FLORIDA DEPARTMENT OF EDUCATION. Request for Application

FLORIDA DEPARTMENT OF EDUCATION Request for Application Bureau/Office Division of Public Schools, Bureau of Exceptional Education and Student Services (BEESS) Program Name Grants to States, Individuals with Disabilities Education Act of 2004 (IDEA) Specific Funding Authorities Public Law 108-146, Individuals with Disabilities Education Act of 2004 (IDEA), Part B, Section 611, CFDA # 84.027A and IDEA, Part B, Preschool, Section 619, CFDA #84.173A Funding Purpose To ensure that all children with disabilities ages 3 through 21 have the right to a free appropriate public education designed to meet their individual needs and prepare them for employment and independent living. Funds shall be used to supplement the excess costs of providing special education and related services to students with disabilities. Type of Award Entitlement Total Funding Amount IDEA, Part B: $565,600,302; IDEA, Part B, Preschool: $13,804,783 (See attached distributions by district/agency) Budget and Program Performance Period July 1, 2014 through June 30, 2015 Target Population Students with disabilities ages 3 through 21 (IDEA, Part B) and ages 3 through 5 (IDEA, Part B, Preschool) Eligible Applicants Florida school districts, university research schools, and other agencies providing educational programs and services to students with disabilities. Application Due Date Tuesday, July 1, 2014 For an effective date of July 1, applicants must submit a completed application electronically on or before Tuesday, July 1, 2014, and mail a completed and signed DOE 100, which must be received in Office of Grants Management (OGM) by close of business (5:00 p.m. EDT) on July 1, 2014. If either of these two items is received AFTER July 1, awards will become effective on the date for which the last item is received in the OGM, or the date of the award of federal funds by the U.S. Department of Education, whichever occurs later. Facsimile and e-mail submissions will not be accepted. 1

Contact Persons BEESS Virginia Sasser, Program Specialist; 850/245-0475; Fax 850/245-0953; E-mail: virginia.sasser@fldoe.org OGM Jeannette Hume, Program Specialist; 850/245-0496; Fax: 850/245-0719; E-mail: jeannette.hume@fldoe.org General Assurances The Florida Department of Education (DOE) has developed and implemented a document entitled, General Terms, Assurances, and Conditions for Participation in Federal and State Programs, to comply with 34 CFR 76.301 of the Education Department General Administration Regulations (EDGAR) which requires local educational agencies to submit a common assurance for participation in federal programs funded by the U.S. Department of Education; applicable regulations of other Federal agencies; and state regulations and laws pertaining to the expenditure of state funds. In order to receive funding, applicants must have on file with the DOE Office of the Comptroller, a signed statement by the agency head certifying applicant adherence to these General Terms, Assurances, and Conditions for Participation in State or Federal Programs. The complete text may be found at http://www.fldoe.org/comptroller/gbooksectiond.asp. School Districts, Community Colleges, Universities and State Agencies The certification of adherence filed with the DOE Comptroller s Office shall remain in effect indefinitely unless a change occurs in federal or state law, or there are other changes in circumstances affecting a term, assurance, or condition; and does not need to be resubmitted with this application. Other Assurances Applicable to IDEA Applicants must also certify compliance with additional federal regulations as defined in U.S. Code and IDEA of 2004 law. Some assurances require that the applicant provide an explanation or description in narrative form. Examples of the certification of compliance to these requirements are provided on pages 12 through 17 of this document. NOTE: The assurances forms attached to this document should not be used to prepare your application. All assurances are contained in the web-based application submitted electronically. Funding Method CARDS - Cash Advance and Reporting of Disbursements System Web-based reporting required monthly to record expenditures. Federal cash advances will be made by state warrant or electronic funds transfer (EFT) to a recipient for disbursements. For federally-funded projects, requests for federal cash advance must be made on the CARDS - Cash Advance and Reporting of Disbursements System. If at times it is determined that disbursements are going to exceed the amount of cash on hand plus cash in transit, an online amendment can be made prior to the due date of the next Federal Cash Advance distribution on the CARDS System. Fiscal Requirements IDEA, Part B, funds shall be used for the excess costs directly attributable to programs that provide a free appropriate public education (FAPE) to children with disabilities and meet the full educational opportunity goal for all children with disabilities through activities designed to increase the level, intensity, and quality of services provided to individual children with disabilities. IDEA, Part B, Preschool funds shall be used to support instruction in public or nonpublic preschool or day care programs or through cooperative efforts among school district and/or agencies. These funds must be directly attributable to the education of children with disabilities ages 3 through 5. Funds may also be used to provide services to 2-year-old children with disabilities who will reach age 3 during the school year, so long as the district ensures provision of a free appropriate public education, as defined in IDEA, Part B. 2

