSD must budget to meet the requirement in paragraph Rules IX.B.6.a.(1), WSD may take into consideration, to the extent the information is available, the exceptions and adjustment provided in 34 CFR §§ 300.204 and 300.205 that WSD:
    1. Took in the intervening year or years between the most recent fiscal year for which information is available and the fiscal year for which WSD is budgeting; and
    2. Reasonably expects to take in the fiscal year for which WSD is budgeting.
  3. Expenditures made from funds provided by the Federal government for which the SEA is required to account to the Federal government or for which WSD is required to account to the Federal government directly or through the USBE may not be considered in determining whether WSD meets the standard in Rules IX.B.6.a.(1).
2. Compliance standard.
  1. Except as provided in 34 CFR §§ 300.204 and 300.205, funds provided to WSD under Part B of the IDEA will not be used to reduce the level of expenditures for the education of students with disabilities made by the LEA from local funds below the level of those expenditures for the preceding fiscal year.
  2. WSD meets this standard if it does not reduce the level of expenditures for the education of students with disabilities made by WSD from at least one of the following sources below the level of those expenditures from the same source for the preceding fiscal year, except as provided in 34 CFR §§ 300.204 and 300.205:
    1. Local funds only;
    2. The combination of State and local funds;
    3. Local funds only on a per capita basis; or
    4. The combination of State and local funds on a per capita basis.
  3. Expenditures made from funds provided by the Federal government for which the USBE is required to account to the Federal government or for which WSD is required to account to the Federal government directly or through the USBE may not be considered in determining whether WSD meets the standard of Rules IX.B.6.b.(1) and IX.B.6.b.(2).
3. Subsequent years.
  1. If, in the fiscal year beginning on July 1, 2013 or July 1, 2014, [DISTRICT] fails to meet the requirements of 34 CFR § 300.203 in effect at that time, the level of expenditures required of WSD for the fiscal year subsequent to the year of the failure is the amount that would have been required in the absence of that failure, not WSD’s reduced level of expenditures.
  2. If, in any fiscal year beginning on or after July 1, 2015, WSD fails to meet the requirement of Rules IX.B.6.b.(2)(a) or IX.B.6.b.(2)(c) and WSD is relying on local funds only, or local funds only on a per capita basis, to meet the requirements of the Rules IX.B.6.a or IX.B.6.b, the level of expenditures required of WSD for the fiscal year subsequent to the year of the failure is the amount that would have been required under Rules IX.B.6.b.(2)(a) or IX.B.6.b.(2)(c) in the absence of that failure, not WSD’s reduced level of expenditures.
  3. If, in any fiscal year beginning on or after July 1, 2015, WSD fails to meet the requirement of Rules IX.B.6.b.(2)(b) or IX.B.6.b.(2)(d) and WSD is relying on the combination of State and local funds, or the combination of State and local funds on a per capita basis, to meet the requirements of Rules IX.B.6.a or IX.B.6.b, the level of expenditures required of WSD for the fiscal year subsequent to the year of the failure is the amount that would have been required under Rules IX.B.6.b.(2)(b) or IX.B.6.b.(2)(d) in the absence of that failure, not WSD’s reduced level of expenditures.
4. Consequence of failure to maintain effort.
  1. If WSD fails to maintain its level of expenditures for the education of students with disabilities in accordance with Rules IX.B.6.b, the USBE is liable in a recovery action under section 452 of the General Education Provisions Act (20 USC § 1234a) to return to the Department, using non-Federal funds, an amount equal to the amount by which WSD failed to maintain its level of expenditures in accordance with Rules IX.B.6.b. in that fiscal year, or the amount of WSD’s Part B subgrant in that fiscal year, whichever is lower.
  2. If the USBE is required to return funds to the Department because of WSD’s failure to meet the Maintenance of Effort requirement, the USBE shall reduce the amount provided to WSD’s Minimum School Program (MSP) Basic Program on a 1/12 basis.
Exception to maintenance of effort (34 CFR § 300.204).

WSD may reduce the level of expenditures by WSD under Part B of the IDEA below the level of those expenditures for the preceding fiscal year if the reduction is attributable to any of the following:

1. The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel.
2. A decrease in the enrollment of students with disabilities.
3. The termination of the obligation of WSD, consistent with this part, to provide a program of special education to a particular student with a disability that is an exceptionally costly program, as determined by the USBE staff, because the student:
  1. Has left the jurisdiction of WSD;
  2. Has reached the age at which the obligation of WSD to provide a FAPE to the student has terminated; or
  3. No longer needs the program of special education.
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 (i.e., Intensive Services fund) fund operated by the USBE staff.

