VCASE PRESENTATION Annual Plans, Maintenance of Effort (MOE) and Coordinated Early Intervening Services (CEIS) 1 October 7, 2013.

VCASE PRESENTATION

Annual Plans, Maintenance of Effort

(MOE) and

Coordinated Early Intervening Services (CEIS)

1

October 7, 2013

TRACIE COLEMAN

Annual Plans2

Annual Plan Overview

Superintendent’s Memorandum is issued each year around December/January

Link to Annual Plan workbook at the following link: http://www.doe.virginia.gov/info_management/data_collection/special_education/inde

x.shtml

Annual Plans are Due around mid-MayAnnual Plans must be submitted through

OMEGA

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Common Phone Calls

Macros

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Must Enable Macros5

Workbook Populates…….6

Annual Plan Common Mistakes

The Superintendent's Certification Page Missing Superintendent’s Name, Superintendent ‘s Approval Date or

School Board’s Approval Date

LEA Assurances & Certifications General Education Provision Act – Division fails to select IDEA

box or Barriers to Access is selected without providing explanations

611 and 619 Narrative Section Discrepancies between amounts in narrative section vs.

amounts in budget section Division did not address plans for CEIS or PSA or did not state

reasons for not budgeting for CEIS or PSA Based on the Dec. 1, 2012 Child Count, the division was

required to budget for PSA, but did not budget funds

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Other Required Assurances

Maintenance of Effort Compliance Component Collected Outside the Annual Plan, new online

application Eligibility Component will be Collected Within the Annual Plan

Proportionate Set-Aside Collected Outside the Annual Plan, new online application Must identify expenditures in OMEGA

Excess Costs Collected Outside the Annual Plan, new online application

Coordinated Early Intervening Services Collaborative Effort involving Program Improvement, Student Services and

Budget & Finance Must identify expenditures in OMEGA

Use of Federal Funds for Sections 611 and 619 Must be Allowable under federal and state regulations (i.e., EDGAR, OMB

Circulars A-87, etc.,) Allowable uses reviewed through OMEGA

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TRACIE COLEMAN

Maintenance of Effort9

IDEA MOE

IDEA Maintenance of Effort

The Individuals with Disabilities Education Act (IDEA), §300.203, requires the Virginia Department of Education to determine that a school division complies with the maintenance of effort requirement to spend at least the same total amount of either local or local plus state dollars or per capita amount of either local or local plus state dollars for the education of children with disabilities that the school division spent from the same source for that purpose in the previous year.

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IDEA MOE

§ 300.203 Maintenance of Effort.

(b) Standard. (1) Except as provided in paragraph (b)(2).of this section, the SEA must determine that an LEA complies with paragraph (a) of this section for purposes of establishing the LEA's eligibility for an award for a fiscal year if the LEA budgets, for the education of children with disabilities, at least the same total or per capita amount from either of the following sources as the LEA spent for that purpose from the same source for the most recent prior year for which information is available.

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IDEA LEA MOE CALCULATIONS

MOE “tests” specified in §300.203 of the IDEA:

Local expenditures only Local and State combined expenditures Local per pupil expenditure Local and State per pupil expenditure

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IDEA MOE

The primary requisite for reporting expenditures for purposes of determining compliance with IDEA’s MOE requirements is that divisions will only report those expenditures made for students with disabilities for whom the division is legally responsible.

A school division only has to pass ONE of the four Maintenance of Effort tests

The division IS required to pass the same Maintenance of Effort test each year (proposed regulatory change)

MOE must be met for eligibility and compliance purposes

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MOE MET USING TEST 314

NO WAIVERS TO MOE

There are NO WAIVERS of MOE available to an LEA

There are 5 Exceptions to meeting MOE The voluntary departure………. (§204a) Decrease in the enrollment of children with

disabilities(§204b) The termination of the obligation of LEA to provide a

program……. (§204c) The termination of costly long-term purchase…….(§204d) Adjustment to local fiscal efforts in certain fiscal years or

the assumption of cost by the high cost fund operated by the SEA (§205)

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MOE ALLOWABLE EXCEPTION

§300.204aA school division may reduce the level of expenditures below the previous year’s spending if the reduction is attributable to the voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related service personnel.

Retirement Resignation Move Includes savings between high salary of departing

teaching and low salary of new teacher Staff member’s decision to leave

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Refer to MOE Guidance Documents for Additional Information


§300.204a does not includeReduction-In-Force (RIF) or other terminationDoes not include staff transferred to other

positionsDoes not include medical leave

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§300.204b A school division may reduce the level of

expenditures below the previous year’s spending if the reduction is attributable to a decrease in the enrollment of children with disabilities.

If this allowable exception is applicable, it is automatically calculated in the IDEA MOE Web Application

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§300.204cA school division may reduce the level of expenditures below the previous year’s spending if the reduction is attributable to the termination of the obligation of the agency to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the state’s education agency.

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Refer to MOE Guidance Documents for Additional Information


§300.204c Has left the jurisdiction of the agency Reached maximum age No longer needs the program High cost program like private school Any possible exception generated by this

section will be considered on an individual, case by case basis, using the information submitted through the IDEA MOE application, and reviewed by the VDOE prior to approval

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§300.204c Does not include “doing the same for less”. Does not include being “frugal”. VDOE has specific federal guidance that

§300.204c exceptions apply to a specific student, not to a program or a vendor.

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§300.204dA school division may reduce the level of expenditures below the previous year’s spending if the reduction is attributable to the termination of costly expenditures for long-term purchases.

Certain equipment Certain construction costs Certain supplies/material

(software/computers) Certain programs

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§300.204d §300.204d exceptions must be based

on “long-term” purchases; long-term means across two fiscal years.