As required by Florida law, section 1010.20, F.S., school districts must expend a minimum of 90% of the funds generated for exceptional student education programs through the Florida Education Finance Program (FEFP) for school-level costs aggregated for all such programs. In addition, such costs must be reported in accordance with requirements of this law, Florida Education Finance Act of 1973, and procedures defined in the Financial and Program Cost Accounting and Reporting for Florida Schools, ( Red Book ). Federal law requires compliance with maintenance of effort (MOE) by ensuring that the level of state and local expenditures for the education of children with disabilities is not reduced below the level of those expenditures for the preceding fiscal year. IDEA permits flexibility for districts to adjust their local fiscal efforts in certain fiscal years or reduce their MOE by replacing state and local funds by up to 50% of the increase in IDEA, Part B funds over the previous fiscal year. Districts planning to use this provision during the FY 2014-15 should consider the following: When calculating 50% of the increase, this applies ONLY to Part B funds, not Preschool funds. Districts required to set-aside Part B funds for CEIS for FY 2014-15 as a result of disproportionate data are prohibited from using this provision. Districts must receive from BEESS a Meets Requirements determination for the current year, in order to use this provision. The amount of local funds a district uses must be equal to the reduction in expenditures under the provision to carry out activities that could be supported with funds under Elementary and Secondary Education Act (ESEA), regardless of whether the district is using funds under the ESEA for those activities. When this provision is used, MOE for future years is reduced consistent with the reduction taken, unless the district increases the amount of its state and local expenditures on its own. When a district seeks to reduce local MOE at the same time Part B funds are used voluntarily for Coordinated Early Intervening Services (CEIS), caution must be exercised as these provisions are interrelated. See further guidance provided on page 18 of this document. All funded projects and any amendments are subject to the procedures outlined in the Project Application and Amendment Procedures for Federal and State Programs (Green Book) and the General Assurances for Participation in Federal and State Programs, which may be accessed online at http://www.fldoe.org/comptroller/gbook.asp. Current amendment request forms (DOE 150 and DOE 151) are also available online by using ONE of the following links: http://www.fldoe.org/grants/gform.asp or http://www.fldoe.org/ese/granhome.asp. Charges to federal projects for personnel costs, whether treated as direct or indirect costs, will be based on payrolls documented in accordance with generally accepted accounting principles implemented by the fiscal agent and approved by responsible official(s) of the agent. Appropriate records must be kept that substantiate an equitable distribution of time and effort by fund source. Employees working under multiple grant programs must maintain time and effort reports or personnel activity reports (PARS) reflecting after-the-fact distribution of actual activities at least monthly, to coincide with pay periods. Employees working under one grant program must certify semi-annually that he/she worked solely on the program for the period covered by the certification. For more information concerning required documentation for appropriate fiscal entities, see Cost Principles for State, Local, and Indian Tribal Governments, OMB Circular A-87 or Cost Principles for Educational Institutions, OMB Circular A-21 which may be accessed using the following link: http://www.whitehouse.gov/omb/circulars_default/. Budgets should provide sufficient information for reviewers located in both the program office and grants management to understand the nature of and the reason for all budgeted items. All budgeted items should be supplemental and 3