Adjustment to local fiscal efforts in certain fiscal years (34 CFR § 300.205).
1. For any fiscal year for which the allocation received by WSD under Part B of the IDEA exceeds the amount the LEA received for the previous fiscal year, WSD may reduce the level of expenditures otherwise required by maintenance of efforts requirements by not more than 50 percent of the amount of that excess.
2. Use of amounts to carry out activities under ESEA/ESSA.
  
  If WSD exercises the authority to reduce the level of expenditures due to an increase in Part B funds, WSD must use an amount of local funds equal to the reduction in expenditures to carry out activities that could be supported with funds under the ESEA/ESSA, regardless of whether WSD is using funds under the ESEA/ESSA for those activities.
3. The USBE staff must prohibit WSD from reducing the level of expenditures for a fiscal year, if the USBE staff determines that:
  1. WSD is unable to establish and maintain programs of FAPE that meet the requirements of Part B of the IDEA, or
  2. The USBE staff has taken action against WSD under Section 616 of the IDEA and subpart F of the regulations (Monitoring, Technical Assistance, and Enforcement).
4. The amount of funds expended by WSD for mandatory or voluntary Coordinated Early Intervening Services (CEIS) shall count toward the maximum amount of expenditures that WSD may reduce under the requirements of this section.

If the USBE staff determines that WSD is not meeting the requirements of the Rules, the USBE staff may prohibit WSD from treating funds received under Part B of the IDEA as local funds under this section for any fiscal year, but only if it is authorized to do so by the State constitution or State statute.
School-wide programs under Title I of the ESEA/ESSA (34 CFR § 300.206).
1. WSD may use funds received under Part B of the IDEA for any fiscal year to carry out a school-wide program under section 1114 of the ESEA/ESSA, except that the amount used in any school-wide program may not exceed the amount received by the LEA under Part B of the IDEA for that fiscal year:
  1. Divided by the number of students with disabilities in the jurisdiction of the LEA; and
  2. Multiplied by the number of students with disabilities participating in the school-wide program.
2. The funds described in this section must be considered as Federal Part B funds for purposes of the calculations required for excess costs and supplanting.
3. The funds may be used without regard to the requirements of 34 CFR § 300.202(a)(1) of the IDEA.
4. All other requirements of Part B of the IDEA must be met by WSD using Part B funds for school-wide programs under section 1114 of the ESEA/ESSA, including ensuring that students with disabilities in school-wide program schools:
  1. Receive services in accordance with a properly developed IEP; and
  2. Are afforded all the rights and services guaranteed to students with disabilities under Part B of the IDEA.

IX.C. CHARTER SCHOOLS AND THEIR STUDENTS (34 CFR § 300.209; Rules IX.C.)

Nothing in the Rules prohibit school districts and charter schools from developing a Memorandum of Understanding (MOU) to address student specific needs and/or placements.

IX.D. COORDINATED EARLY INTERVENING SERVICES (CEIS) (34 CFR § 300.226; Rules IX.D.)

WSD may not use more than 15 percent of the amount WSD receives under Part B of the IDEA for any fiscal year, less any amount reduced by the LEA pursuant to maintenance of effort, if any, in combination with other amounts (which may include amounts other than education funds), to develop and implement coordinated early intervening services (CEIS), which may include interagency financing structures, for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade three) who are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment.
In implementing CEIS, WSD may carry out activities that include:
1. Professional learning (which may be provided by entities other than LEAs) for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavior interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and
2. Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.
CEIS may not be used to limit or create a right to FAPE under Part B of the IDEA or to delay appropriate evaluation of a student suspected of having a disability.
WSD must annually report to the USBE staff on:
1. The number of students served under this section who received early intervening services; and
2. The number of students served under this section who received early intervening services and subsequently receive special education and related services under Part B of the IDEA during the preceding two-year period.
Funds made available to carry out this section may be used to carry out coordinated early intervening services aligned with activities funded by, and carried out under, the ESEA/ESSA if those funds are used to supplement, and not supplant, funds made available under the ESEA/ESSA for the activities and services assisted under this section. LEAs should refer to the USBE CEIS Technical Assistance for additional information.

IX.E. PERSONNEL DEVELOPMENT (34 CFR § 300.207; Rules IX.E.)

WSD must ensure that all personnel necessary to carry out Part B of the IDEA are appropriately and adequately prepared, subject to the requirements related to personnel qualifications and section 2122 of the ESEA/ESSA, as well as 34 CFR § 300.156; R277-504, R277-506, R277-520, and R277-524.
Paraeducators, when used to carry out Part B of the IDEA, must be appropriately trained and supervised, and utilized in accordance with USBE Paraeducator Standards.
1. WSD shall provide documentation of paraeducator training and supervision to USBE staff upon request.

