Illinois State Board of Education Individuals with Disabilities Education Act (IDEA) Proportionate Share Services August 4, 2016
Proportionate Share Requirement The IDEA and the 34 CFR 300.133 300.144 require local education agencies to spend a portion of their IDEA allocations on services for IDEA eligible students who have been parentally placed in nonpublic schools or home-schooled. Proportionate share is a portion of the federal IDEA allocation, not additional IDEA funds.
Proportionate Share Calculation The Illinois State Board of Education (ISBE), Funding and Disbursements Division, calculates the nonpublic proportionate share for each public school district. The calculated amount is based upon the special education child count from the previous fiscal/school year. The IDEA proportionate share amounts and calculations are posted on the Funding and Disbursements Division webpage at http://www.isbe.net/funding/html/specialed.htm.
Proportionate share amounts for all Illinois districts IDEA proportionate share calculation
Q & A Q. Which nonpublic students generate the proportionate share calculation for districts? A. The IDEA eligible home-schooled students and students attending nonpublic schools within the district boundaries generate the proportionate share funds. Not special education placements Not speech-only preschool-aged students
Resident and Serving Districts Resident District The public school district where the nonpublic student lives Serving District The public school district where the nonpublic school is located The serving district and the resident district would be the same for students who attend nonpublic school or are home-schooled within their resident district boundaries.
Serving District Responsibilities Conduct child find activities Complete special education evaluations and reevaluations Develop individual services plans (ISPs) Conduct timely and meaningful consultation (TMC) with nonpublic and home-schooled representatives Provide special education and related services in accordance with ISPs and the TMC determinations
Q & A Q. Do resident districts have IDEA proportionate share responsibilities for students who attend nonpublic schools in other districts? A. No. The serving district is responsible for the IDEA proportionate share services.
Location of Services IDEA nonpublic proportionate share services may be provided at the local school district or at the nonpublic school.
Transportation If services are provided at the public school, the district is responsible for transporting the students to and from the public school Those transportation costs can be included as part of the IDEA proportionate share expenditures Districts are not required to transport nonpublic students from home to the nonpublic school as a proportionate share service
Nonpublic Student/Parent Rights 34 CFR, 300.131 Child Find 34 CFR, 300.137 Equitable Services Determined 34 CFR, 300.138 Equitable Services Provided 34 CFR, 300.140 Dispute Resolution Options
Individualized Services Plan (ISP) Each IDEA-eligible parentally-placed nonpublic student who will receive services under proportionate share, as determined through the timely and meaningful consultation process, must have an individualized services plan (ISP) that describes the specific special education and related services that the district will provide to the student. The ISP must be developed, reviewed, and revised annually (or more often, if warranted).
Q & A Q. Is an ISP a guarantee of services for an eligible student? A. No. Parentally-placed nonpublic students do not have any individual entitlement to special education services. The services provided are limited to what is available based on the district s proportionate share and the determinations made through the timely and meaningful consultation process.
Part-time (Dual) Enrollment If seeking services beyond what is available through proportionate share ISP, a nonpublic student may be dually-enrolled in the resident school district. A dually-enrolled student must be enrolled in at least one course for credit or a grade through the public school district. Resources April, 2006 guidance document http://www.isbe.net/speced/pdfs/guidance_5-7.pdf. 105 ILCS 5/14-6.01 http://www.ilga.gov/legislation/ilcs/ilcs4.asp?docname=01050 0050HArt%2E+14&ActID=1005&ChapterID=0&SeqStart=10870 0000&SeqEnd=114300000
TMC Participants Local district representative(s) Nonpublic school representatives Administrators Parents Known parents of homeschooled students
TMC Serving District Process (1) IDEA proportionate share TMC requirements apply to all districts. Provide public notice of the meeting, as well as notice to nonpublic schools and any known homeschool families Timely and meaningful consultation must include: Explanation of district child find activities Disclosure of IDEA proportionate share funds Meaningful participation Description of services to be provided; explanation of that determination Description of how the district will provide a written response to the nonpublic representatives regarding any proposals with which the district is in disagreement
TMC Serving District Process (2) TMC meeting completed no later than May 31 st Maintain documentation on file for at least three years Public notice Agenda that covers all 5 required areas When applicable (some districts will not have any nonpublic participants) o List of nonpublic schools and known homeschool parents o Invitation letters o Attendance sheets o Handouts o Attestation forms Provide copies of TMC documentation to ISBE upon request
Q & A Q. If a district doesn t have any nonpublic schools within its boundaries and is not aware of any eligible homeschooled students, is it still required to provide public notice and hold a TMC meeting? A. Yes. The public notice and TMC meeting provides an opportunity for the district to find any new students. It also helps a district ensure accuracy of its IDEA Child Count.