benefit the program, either indirectly or directly, to ensure provision of services for students with disabilities is met. When funds are set aside for coordinated early intervening services (CEIS) or for providing equitable services to parentally-placed private school students with disabilities under the proportionate share requirement, budget items should describe ONLY those costs permissible for those specific purposes. NOTE: As an option, applicants may include in budgets any estimated roll funds. Once the Comptroller has certified the ACTUAL amount of roll, any estimated roll funds already in the approved budget will be available to recipients, provided there are no remaining funds to be amended. Any roll funds NOT included in the initial estimate will require submission of an amendment request. IDEA does not limit the amount or percentage of roll forward funds a recipient carries forward to a second fiscal year. However, recipients should plan to fully satisfy roll forward funds by the end of the carry forward year. To fully satisfy roll, the final report of expenditures must document that recipients at least met or exceeded the amount of roll for the respective program. Indirect costs shall only apply to federal projects. The Florida Department of Education has been given authority by the U.S. Department of Education to negotiate indirect cost proposals and to approve indirect cost rates for school districts. School districts are not required to develop an indirect cost proposal and, if they fail to do so, they will not be allowed to recover any indirect costs. Amounts from zero to the maximum negotiated rate may be approved for a program or project by the Florida Department of Education. For further information see page D-12 of the Green Book using the following link: http://www.fldoe.org/comptroller/doc/gbsectiond.doc. For federally-funded projects with universities, colleges, and community colleges, the DOE will allow an indirect cost rate of up to 5%. All project recipients must submit a completed DOE 399 form, Final Project Disbursement Report, by the date specified on the DOE 200 form, Project Award Notification. Fiscal agent is responsible for maintaining all accounts, records, and other supporting documentation pertaining to all costs incurred for these projects. Supporting documentation for expenditures is required for all funding methods. Examples of documentation include: invoices with check numbers verifying payment, and/or bank statements; all or any of which must be available upon request. All accounts, records, and other supporting documentation pertaining to all costs incurred shall be maintained for five years. According to Executive Order 11-02, the employment of unauthorized aliens by any contractor is considered a violation of Section 274A (e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. In addition, pursuant to Executive Order 11-02, the Contractor will utilize the E-verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of (a) all persons employed during the Contract term by the Contractor to perform employment duties within Florida; and, (b) all persons (including subcontractors) assigned by the Contractor to perform work pursuant to this Contract. NARRATIVE SECTION Coordinated Early Intervening Services (CEIS) Voluntary or Required Applicants planning to implement a coordinated early intervening services (CEIS), either voluntarily or required as a result of disproportionate data, must include the following: Describe in narrative form the proposed plan to carry out these programs and services, including population of students for which plan is focused and the expected outcome. Part B budgets must include 4

Line items describing how funds will be used under CEIS. Line items appropriately coded for all CEIS set-asides and should NOT include activities or personnel providing benefit to students with disabilities. NOTE: When districts are required to implement CEIS, the maximum amount of Part B funds a district must set-aside and expend for CEIS is calculated by multiplying the sum of the Part B and Preschool allocations by.15. Support for Strategic Plan and Reading, Math, and Science Initiatives Describe how the project will incorporate one or more of the strategic goals of Florida s State Board of Education Strategic Plan for 2012-2018 and how the project will address the reading, math, and science initiatives. Include in your explanation targeted State Performance Plan (SPP) Indicators. For further guidance, use the following URLs for more information: http://www.fldoe.org/board/meetings/2012_10_09/strategicv3.pdf, http://www.justreadflorida.com, and http://www.fldoe.org/bii/oms.asp. Reporting Outcomes Data measuring districts progress toward positive outcomes for students with disabilities will be reported to the Department annually through the electronic student database and other data collection methods. These data are used to measure whether Florida has met rigorous targets of Florida s State Performance Plan indicators and are reported in Florida s Annual Performance Report (APR) to the Office of Special Education Programs (OSEP) on February 1. General Education Provisions Act (GEPA) In accordance with the requirements of Section 427 of the General Education Provisions Act (GEPA), Public Law 103-382, applicants must describe in narrative form how equitable access to and participation in its programs for students, teachers, and other program beneficiaries with special needs will be provided. For more information concerning this requirement, use the following URL: http://www.ed.gov/fund/grant/apply/appforms/gepa427.doc. Private School Consultation IDEA 2004 requires that LEAs (districts) provide timely and meaningful consultation with private school representatives and conduct a thorough child find process. A proportionate amount of IDEA funds must be spent to provide services to children with disabilities enrolled by their parents in private schools located in their district. In addition to attesting to compliance with this requirement, applicants (school districts only) are required to provide an explanation of the consultation process designed to meet these specific requirements of IDEA. Narratives should include a description of the district s consultation process which addresses the following criteria: how eligible students who are enrolled in non-profit private schools are identified; how private school representatives and parents of children with disabilities are informed of the process; how decisions are made with regard to services offered in the consultative agreement; how this information (consultative agreement) is shared with private schools and parents; and how affirmations are obtained from representatives of private schools. NOTE: Narratives must provide detail unique to the applicant district. Please avoid using template or generic language to demonstrate this requirement was met. Proportionate Share for Parentally-Placed Private School Students (PPPSS) Applicants will provide counts of eligible students with disabilities in the school district based on the survey 2 data (October 2013) and data collected from eligible non-profit private schools during the same time period of survey 2. Part B and Preschool proportionate share amounts are automatically calculated following the successful completion of the proportionate share worksheets included in the online application. 5

