§1413 Local Educational Agency Eligibility

Summary

To get federal money for special education, a local school system must give the State a plan that promises to follow State rules and meet several conditions. The plan must say the federal funds will pay only the extra costs of special education, add to (not replace) State, local, or other Federal money, and generally keep local spending at least at last year’s level unless cuts happen for specific reasons (like staff retirements, fewer students with disabilities, an expensive student leaving or aging out, or ending a long-term purchase). If the federal allocation grows, the school system may cut its local spending by up to 50 percent of that increase, but must use the saved local money for programs under the Elementary and Secondary Education Act, and the State can block any reduction if the school system is not meeting requirements. The plan must also cover staff training, allow certain uses of funds (for example, services in regular classes that help non-disabled students too; high-cost service pools; and buying tech for casework), let a limited amount go to early intervening services (no more than 15 percent of the grant), allow use for Title I schoolwide programs only in proportion to the disabled students served, serve charter schools the same as other public schools, and either work with the National Instructional Materials Access Center when buying print materials or promise timely accessible materials for people with print disabilities (within two years after December 3, 2004 if they choose to use the Center). The school system must give the State needed information, make eligibility documents public, help link migratory students’ records, and report each year on early intervening services and who later got special education. If the State finds a plan missing or finds a school system not following its plan, the State must notify the system and offer a hearing. After notice and a hearing, the State can stop or reduce payments until problems are fixed and must tell the public that action is happening. The State may require small districts to join together to meet program size needs; joint districts share duties and get the combined funding they would have had separately. If a district cannot or will not provide required services, the State can use the money to provide services directly. State agencies that want subgrants must show they give a free appropriate public education and protect parents’ rights. A State may include disciplinary statements in a disabled child’s records and send them when the child transfers. Finally, if a State’s federal allotment rises, the State may cut its own spending on special education by up to 50 percent of the increase under rules that protect students and require reporting; the Secretary can stop that if the State is not meeting obligations.