Federal Guidance | RTI/CEIS PowerPoint Presentation | Questions & Answers
When states make determinations of significant disproportionality based on race or ethnicity with respect to the identification of children as children with disabilities, the placement in particular educational settings of these children, or the incidence, duration, and type of disciplinary actions (including suspensions and expulsions), three important provisions are triggered. For more information about how the state analyzed significant disproportionality, see 2009 Significant Disproportionality Analysis Methodology.
(1) Review and revision of policies, procedures, and practices
The state must provide for the review and, if appropriate, revision of the policies, procedures, and practices used in the identification, placement, or discipline of children with disabilities, to ensure that the policies, procedures, and practices comply with the requirements of the Act. [34 CFR §300.646(b) (1)] The review of LEAs’ policies, practices, and procedures for identifying, placing, and disciplining children with disabilities would occur for LEAs that, based on the numerical analysis, were identified as having significant disproportionality in identification, placement, or discipline. The purpose of this review is to determine if the policies, practices, and procedures are consistent with the requirements of IDEA.
(2) Required use of maximum amount (15%) of the flow-through funds for early intervening services
In the case of determination of significant disproportionality with respect to the identification of children as children with disabilities, the placement in particular educational settings of such children, or disciplinary actions, the SEA must require the LEA to reserve the maximum amount (15%) of the flow-through funds it receives under Part B of IDEA to provide comprehensive coordinated early coordinated intervening services (CEIS) to serve children who have not been identified as children with disabilities in the LEA, particularly, but not exclusively, children in those groups that were significantly overidentified. [34 CFR §300.646(b)(2)]. The Department interprets the phrase “reserve the maximum amount of funds” as meaning to use the funds for early coordinated intervening services. The statute does not authorize LEAs to use these funds for any other purpose.
It is important to note that the obligation to use 15% of the LEA’s IDEA funds for CEIS is triggered solely on a determination of significant disproportionality. In other words, the obligation to reserve funds for CEIS is independent of any analysis of whether that disproportionality is the result of inappropriate identification.
(3) Public reporting of revisions to policies, procedures, and practices
The third provision at 34 CFR §300.646(b)(3) requires the LEA to publicly report on the results of this revision of policies, practices, and procedures used in identification, placement or discipline of children with disabilities (described under 34 CFR §300.646(b)(1)).
There is no appeal process when the state has identified an LEA with significant disproportionality. LEAs must review their policies, procedures, and practices; reserve 15% of the flow-through funds for early coordinated intervening services; and, if they revise policies, procedures, and practices, must make a public announcement (examples include, but are not limited to: at a school board meeting, public notice in the local newspaper, on the LEA's web page, letter to parents, etc.).
In accordance with 34 CFR §300.608, “if an LEA does not meet the targets in the state’s performance plan, the LEA is prohibited from reducing maintenance of effort (MOE) under 34 CFR §300.203 for any [this] fiscal year.”
Guidance on CEIS When Required by the State for Significant Disproportionality
In implementing coordinated, early intervening services under 34 C.F.R. §300.226, to address Significant Disproportionality, an LEA may carry out activities that include:
- Professional development (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 behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and
- Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction. [34 C.F.R. §300.226(b)].
LEAs that are identified with Significant Disproportionality are required to use 15% of the entitlement received under IDEA-B (FAR Fund Codes 224 and 225). These IDEA-B funds may be used in combination with other funds (including sources other than education funds) which may include interagency financing structures (Section 613(f)(1)). Federal funds always retain their identity. It is incumbent upon the Texas Education Agency (TEA) and LEAs to account for the receipt and expenditure of federal funds, and to ensure that federal funds are used for allowable costs in accordance with federal fiscal requirements.
LEAs must calculate 15% of the entitlement received under IDEA-B based on the combined total of IDEA-B formula and preschool funding amounts. LEAs must calculate the 15% before calculating and setting aside private school proportionate share funds. The LEA must recalculate the 15% once maximum entitlements are released.
LEAs that are identified with Significant Disproportionality are required to submit an amendment to their eGrants application in order to budget the CEIS funds.
LEAs should use a local option code that uniquely identifies the cost objective used to account for the expenditure of federal, state, and local funds on coordinated, early intervening services. The use of local and state funds for coordinated, early intervening services that were previously expended on special education services may result in an apparent decline in Maintenance of Effort (MOE). LEAs should maintain documentation (i.e., policies, procedures, identification criteria, needs assessment, improvement plan, budget) that adequately describes the program implemented.
Data Collection and Reporting Requirements
Each LEA that develops and maintains coordinated, early intervening services under 34 CFR 300.226 must annually report to the State educational agency (SEA) on:
- The number of children served under 34 C.F.R. §300.226 who received coordinated early intervening services; and
- The number of children served under 34 C.F.R. §300.226 who received coordinated early intervening services and subsequently receive special education and related services under Part B of IDEA during the preceding two year period. [34 C.F.R. §300.226(d)].
LEAs must include in this count students served by personnel who participated in professional development activities supported with CEIS funds.
LEAs are encouraged to develop data collecting/reporting systems in order to ensure timely and accurate submission to the State. Guidance on how LEAs will report data to the State, including details on the reporting period and deadlines, will be forthcoming from the Agency.
CEIS SC5100 Chart Detailed Version
CEIS SC5100 Brief Version
Relationship between CEIS and Free Appropriate Public Education (FAPE)
EIS does not limit or create a right to FAPE under Part B of IDEA or allow an LEA to delay appropriate evaluation of a child suspected of having a disability. [34 C.F.R. §300.226(c)]
Division of IDEA Coordination
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560
Last Updated: December 29, 2010 | Created: July 5, 2007