NOTE: Proportionate share set-asides are identified in the budgets using special coding. Budget items must describe ONLY those special education and related services appropriate for satisfying this equitable services requirement. Costs associated with conducting child find, including reevaluations, are NOT applicable costs charged to IDEA proportionate share. Proportionate Share Expenditures for Parentally-Placed Private School Students (PPPSS) Applicants will be required to provide the following proportionate share information: A brief description of how funds were used during FY 2013-14 to carry out this provision. The total amount of Part B and Preschool proportionate share funds expended during FY 2013-14. The amount of unexpended FY 2013-14 proportionate share funds carried forward for use in FY 2014-15. Support to Charter Schools To ensure compliance with IDEA regulations, applicants must describe how students with disabilities enrolled in its charter schools benefit from IDEA funds in the same manner as students with disabilities in its other public schools. Conditions for Acceptance To be considered for eligibility, applicants must submit electronically through the web-based application the following required application forms and narratives on or before Tuesday, July 1, 2014: Project Application Form (DOE 100) Budget Narrative Forms (DOE 101) Separate budgets will be prepared for each program, Part B and Preschool, for which funds are being requested IDEA General and Special Assurances Permissive Use of Funds (as applicable) Incidental Benefits to Nondisabled Students Coordinated Early Intervening Services (Disproportionate) Coordinated Early Intervening Services (Voluntary) Administrative Case Management Project Narratives Support for Strategic Plan and Reading, Math, and Science Initiatives General Education Provisions Act Private School Consultation Proportionate Share Worksheets (Part B and Preschool) Proportionate Share Expenditures Support to Charter School Adjustment to MOE NOTE: It is recommended that applicants print a copy of the entire application following electronic submission and retain a copy for your files. Eligibility is also contingent upon submitting two copies of the signed DOE 100, ONE copy with an original signature, to Grants Management on or before close of business (5:00 p.m. EDT) Tuesday, July 1, 2014. Office of Grants Management Florida Department of Education 325 W. Gaines Street, Room 332 Tallahassee, Florida 32399-0400 6

NOTE: Applications signed by officials other than the appropriate agency head must have a letter signed by the agency head, or documentation citing action of the governing body delegating authority to the person to sign on behalf of said official. Attach the letter of documentation to the DOE 100 when submitting application. One of the two copies of the DOE 100 must bear an original signature. It is recommended that the signature is in an ink color other than black so reviewers can determine which form contains the ORIGINAL signature. The original and copy may be stapled, no other binding will be accepted. Failure to submit electronically the web-based version and a signed DOE 100 to Grants Management by the July 1 deadline will result in a later beginning date for projects. Substantially approvable form will be met ONLY after BOTH requirements have been satisfied. Completed applications will become effective the date of receipt in Grants Management, or the date of the award by the U.S. Department of Education, whichever occurs later. Method of Review Applications will be reviewed to ensure applicants have provided sufficient information on the DOE 100. The total amount(s) requested and approved by the district superintendent on the DOE 100 must match the total amount(s) budgeted through the electronic application. Budget items must align with the general purpose of these funds and meet the state and federal requirements as allowable costs to the IDEA program. Applicants required to set-aside 15% of Part B funds to implement a Coordinated Early Intervening Services (CEIS) must identify appropriate line items in the Part B budget, which support activities described in the CEIS narrative. The sum of these items must equal the required amount to set-aside. All narratives required by this program must adequately respond to the requirements, as stated in the RFA. Assurances for IDEA general and special assurances have been completed, including applicable narratives required for some assurances. Applicants will be contacted by BEESS staff when additional documentation is required to complete the program review. Following the program review by BEESS, a final technical review is conducted by OGM staff before the awards are issued. Attachments Attached forms are for demonstration purposes ONLY. Applicants will complete ALL forms using the online application. DOE 100 DOE 101 General and IDEA Special Assurances Specific Assurances IDEA, Part B and IDEA, Part B, Preschool Distributions 7