Does not include “doing the same for less”

Does not include being “frugal”

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§300.205

Under this section of the IDEA regulations, a possible allowable exception to MOE expenditures is addressed,

However

If you use this exception, CEIS is a factor.

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IDEA MOE NOT MET

LEA has not met its MOE requirementVDOE pays back USED using non-federal

fundsLEA pays back VDOEThe level of effort that an LEA must meet in

the year after it fails MOE is the level that it should have met in the prior year

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IDEA MOE 2012-2013

Look out for Superintendent’s Memorandum Issuance for financial data collection

Ensure SSWS Access is AvailableUse the calculator available in the

IDEA MOE Web Application when the collection window is closed

Contact VDOE if additional information or clarification is needed

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Proposed IDEA Regulatory Changes

On September 18 a Notice of Proposed Rulemaking (NPR) on local education agency maintenance of effort was published in the federal register. The link to the NPR is: https://www.federalregister.gov/articles/search?conditions[agency_ids]=126&conditions[publication_date][is]=09%2F18%2F2013&conditions[type]=PRORULE

Comments are needed from this group on where LEAs are experiencing the most problems in implementing the MOE requirements.

Please use the various methods to comment which are listed in the NPR.

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NPR General Purpose – 1

Clarification that the four "tests" for LEA MOE‐ Local funds only, local and state funds either per capita or in total for each‐ are applicable both to eligibility requirements for LEAs to receive funds AND for compliance. The current regulations are unclear if the tests are applicable for both grant eligibility and compliance.

Clarification on the comparison year for using local funds only to comply with the MOE requirement.

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NPR General Purpose – 2

Clarification that LEAs that fail to meet the MOE requirements in a given year are still required to maintain the amount that would have been required in the absence of that failure and not the LEA’s reduced amount.

Clarification of consequences of LEAs not meeting MOE‐ SEA is responsible to pay back funds using non‐federal funds to OSEP; it is optional for SEA to recover from LEAs.

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ANGELA PHENICIE

CEIS Identification30

Significant Disproportionality and

CEIS

IDEA 20 U.S.C § 1418(D) IDEA 20 U.S.C § 1413(F)

What do I do?

What do I do?

Where do I start?

Where do I start?

Yikes, my division has

been identified as significantly

disproportionate!

Yikes, my division has

been identified as significantly

disproportionate!

CEIS…what? CEIS…what?

ARGH!!!!!ARGH!!!!!

Significant Disproportionality

Section 618(d) Section 618(d) of the IDEA and the implementing regulations in 34 CFR §300.646 require States to collect and examine data to determine if significant disproportionality based on race or ethnicity is occurring in the State and the LEAs

of the State.


Significant disproportionality is determined through analysis of data and measurement against established criteria. Significant disproportionality can occur in any of the four following areas:

Identification for special education Identification for specific disability categories Placement of students with disabilities Discipline of students with disabilities



Race/Ethnicity Disability Type Placement Discipline

American Indian or Alaska Native

Emotional Disturbance Regular Class 40% to 79%Duration = suspension or expulsion totaling greater than 10 days

Asian Intellectual Disability Regular Class less than 40%

Type = out of school suspension or expulsion

Black or African American Other Health ImpairmentSeparate School or Residential Facility

Incidence = cumulative # of suspension or expulsion incidents

Hispanic/Latino Specific Learning Disability

Native Hawaiian/ Other Pacific Islander

Autism Spectrum Disorder

Two or more racesSpeech and Language Impairment

White

This requirement is different from the requirement to

determine disproportionate representation based on

inappropriate identification that is reported in the IDEA

State Performance Plan (SPP) and Annual Performance

Reports (APR) in Indicators 9 and 10.


Significant Disproportionality is based on data NOT on a district’s policies, procedures, and practices.

Significant Disproportionality is not a State Performance Plan Indicator.


Disproportionate Representation

The focus is on identification only

A State monitoring priority. Relates to Indicators 9 & 10 of State Performance Plan and Annual Performance Report

State must do more than just examine numerical information

State must use monitoring data, and review of policies, practices, and procedures to determine if disproportionate representation results from inappropriate identification

Focuses on over-representation and under-representation



The focus is on identification, placement, and disciplinary actions

State must annually identify LEAs having significant disproportionality and notify LEAs

Significant disproportionality is determined by a numerical examination of data only

If significant disproportionality is identified, State must order LEA to reserve 15% for CEIS; provide for the review and revision of policies, practices, and procedures; and require the LEA to publicy report on any revision

Focuses on over-representation only


States must:

Provide for the review and revision (if appropriate)of policies, procedures, and practices used in identification or placemen of children;

Require LEAs to use 15% of the IDEA funds for Coordinated Early Intervening Services (CEIS); and

Publicly report on the revision of policies, practices, and procedures.

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TOM MANTHEY

CEIS Program Planning40

Purpose ofCoordinated Early Intervening Services (CEIS)

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Purpose ofCoordinated Early Intervening Services (CEIS)

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Requirements43

Requirements44

Allowable & Impermissible Costs45

Annual CEIS Plan46

Questions & Answers47

Contact Information

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Tracie Coleman804-225-2704

[email protected]

Angela Phenicie804-371-7582

[email protected]

Tom Manthey804-225-4024

[email protected]

VCASE PRESENTATION Annual Plans, Maintenance of Effort (MOE) and Coordinated Early Intervening Services (CEIS) 1 October 7, 2013.

Documents

annual plan workbook

idea box

maintenance of effort

local plus state dollars

education of children

state regulations

school division

local expenditures onlylocal