IX.F. FUNDED PREVALENCE OF DISABLING CONDITIONS (UCA 53F-2-307; Rules IX.F.)

The USBE shall limit a school district’s allocation of State special education monies to 12.18 percent of the school district’s average daily membership (ADM).
Students three and four years of age and those students turning five after September 1 who are classified as developmentally delayed are not included in the school district’s 12.18 percent ADM maximum.
Public charter schools are not subject to the prevalence funding limits in this section because a charter school’s boundaries are not defined.

IX.G. LEA PROVISION OF FAPE (34 CFR § 300.101; Rules IX.G.)

WSD will oversee the caseload of each special educator (including psychologists, social workers, speech-language pathologists, occupational therapists, physical therapists, adapted PE specialists, and any other related servers) to ensure that a free appropriate public education is available to all eligible students with disabilities.

IX.H. ROUTINE CHECKING OF HEARING AIDS AND EXTERNAL COMPONENTS OF SURGICALLY IMPLANTED MEDICAL DEVICES (34 CFR § 300.113; Rules IX.H.)

Hearing aids. WSD must ensure that hearing aids worn in school by students with hearing loss, including deafness, are functioning properly.
External components of surgically implanted medical devices.
1. Subject to Rules IX.H.2.b., each public agency must ensure that the external components of surgically implanted medical devices are functioning properly.
2. For a student with a surgically implanted medical device who is receiving special education and related services, WSD is not responsible for the post-surgical maintenance, programming, or replacement of the medical device that has been surgically implanted (or of an external component of the surgically implanted medical device).

IX.I. EDUCATOR LICENSE REQUIREMENTS (R277-504; R277-506; R277-520; Rules IX.I.)

Professionals providing services to students with disabilities must hold a Utah Professional Educator License or Endorsement in the area in which they provide services. This includes special education teachers, speech/language pathologists, school psychologists, school social workers, and other professionals. Physical and occupational therapists must hold appropriate Utah licensure. The WSD administration shall be responsible for the evaluation of the appropriateness of licenses and endorsements when assigning staff members. [DISTRICT] refers to the USBE Teaching, Leadership, and Paraeducator Standards.

Preschool Special Education (Birth–Age 5) License area of concentration means a teaching license required for teaching preschool students with disabilities (R277-501-2(11)).
Special Education (K–12) License area of concentration means the license required for teaching students with disabilities in kindergarten through grade 12. Special Education areas of concentration carry endorsements in at least one of the following areas (R277-504-2(13)(a)):
1. Mild/Moderate Disabilities,
2. Severe Disabilities,
3. Deaf and Hard of Hearing,
4. Blind and Visually Impaired, and
5. Deafblind
Teachers providing services to the single category of Speech Language Impairment must hold the appropriate license, endorsement, or area of concentration in the category of Speech Language Impairment (R277-506).
Teachers assigned to teach academic subjects in elementary and secondary special education programs must, in addition to their special education license, meet the standards for personnel under the USBE and the ESEA/ESSA.
School social workers and school psychologists providing services to students with disabilities must be licensed by the USBE (R277-506).
Teachers serving preschool-aged students with disabilities must hold the Special Education (Birth–Age 5) educator license (R277-504).
Individuals providing psychological evaluation services for students with disabilities must hold a Utah education license for school psychologists or State licensure and meet the assessment publisher’s criteria for administration (R277-506).

IX.J. PURCHASE OF INSTRUCTIONAL MATERIALS IN ACCESSIBLE FORMATS (34 CFR § 300.210; Rules IX.J.)

WSD chooses to coordinate with the National Instructional Materials Access Center (NIMAC), when purchasing print instructional materials, and must acquire those instructional materials in the same manner, and subject to the same conditions as the USBE under Rules VIII.W.
Nothing in this section relieves WSD of its responsibility to ensure that students with disabilities who need instructional materials in accessible formats but are not included under the definition of blind or other persons with print disabilities or who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner.
For all purposes of this section, the USBE defines timely manner as follows: the USBE and LEAs must take reasonable steps to provide instructional materials in accessible formats to students with disabilities who need those instructional materials at the same time as other students receive instructional materials.

IX.K. SCHOOL DISTRICTS TO PROVIDE USDB CLASS SPACE (UCA 53E-8-410; Rules IX.K.)

If WSD has students who reside within WSD's boundaries and are served by the Utah Schools for the Deaf and the Blind (USDB), WSD shall make a good faith effort to provide the USDB with space required for programs offered by the USDB.

Created on 21 November 2022.
Last updated on 21 November 2022.
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