Florida Department of Education Project Application TAPS Numbers 1. 15C001 2. 15C002 Please return to: Florida Department of Education Bureau of Grants Management Room 332 Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400 Telephone: (850) 245-0498 A) Name and Address of Eligible Applicant: DOE USE ONLY Date Received B) Applicant Contact Information Contact Name: Mailing Address: Telephone Number: E-mail Address: Fax Number: C) Program Name (1) IDEA, Part B Project Number: (DOE Assigned) C) Program Name (2) IDEA, Part B, Preschool Project Number: (DOE Assigned) $ D) Total Funds Requested: $ D) Total Funds Requested: $ Total Approved Funds: (DOE USE ONLY) $ Total Approved Funds: (DOE USE ONLY) CERTIFICATION I,, (Please Type Name) do hereby certify that all facts, figures, and representations made in this application are true, correct, and consistent with the statement of general assurances and specific programmatic assurances for this project. Furthermore, all applicable statutes, regulations, and procedures; administrative and programmatic requirements; and procedures for fiscal control and maintenance of records will be implemented to ensure proper accountability for the expenditure of funds on this project. All records necessary to substantiate these requirements will be available for review by appropriate state and federal staff. I further certify that all expenditures will be obligated on or after the effective date and prior to the termination date of the project. Disbursements will be reported only as appropriate to this project, and will not be used for matching funds on this or any special project, where prohibited. Further, I understand that it is the responsibility of the agency head to obtain from its governing body the authorization for the submission of this application. E) Signature of Agency Head DOE 100B Rev. 08/13 Pam Stewart, Commissioner 8

Instructions for Completion of DOE 100B A. Enter name and mailing address of eligible applicant. The applicant is the public or non-public entity receiving funds to carry out the purpose of the project. B. Enter requested information for the applicant s contact person. This is the person responsible for responding to all questions regarding information included in this application. C. If not pre-printed, enter name of program(s) for which funds are requested in this project. D. Enter the total amount of funds requested for each program in this project. E. The original signature of the appropriate agency head is required. The agency head is the school district superintendent, university or community college president, state agency commissioner or secretary, or the president/chairman of the Board for other eligible applicants. Note: Applications signed by officials other than the appropriate agency head identified above must have a letter signed by the appropriate agency head, or documentation citing action of the governing body delegating authority to the person to sign on behalf of said official. Attach the letter or documentation to the DOE 100B when the application is submitted. DOE 100B Rev. 08/13 Pam Stewart, Commissioner 9

TAPS Number A) B) Name of Eligible Recipient: Project Number: (DOE USE ONLY) (1) FUNCTION (2) OBJECT FLORIDA DEPARTMENT OF EDUCATION Budget Narrative Form (3) ACCOUNT TITLE AND NARRATIVE (4) FTE POSITION (5) AMOUNT C) TOTAL $ DOE 101 Rev. 08/13 Pam Stewart, Commissioner 10

Instructions Budget Narrative Form This form should be completed based on the instructions outlined below, unless instructed otherwise in the Request for Proposal (RFP) or Request for Application (RFA). A. Enter Name of Eligible Recipient. B. (DOE USE ONLY) COLUMN 1 FUNCTION: SCHOOL DISTRICTS ONLY: Use the four digit function codes as required in the Financial and Program Cost Accounting and Reporting for Florida Schools Manual. Column 2 OBJECT: SCHOOL DISTRICTS: Use the three digit object codes as required in the Financial and Program Cost Accounting and Reporting for Florida Schools Manual. COMMUNITY COLLEGES: Use the first three digits of the object codes listed in the Accounting Manual for Florida s Public Community Colleges. UNIVERSITIES AND STATE AGENCIES: Use the first three digits of the object codes listed in the Florida Accounting Information Resource Manual. OTHER AGENCIES: Use the object codes as required in the agency s expenditure chart of accounts. COLUMN 3 - ALL APPLICANTS: ACCOUNT TITLE: Use the account title that applies to the object code listed in accordance with the agency's accounting system. NARRATIVE: Provide a detailed narrative for each object code listed. For example: SALARIES - describe the type(s) of positions requested. Use a separate line to describe each type of position. OTHER PERSONAL SERVICES describe the type of service(s) and an estimated number of hours for each type of position. OPS is defined as compensation paid to persons, including substitute teachers not under contract, who are employed to provide temporary services to the program. PROFESSIONAL/TECHNICAL SERVICES - describe services rendered by personnel, other than agency personnel employees, who provide specialized skills and knowledge. CONTRACTUAL SERVICES AND/OR INTER-AGENCY AGREEMENTS - provide the agency name and description of the service(s) to be rendered. TRAVEL - provide a description of each type of travel to be supported with project funds, such as conference(s), in district or out of district, and out of state. Do not list individual names. List individual position(s) when travel funds are being requested to perform necessary activities. CAPITAL OUTLAY - provide the type of items/equipment to be purchased with project funds. INDIRECT COST - provide the percentage rate being used. Use the current approved rate. (Reference the DOE Green Book for additional guidance regarding indirect cost.) COLUMN 4 MUST BE COMPLETED FOR ALL SALARIES AND OTHER PERSONAL SERVICES. FTE - Indicate the Full Time Equivalent (FTE based on the standard workweek for the type of position) number of positions to be funded. Determine FTE by dividing the standard number of weekly hours (e.g., 35 hours) for the type of position (e.g., teacher aide) into the actual work hours to be funded by the project. COLUMN 5 AMOUNT - Provide the budget amount requested for each object code. C. TOTAL - Provide the total for Column (5) on the last page. Must be the same amount as requested on the DOE 100A or B. DOE 101 Rev. 08/13 Pam Stewart, Commissioner 11

