Section 619 Finance Regulations
The Part B regulatory citations below reflect 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 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.