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Blaschke on Federal Funding
Early Intervening Services Update: Large
Districts Are Most Likely to Be Required to Allocate 15 Percent
of IDEA Flow-Through Funds For EIS
As part of our ongoing effort to monitor implementation of the
new Early Intervening Services (EIS) provision of IDEA, we continue
to identify those districts which are required to allocate 15 percent
of their IDEA Park B flow-through funds for EIS. The primary
reason that districts are required to reallocate 15 percent of
IDEA funds for Early Intervening Services is that the district
has “disproportionate over-representation” of minority
students in special education. The purpose of EIS is to reduce
inappropriate placement of minority students in special education
programs by using interventions with students who are having difficulty
with math and reading in hopes that such interventions can remediate
their learning problems, thus reducing the need to place them in
special education. As we have mentioned before, obtaining
the names of districts in states which have been determined to
have disproportionality is extremely difficult because this is
a very sensitive issue.
Unlike Title I allocations, which were made available in a preliminary
fashion in the Spring, USED does not calculate preliminary district
allocations of IDEA funds, nor does the Congressional Research
Service, which usually estimates the funds allocation by state
and district when a new formula is devised for use in determining
allocations. Of the approximate $11 billion of IDEA funding,
approximately $500 million is allocated in a manner different from
last year because of the new formula which takes into account census
data on enrollment and poverty rather than the number of special
education students identified by disability category by district,
as has been the case in previous years. The amount of state
funding for special education which a district receives, however,
continues to be based upon, for the most part, the number of students
identified and placed in special education before December 1 and
are reported in the December 1 “counts” to the SEA.
One of the continuing issues is whether or not the types of interventions
which can be purchased is limited to those that have been approved
for use in Reading First programs. Based upon our discussions
with SEA officials and a review of guidance provided on EIS, only
a limited number of states (such as Alabama and North Carolina)
thus far have limited interventions to those having the “five
essential components” of Reading First or which otherwise
have been approved by the state. Most of the guidance which
we have been able to review cites provisions in the Law referring
to instructional and behavior interventions and/or professional
development interventions that are based upon “scientifically-based
research.” In some states -- such as Florida -- guidance
has not been provided by the state in this area. It would
appear that the criteria for approving a product or professional
development for Reading First would be more likely to be used under
the Response To Intervention (RTI) approach, which districts may
use in lieu of IQ test results, for determining whether a student
should be placed in special education. State guidance has
been delayed in many quarters because the expected publication
of final IDEA regulations initially scheduled for December 2005
has been postponed until May or June 2006.
Firms should take care in deciding what district office to approach
regarding the use of their products or services in district early
intervention programs. In some districts, the office responsible
for actually identifying students and implementing early intervening
services will be a newly-created “office of interventions”;
in other districts, the primary operational responsibility may
be with the district Title I office; and in still other districts,
responsibilities could be delegated the school psychology office
or even to individual school psychologists at the building level. Even
though those districts with disproportionality (i.e., significant
over-representation of minorities in special education programs)
have been told by states that they must allocate 15 percent of
IDEA funds to Early Intervening Services, district special education
directors are often hesitant to do so because they believe students
with disabilities, and who have greater needs, are not having their
needs met.
We will continue to provide periodic updates of developments in
this new fertile area for firms with appropriate instructional
interventions or professional development. If anyone has
any questions about the appropriateness of their products or services,
please contact Charles Blaschke directly
Questions, ideas, or in need of more information?
Please contact Stacey Pusey
at 302-295-8349.
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