GENERAL AND IDEA SPECIAL ASSURANCES Child Find In accordance with 20 U.S.C. 1412(a)(3) and 34 CFR 300.111, districts shall ensure that all children residing within its jurisdiction, including children with disabilities who are homeless or are wards of the state and children with disabilities attending private schools, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated and a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services. Carry out screening, referral, and student evaluation procedures as required by 6A-6.0331, FAC, and as described in the currently approved Exceptional Student Education Policies and Procedures document ensuring that all children residing within the jurisdiction of the district and who are in need of special education and related services are identified, located, and evaluated. These procedures will be carried out in collaboration with the Florida Diagnostic and Learning Resources System (FDLRS). Cooperate with the Department of Health Early Steps for IDEA, Part C, child find activities to ensure that all infants and toddlers with disabilities, ages birth through two are identified, located, and evaluated, and receive appropriate transition services. Free and Appropriate Public Education (FAPE) In accordance with 20 U.S.C. 1412 (a)(1) and 34 CFR 300.101-300.108, a free appropriate public education is available to all children with disabilities residing in the school district between the ages of 3-21, inclusive, including children with disabilities who have been suspended or expelled, and/or are being served in an alternative program. Also in accordance with 1003.52, Florida Statutes, provision of services includes appropriate program of instruction and special education services for students with disabilities in Department of Juvenile Justice (DJJ) programs. Full Educational Opportunity Goal A goal of providing full educational opportunity to all children with disabilities according to 20 U.S.C. 1412(a)(2) and 34 CFR 300.109 300.110, and as stated in Florida s State Improvement Plan is supported and endorsed by the district. Personnel Development All personnel necessary to carry out IDEA, Part B are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities subject to the requirements of 34 CFR 300.156 and 2122 of ESEA as authorized by 20 U.S.C. 1412(a)(3) and 34 CFR 300.207. 12

GENERAL AND IDEA SPECIAL ASSURANCES Procedural Safeguards Policies and procedures have been adopted which provide procedural safeguards for children with disabilities and their parents as required by 34 CFR 300.500 300.536 and in accordance with U.S.C. 1412(a)(6) and 34 CFR 300.121. Least Restricted Environment In accordance with 20 U.S.C. 1412(a)(5) and 34 CFR 300.114 300.120, to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Use of Funds and Maintenance of Effort (MOE) Assures compliance with federal regulations 20 U.S.C. 1413 (a)(2)(a)(i)-(iii) and 34 CFR 300.202(a)(2), as specified in Project Application and Amendment Procedures for Federal and State Programs Administered by the Florida Department of Education, (Green Book)" that funds shall be used only to pay the excess costs of providing special education and related services to children with disabilities; shall be used to supplement state, local, and other federal funds and not to supplant such funds; and shall not be used to reduce the level of expenditures for the education of children with disabilities made by the district from local funds below the level of expenditures for the preceding fiscal year. Annual Reporting of Children Served Assures compliance with 20 U.S.C. 1418 (a)(1)(a) and 34 CFR 300.211 and 300.641 to provide to the Department of Education an accurate unduplicated count of children with disabilities served by the school district on date certain of the October survey period. Any subsequent adjustments shall be made within the nine-month period following the specified collection date. Confidentiality of Information Assures compliance with 20 U.S.C. 1412 (a)(8) and 34 CFR 300.623 to protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. 13