Timely and Meaningful Consultation ISBE Audit Process All districts are audited at least once within each five-year audit cycle ISBE sends audit notification to the district superintendent and state-approved director of special education (generally mid-may) Districts submit documentation to ISBE Copies of public notice, meeting agenda, and any other TMC documents Retain copies locally for at least three years ISBE will send a closing letter to the district when the audit is complete
Proportionate Share and IDEA Grants (1) The proportionate share calculation is specific to federal IDEA funds. Local funds may be used to supplement, but not supplant IDEA in providing nonpublic proportionate share services (34 CFR 300.133 (d)). It is not allowable to provide all of the IDEA proportionate share services with local funds. That would be supplanting the IDEA with local funds.
Proportionate Share and IDEA Grants (2) The TMC dates for each district MUST be entered in the proportionate share page of the IDEA grant. Each district with a nonpublic proportionate share amount MUST include those expenditures in the IDEA grant. A district with a nonpublic proportionate share amount, but no eligible students requiring services MUST note such in the IDEA grant.
Proportionate Share and IDEA Grants (3) Allowable IDEA proportionate share expenditures: Direct services to eligible students Indirect services to eligible students Supports in conjunction with the direct/indirect services Professional development for staff who work with the students with ISPs Supplies, materials, equipment All supplies, materials, equipment remain property of the public school. Equipment must be logged and tracked as part of the district s federally purchased equipment.
Proportionate Share and IDEA Grants (4) IDEA proportionate share funds: cannot be paid directly to the nonpublic schools/homeschooled. cannot be used for coordinated early intervening services (CEIS) or Response to Intervention RtI. cannot be used for general education costs. cannot be used for Child Find activities or special education evaluations.
Q and A Q. Are districts restricted from using IDEA funds for child find activities and special education evaluations and reevaluations? A. No, but a restriction does apply to IDEA proportionate share funds. That portion of the IDEA funds are for direct/indirect services and supports for eligible students. While districts can use IDEA funds for child find and evaluation costs, those costs cannot be taken from the amount dedicated to providing proportionate share services.
Proportionate Share and IDEA Grants (5) Serving school districts must: Ensure funds support ISPs Direct services to students Indirect services to students Include expenses in the IDEA grant prior to obligating and expending funds Track expenditures and any equipment Any supplies, materials, equipment or professional development must be provided as a support for direct/indirect proportionate share services to eligible students.
Q and A Q. Based on a nonpublic school or homeschool parent request, can a district use the IDEA proportionate share funds solely to provide equipment (e.g. laptops, ipads, etc.)? A. No. IDEA proportionate share funds can only be used to purchase supplies, materials, and equipment to support the direct/indirect special education and related services.
Resources IDEA Proportionate Share Services for Parentally Placed Nonpublic Students with Disabilities (Nov. 2015 guidance document) http://www.isbe.net/spec-ed/pdfs/guidance-15-09-idea-ppsnonpublic.pdf 34 Code of Federal Regulations, Part 300 http://www.ecfr.gov/cgi-bin/textidx?tpl=/ecfrbrowse/title34/34cfr300_main_02.tpl Children Enrolled by Their Parents in Private Schools (US Department of Education) http://idea.ed.gov/explore/view/p/%2croot%2cdynamic%2ctopicalbrief %2C5%2C
Contact Information Special Education Services Illinois State Board of Education Telephone 217-782-5589 IDEA TMC Team Andy Eulass aeulass@isbe.net Marcia Kelley mkelley@isbe.net IDEA Grant Team Tammy Greco tgreco@isbe.net Felicia Malloy fmalloy@isbe.net