FEDERAL AGENCY:

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION

AUTHORIZATION:

Individuals with Disabilities Education Act (IDEA), Part B, Sections 611, and Part D, Section 674 as amended, 20 U.S.C. 1411 and 1420.

OBJECTIVES:

To provide grants to States to assist them in providing a free appropriate public education to all children with disabilities.

TYPES OF ASSISTANCE:

Formula Grants. Place Cursor Here for Definition

Applicant Eligibility: State educational agencies in the 50 States, District of Columbia, Puerto Rico, American Samoa, Commonwealth of the Northern Mariana Islands, Guam and Virgin Islands, may apply to the Department of Education for participation in the Part B, IDEA program. The Department of the Interior, Bureau of Indian Affairs receives 1.226 percent of the total amount available to States. Local educational agencies apply to their State educational agency for funds.

Beneficiary Eligibility: Children and youth with disabilities will benefit.

Credentials/Documentation: The designated plan review agencies must be given an opportunity to review the State's policies and procedures. Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.

Pre-application Coordination: All public and private institutions and institutions of higher education, professional associations, other organizations interested in personnel preparation should be given an opportunity to participate in the development of a State's comprehensive system of personnel development. Representatives of private schools must have an opportunity to participate in the development of State standards. Children in private elementary and secondary schools to the extent consistent with their number and location in the State must have an opportunity to participate in the program assisted or carried out under this grant by providing them with special educational related services, unless prohibited by State law in force on December 2, 1983. Public hearings must be held prior to a State's adoption of policies and procedures. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. The standard application forms as furnished by the Federal agency and required by OMB Circular No. A-102 must be used for this program.

Application Procedure: States must submit polices and procedures which: 1) Meet the conditions in Section 612 and Section 613 of Part B of the Individuals with Disabilities Education Act and 2) describe the purposes and activities for which funds under this Act will be expended. Local education agencies submit their applications for sub-grants to their State educational agency for approval. This program is excluded from coverage under OMB Circular No. A-110.

Award Procedure: Once the State policies and procedures are submitted and approved, a grant award document representing the total grant amount for that fiscal year, or portion thereof, if under a continuing resolution, is forwarded to the State department of education. If a State has on file with the Secretary of Education, policies and procedures approved by the Secretary that demonstrate that the State meets the requirements, these policies and procedures remain in effect. Amendments to State policies and procedures are required only when a State makes modifications to its polices and procedures, if the provisions of the Act are revised, if there are new interpretations or regulations, or if there is an official finding of noncompliance. Notification of the award is made to Chief State School Officer.

Deadlines: Varies within each State. Submission date is set for April 1 to expedite funding, but plans or amendments are accepted throughout the fiscal year.

Range of Approval/Disapproval Time: Not applicable.

Appeals: The Secretary of Education must give a State educational agency an opportunity for a hearing before taking any action involving the proposed disapproval of a State plan and the withholding of payments. If a State disagrees with a final action, it may, within 60 days after notice of such action, file a petition for review of that action with the U.S. Circuit Court of Appeals. A State may also engage in a hearing with the Secretary of Education if the State disagrees with the action taken regarding a request for a waiver of the Part B supplementing and supplanting requirements.

Renewals: None.

Formula and Matching Requirements: Funds for the 50 States, the District of Columbia, and Puerto Rico, are allotted on the basis of a certified count of the number of children with disabilities aged 3 through 21 years, receiving special education and related services on December 1 of the fiscal year that the grant is made. Funds to the outlying areas are allotted proportionately among them on the basis of their respective need, not to exceed one percent of the aggregate amounts available to the States in a fiscal year, as determined by the Secretary of Education. The Department of the Interior receives 1.226 percent of the total amount available to States. There are non- supplanting and excess cost requirements. The statistical factors used are: 1) The total number of children with disabilities receiving special education (3 through 21 years old) by State: the sources are the unpublished reports from the State educational agencies; 2) the average national per pupil expenditure; and 3) "Revenues and Expenditures," CES. Statistical factors used for eligibility do not apply to this program. This program has maintenance of effort (MOE) requirements. See funding agency for further details.

Length and Time Phasing of Assistance: Grants are issued each fiscal year. Obligation period is a 15 month period from July 1 through September 30 plus a 1-year carryover provision.

Reports: Annual data report and performance reports are submitted to the Department of Education from the State departments of education.

Audits: In accordance with the provisions of OMB Circular No. A- 133 (Revised, June 24, 1997), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $300,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.

Records: All records supporting claims for Federal funds or relating to the accountability of the grantee for the expenditure of such funds must be accessible for administrative review.

Account Identification: 91-0300-0-1-501.

Obligations: (Grants) FY 01 $6,339,685,000; FY 02 est $7,528,533,000; and FY 03 est $8,528,533,000.

Range and Average of Financial Assistance:
In FY 2016, regular annual allotments to States, including DC and Puerto Rico, ranged from $18.5 million to $1.2 billion, with an average award of $218 million. Grants to outlying areas ranged from $4-5 million to $14 million. The Department of Interior received $94 million.

In fiscal year 2001, all eligible State agencies are expected to receive funding and about 6.4 million children are expected to be served.

Regulations were published on August 23, 1977, 34 CFR 300, as amended, March 2, 1999.

Regional or Local Office: None.

Headquarters Office: Gregg Corr Office of Special Education Programs, Department of Education, 400 Maryland Avenue, SW, Washington, District of Columbia 20202 Email: gregg.corr@ed.gov Phone: (202) 245-7309

Web Site Address:  
http://www.ed.gov/about/offices/list/osers/osep/index.html

This is a State-administered program. State educational agencies provide funds to local educational agencies to provide special education and related services to children with disabilities.

The applicants eligible to participate in the program qualify for funding based upon approved policies and procedures. The criteria for approving policies and procedures appear in the regulations for implementation of Part B of the Individuals with Disabilities Education Act, formerly the Education of the Handicapped Act. See 34 CFR 300.