GENERAL AND IDEA SPECIAL ASSURANCES Children with Disabilities Enrolled by Their Parents in Private Schools Assures compliance with 20 U.S.C. 1412 (a)(10) and 34 CFR 300.130 300.148, as follows: Child find activities to locate, identify, and evaluate all parentally-placed private school children with disabilities shall be similar to those activities undertaken for public school children and designed to ensure the equitable participation of parentally-placed private school children with disabilities. Consultation with representatives of private schools shall be undertaken in a timely and meaningful manner to determine the number of parentally-placed private school children with disabilities. This child count shall be used to determine the amount the district shall expend for providing special education and related services to private school children with disabilities in the subsequent fiscal year. A proportionate share of the district s total annual award under IDEA, Part B, and IDEA, Part B, Preschool shall be expended on special education and related services for parentally-placed private school children. Expenditures for child find activities, including individual evaluations, shall not be considered when determining whether the district has met its obligation. NOTE: Total proportionate share is calculated by multiplying the total district allocation by the ratio of eligible private school students to the total number of eligible private and public students. (IDEA, Part B, and IDEA, Part B, Preschool amounts are calculated separately using the student count by eligible age group.) On an annual basis each district shall provide to the Florida Department of Education the number of parentally-placed private school children evaluated, determined eligible, and served under IDEA. The consultation process shall include a discussion with representatives of the private schools regarding the provision of services, including how, where, and by whom special education and related services will be provided. If the district disagrees with the private school officials with respect to the provision of services or types of services, the school district shall provide to the private school officials written explanation of the reasons why the district chose not to provide services through a contract. After timely and meaningful consultation has occurred, school districts shall obtain written affirmation signed by the representatives of participating private schools. If representatives do not provide affirmation within a reasonable length of time, the district shall forward documentation of the consultation process to the Florida Department of Education. Treatment of Charter Schools Assures compliance with 20 U.S.C. 1413 (a)(5) and 34 CFR 300.209, as follows: School districts shall ensure that children with disabilities attending charter schools are served in the same manner as they serve children with disabilities in their other schools, including providing supplementary and related services onsite at the charter schools to the same extent to which districts have a policy or practice of providing such services onsite to their other public schools. School districts shall provide IDEA funds to charter schools on the same basis as they provide funds to their other public schools, including proportional distribution based on relative enrollment of children with disabilities, and at the same time other federal funds are distributed to their other public schools, consistent with the state s charter school law. 14

GENERAL AND IDEA SPECIAL ASSURANCES Permissive Use of Funds Services and aids that also benefit nondisabled children. Funds may be used for the costs of providing special education and related services, and supplementary aids and services provided in a regular class or other educationrelated setting to a child with a disability in accordance with the child s IEP, where nondisabled children benefit from these services. Identify applicable services and aids in which a nondisabled child may derive incidental benefit. (20 U.S.C. 1413 (a)(4)(a)(i) and 34 CFR 300.208(a)(1)) Coordinated Early Intervening Services (Required). When an LEA has been determined to have disproportionate data by race/ethnicity with respect to the 1) identification of children with disabilities, 2) placement of these children in particular educational settings, and 3) disciplinary actions, including suspensions and expulsions, the SEA must require that the district reserve the maximum allowed for intervening services (15%) to provide comprehensive coordinated early intervening services to serve children in the LEA, particularly, but not exclusively, children in those groups that were significantly overidentified. LEAs must publicly report on the revision of policies, practices, and procedures with respect to identification, placement, and disciplinary actions taken of these children. (Note: Districts for whom this applies have been notified about this requirement.) Describe use of funds, if applicable. (20 U.S.C. 1418 (d)(2) and 34 CFR 300.646) Coordinated Early Intervening Services (Voluntary). No more than 15% of funds may be used to develop and implement activities that support coordinated early intervening services for students in grades K-12 who have not been identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment. In addition to direct services to students, activities may include professional development for teachers to support delivery of scientifically-based academic instruction and behavioral interventions. Annual reports identifying the number of children served and the number of children served who subsequently received special education and related services are required. (Note: The amount of funds expended by the district for early intervening services shall count toward the maximum amount of expenditures the district may reduce under this flexibility rule.) Describe use of funds, if applicable. (20 U.S.C. 1413 (a)(4)(a)(ii) and 20 U.S.C. 1413 (f)(1)-(4) and 34 CFR 300.208 and 300.226) Administrative case management. Funds may be used to purchase appropriate technology for recordkeeping, data collection, and related case management activities of teachers and related services personnel providing services described in the IEP that is necessary for the implementation of such case management activities. Describe use of funds, if applicable. (20 U.S.C. 1413 (a)(4)(b) and 34 CFR 300.208(b) 15

