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Note: The regulations for Part B of IDEA 2004
are complete. Part B regulatory citation below reflects changes per IDEA 2004 in
accordance with the Rules and Regulations dated August 14, 2006. The regulations
for Part C are pending. Therefore, Part C continues to operate under current (1999)
regulations.
The Individuals with Disabilities Education Act (IDEA)
provides financial assistance to states and territories to sustain comprehensive
systems of services for all eligible individuals with disabilities birth through
21 years of age. Two major sections of the law focus financial assistance for
serving children birth through age 5:
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The Early Intervention Program for Infants and Toddlers with Disabilities
(Part C of IDEA)
Federal funds are allocated annually to an agency identified by the
state/territory as the lead agency for administering the Part C program to
support the provision of services to infants and toddlers with
disabilities, ages birth to 3, and their families. Specific regulations related to
financial matters include:
- The formula by which the annual federal appropriation for Part C
is allocated among the states/territories – Sec. 303.200-204.
- Federal Policies and Procedures related to use of federal funds
and other financial matters under 303.520-528.
- Required assurances concerning the use of federal funds – 303.122-126,
303.143.
- Other regulatory statements related to finance, including: use of funds by the Lead Agency –
303.144 and 303.560; covering the cost of mediation – 303.419 (b)(3); use of funds by the ICC –
303.602.
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The Preschool Grants Program (Section 619 of Part B of IDEA). Federal funds are allocated to
the state education agency in each state/territory to support the provision of
special education and related services to individuals with disabilities between
the ages of 3 through 5. Specific regulations related to financial matters are
contained in both general regulations for Part B and in specific regulations for
Section 619. Part B regulations related to financing (See also Section 619
regulations below):
- Formula and policies for allocating the federal Part B and Section
619 annual appropriation among states/territories, including: how to allocate
subsequent increases or decreases in the annual appropriation and how to
determine the maximum amount a state/territory may receive and specifics
on state level activities - 300.700-704.
- Formula and policies for allocating Part B funds to Local
Education Agencies (LEAs), including: the formula for determining the base amount each
LEA receives, the formula for allocating to LEAs any funds remaining after the
base amounts have been allocated, procedures for making adjustments in LEA
allocations if a new LEA is created or two or more LEAs are combined, and the
reallocation of Part B funds when an LEA does not need its Part B allocation in
order to provide FAPE – 300.705.
- Formula and policies for allocating Part B funds to the Secretary
of the Interior and to outlying areas and freely associated states, including:
the percent of total Part B allocation to be set aside for the Secretary of the
Interior (1.226 %) and for the outlying areas and freely associated states (not more than
1 %) – 300.707-717.
Specific information on payments for education and services for Indian
children with disabilities aged three though five - 300.712.
- Assurances required of the state/territory in order to receive its
annual allocation of Part B funds, including: a prohibition against commingling
Part B funds and state funds, a prohibition against using Part B funds to
supplant other federal, state, or local funds, a requirement for the state not
to reduce the amount of its support for special education and related services,
and requirements for reporting how Part B funds are being used -
300.162-164.
- Assurances required of LEAs in order to
receive Part B funds from the state, including appropriate use of Part B funds,
non-supplanting, maintenance of effort, and provisions for using Part B funds to
support school wide programs related to the Elementary and Secondary Education
Act (ESEA) under certain conditions – 300.200-206.
- Use of Part B funds, including: the identification of allowable
costs and the funding of capacity building and improvement efforts through
subcontracts – 300.208.
- Other statements related to finance, including: payments by the
SEA for direct services to children – 300.175,
300.227,
and SEA flexibility to adjust state fiscal effort in certain fiscal years -
300.230.
Section 619 regulations related to financing (See also Part B regulations above):
- Allocation of Section 619 funds to states/territories,
including procedures for allocating any increases in the annual Section 619
appropriation and for making adjustments if the annual allocation decreases, -
301.806-810.
- Use of Section 619 funds for state level activities and
administration, including what portion of the annual Section 619 allocation may
be retained for use at the state level and how it may be used –
301.812-814.
- Allocation of Section 619 funds to LEAs,
including how to determine the base payment to each LEA, making adjustments to
the base payment in subsequent years, and how to allocate any funds remaining
after the base payment to each LEA has been allocated – 301.816-817.
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