OSE/ISD Directors Leadership Meeting November 14, 2012 • Lansing, MI

1. IDEA Proportionate Share and Equitable Services:Serving Parentally Placed Private School Students with Disabilities OSE/ISD Directors Leadership Meeting November 14, 2012 • Lansing, MI

2. Start with a timely and meaningful consultation process The process itself Child Find How, where and by whom services will be provided Procedure to provide explanation of disagreements Determining proportionate amount of federal funds Written Affirmation Service Plans Key Components

3. Proportionate Share

4. Each LEA must expend, during the grant period, on the provision of special education and related services for the parentally-placed private school children with disabilities enrolled in private elementary schools and secondary schools located in the LEA an amount that is equal to – A proportionate share of the LEA’s subgrant under section 611(f) of the Act for children with disabilities aged 3 through 21. A proportionate share of the LEA’s subgrant under section 619(g) of the Act for children with disabilities aged 3 through 5. The LEA must calculate the proportionate share amount for both their IDEA flowthrough and preschool allocations. Calculate the Proportionate Share

5. Calculating the Proportionate Share

6. Calculate the Proportionate Share • LEA Child Find Results: • A total of 20,000 eligible SWDs • Of those, 2,000 are eligible parentally placed SWDs • Half (1,000) of the eligible parentally placed SWDs participate in equitable services • What % of the LEA’s IDEA, Part B Grant for Equitable Services should be used for providing equitable services to Parentally-Placed CWDs?

7. Calculate the Proportionate Share (cont.) • REMEMBER: Calculation based on students eligible, not just those participating.

8. Additional Considerations • Reverse supplement not supplant requirement! • State and local funds may supplement and in no case supplant the proportionate share of Federal Part B funds required to be expended. •  Spend your federal funds first! • CARRYOVER • If LEA has not expended by end of FY, must obligate remaining funds on equitable participation services for parentally-placed private school CWDs during carryover period of one additional year. 34 C.F.R. § 300.133(a)(3).

9. Carryover • “…LEA must spend” the proportionate share • If the LEA fails to spend entire proportionate share for the given year LEA must obligate remaining funds for equitable services for a carry-over period of one additional year. • At end of carry-over year? • Assuming the LEA is in compliance with Child Find, consultation, and other IDEA equitable services requirements  LEA may use the unexpended funds to pay for other allowable Part B expenditures for that same LEA based upon prior approval from the MDE-OSE. The SEA is responsible for ensuring that LEAs are in compliance with these requirements. 34 CFR §§300.149(a) and 300.600(b)(2) • If the LEA is not in compliance with these requirements and has not expended the funds on parentally-placed private school children, the LEA must return the funds to the U.S. Department of Education (Department of Education).

10. Tracking Proportionate Share Expenditures Time and Effort Documentation • The amount of the proportionate share expended must be based upon actual time spent, supported with appropriate time and effort documentation, and not based upon budgeted/anticipated amounts.

11. Questions and Answers continued What funds must be considered in calculating the required proportionate share? Answer: The total Part B Section 611 (flowthrough) and Section 619 (preschool) allocations provided to the Intermediate School District must be included in proportionate share calculations regardless of the method of distribution of those allocations to their LEAs/PSAs or retaining a portion or all of the allocations at the ISD.

12. Questions and Answers continued What special education child count is used in the proportionate share calculation? Answer: The prior year special education child count must be used to determine the amount that must be spent on providing special education and related services to parentally-placed private school children with disabilities in the next subsequent fiscal year.

13. Questions and Answers continued May the ISD/LEA expend more than the proportionate share of Part B funds on children with disabilities placed by their parents in private schools? Answer: The ISD/LEA may expend more than the proportionate share of Part B funds on children with disabilities placed by their parents in private schools as long as the LEA meets all the other requirements of IDEA, including providing FAPE to children with disabilities.

14. IDEA Equitable Services Citations • IDEA • 20 USC § 1412(a)(10)(A)/IDEA § 612(a)(10)(A) • See also IDEA Regs., §§ 300.130-300.144 • 34 CFR Appendix B to Part 300 – Proportionate Share Calculation

15. Questions?

16. Michael Wynn, Auditor WynnM@Michigan.gov Nancy Jo Serna, Auditor SernaN@Michigan.gov MDE, Office of Special Education Program Finance Phone: (517) 241-1235 Contact Information