GENERAL AND IDEA SPECIAL ASSURANCES Schoolwide Programs Under Title I of the ESEA Funds may be used to carry out a schoolwide program under section 1114 of the ESEA of 1965, according to 20 U.S.C. 1413 (a)(2)(d) and 34 CFR 300.206. Funds shall not exceed the number of children with disabilities participating in the schoolwide program multiplied by the amount of funds allocated for the fiscal year divided by the number of children with disabilities in the district. Adjustment to Local Fiscal Effort IDEA permits districts to adjust their local fiscal efforts in certain fiscal years or reduce their MOE by replacing state and local funds by up to 50% of the increase in IDEA, Part B funds over the previous fiscal year. If this option is employed, districts must ensure that this reduction in general revenue expenditures will not adversely affect their ability to provide children with disabilities a free appropriate public education. NOTE: The amount of funds expended by the district for coordinated early intervening services shall count toward the maximum amount of expenditures the district may reduce under this flexibility rule. (20 U.S.C. 1413 (a)(2)(c)(i) and 34 CFR 300.205) Coordination with Elementary and Secondary Education Act of 1965 Funds used to carry out coordinated early intervening services may also be aligned with activities funded by and carried out under the ESEA of 1965, if such funds are used to supplement and not supplant funds made available under ESEA of 1965. (20 U.S.C. 1413 (f)(5) and 34 CFR 300.226(e)) National Instructional Materials Access Center Assures compliance with 20 U.S.C. 1413 (a)(6) and 34 CFR 300.210, to provide instructional materials to blind persons or other persons with print disabilities in a timely manner. Instructional materials may be purchased through the National Instructional Materials Access Center (NIMAC) in the same manner and conditions as authorized by the state. Districts may choose not to coordinate with the NIMAC, and or some eligible children with disabilities may not be eligible for materials through NIMAC. However, the district must ensure that children with disabilities who need instructional materials in accessible formats receive those materials in a timely manner. 16

GENERAL AND IDEA SPECIAL ASSURANCES Parent Involvement and Participation A. Parents of children with disabilities are involved in meeting the full educational opportunity goal through the following activities: Participation on district advisory committee. Participation on school advisory committees. Attendance at meetings where information regarding rules and regulations are discussed. Attendance at meetings where instructional strategies are shared. Participation in the evaluation, reevaluation, and eligibility processes. Participation in the IEP/family support plan development and review process. Participation in classroom activities. Participation in family support meetings or activities. Participation in group or individual parent conferences or meetings. Participation in any group that makes decisions on the educational placement of their child. Appraisal of school board agenda items through the public notice process. Assistance in evaluating program effectiveness. Other B. Parents of children with disabilities were provided the opportunity to participate in the development of the project application through the following methods: Parents were specifically requested to offer suggestions for project planning during classroom activities or during the IEP development process. A questionnaire, requesting suggestions for project planning, was mailed to parents. Participants on the district advisory council (including parents) provided suggestions for project development. Suggestions for project development were solicited from school improvement team members representing parents. Public notice was provided to solicit parental input in project development through newspaper notices, memoranda, telephone calls, or individual letters. Other 17

Florida Department of Education Bureau of Exceptional Education and Student Services Guidance for Districts Reducing IDEA Maintenance of Effort (MOE) and Using Funds for Coordinated Early Intervening Services (CEIS) Districts planning to reduce their local maintenance of effort in accordance with 34 CFR 300.205(d) and voluntarily use some of their Part B funds for CEIS under 34 CFR 300.226 must do so with caution, since using funds for one purpose affects the amount that may be used for the other as illustrated in the following two examples. Example 1: The maximum available for CEIS is greater than the amount for which MOE may be reduced. Allocations Maximum Available Prior Year $ 900,000 MOE Reduction $ 50,000 (50% of increase) Current Year $ 1,000,000 CEIS $ 150,000 (15% of allocation) Increase = $ 100,000 In this example, the district may choose to use the maximum available for CEIS, $150,000 or less. When choosing to reduce MOE, the district must not exceed the maximum available for MOE reduction, $50,000. When both CEIS and MOE are chosen, the sum of the two combined must not exceed $50,000, the maximum available for MOE reduction. {Amount to Reduce MOE + Amount for CEIS = Maximum Available for MOE Reduction} Example 2: The maximum available for CEIS is less than the amount for which MOE may be reduced. Allocations Maximum Available Prior Year $ 1,000,000 MOE Reduction $ 500,000 (50% of increase) Current Year $ 2,000,000 CEIS $ 300,000 (15% of allocation) Increase = $ 1,000,000 In this example, the district may choose to reduce MOE up to the maximum available, $500,000. When choosing to use funds for CEIS, the district must not exceed the maximum available for CEIS, $300,000. When both CEIS and MOE are chosen, the sum of the two combined must not exceed $300,000, the maximum available for CEIS. {Amount to Reduce MOE + Amount for CEIS = Maximum Available for CEIS} 18