IDEA Proportionate Share and Equitable Services: Serving Parentally Placed Private School Students with Disabilities

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IDEA Proportionate Share and Equitable
ServicesServing Parentally Placed Private
School Students with Disabilities

• Michigan Department of Education
• Office of Special Education

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OVERVIEW

• Child Find
• Consultation
• Proportionate Share
• Q A

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Child Find

• What is Child Find?
• Parentally Placed Private School Children

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What is Child Find?

• Identify, locate and evaluate all children that
  reside in the state and meet the definition of
  child with a disability
• Includes public private schools
• Child Find and Private Schools
• Each LEA must locate, identify and evaluate all
  children with disabilities who are enrolled by
  their parents in private, including religious,
  elementary and secondary schools located in the
  school district served by the LEA. 34 CFR
  300.131(a)(2006)
• LEA must identify all parentally placed private
  school children with disabilities

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Parentally-Placed Private School Children w/
Disabilities 34 CFR 300.130 300.144

• Who are these children?
• Voluntarily enrolled by their parents in private
  schools
• Not referred to private schools to receive FAPE
• Right to equitable participation services in
  IDEA, Part B
• NO individual right to services, not entitled to
  FAPE
• Must spend proportionate share of Part B subgrant
  funds on providing special education and related
  services
• LEA makes final decisions on services type,
  how, where, by whom
• Services Plan vs. IEP
• Must Spend ? Special carry-over rule

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Consultation
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IDEA Consultation Requirements

• Timely and meaningful consultation
• Who?
• Private school representatives
• Representatives of parents of parentally-placed
  private school children with disabilities

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CONSULTATIONMust be Timely and Meaningful

• Timely
• Before the LEA makes any decisions
• Meaningful
• Genuine opportunity for parties to express their
  views
• Views seriously considered
• Not unilateral offer without opportunity for
  discussion
• BUT NOTE
• LEA has final decision

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Required Consultation Topics

• 1- Child find process
• 2- Proportionate share of Part B funds
• How calculated (Appendix B)
• Crucial to have accurate count of eligible
  children
• 3- Consultation Process
• How will consultation operate throughout the year
  to ensure parentally-placed private school
  children with disabilities can meaningfully
  participate?

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Required Consultation Topics (cont.)

• 4- Provision of special education related
  services
• a- How, where, and by whom
• b- Types of services
• c- How apportioned if funds insufficient for all
• d- How and when decisions will be made

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Proportionate Share
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Calculate the Proportionate Share

• 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 LEAs subgrant under
  section 611(f) of the Act for children with
  disabilities aged 3 through 21.
• A proportionate share of the LEAs 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, separately.

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Calculating the Proportionate Share
Number of eligible parentally-placed private school CWDs _______________ Total number of eligible CWDs in the LEA (public and private)
of LEA IDEA, Part B Grant for Equitable Services to Parentally-Placed CWDs
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Calculate the Proportionate Share

• LEA Child Find Results
• A total of 20,000 SWDs
• Of those, 2,000 are parentally placed SWDs
• Half of the eligible parentally placed SWDs
  participate in equitable services
• What of the LEAs IDEA, Part B Grant for
  Equitable Services should be used for providing
  equitable services to Parentally-Placed CWDs?

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Calculate the Proportionate Share (cont.)
Number of eligible parentally-placed private school CWDs 2,000 _______________ Total number of eligible CWDs in the LEA (public and private) 20,000
of LEA IDEA, Part B Grant for Equitable Services to Parentally-Placed CWDs 0.1 10

• REMEMBER Calculation based on students
  eligible, not just those participating.

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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).

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Carryover

• LEA must spend the proportionate share
• If 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 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. 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).

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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

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The Single Auditors Role

• Ensure that the LEA has documentation to
  demonstrate that they have performed the
  proportionate share calculations for the
  flowthrough (Section 611) and preschool (Section
  619) allocations separately.
• Ensure that the proportionate share amounts are
  set aside for this purpose
• Ensure that the expenditures attributed to the
  required proportionate share are based upon
  actual work performed and not budgeted amounts
• Ensure that appropriate time and effort
  documentation is available to substantiate the
  staff time spent providing services to
  parentally-placed private school children with
  disabilities separate from the provision of
  services to public school children with
  disabilities
• Ensure that any unspent proportionate share
  amounts are made available to be obligated for
  this purpose in the carry-over year

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Questions?

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Contact Information

• Michael Wynn, Auditor
• WynnM_at_Michigan.gov
• Nancy Jo Serna, Auditor
• SernaN_at_Michigan.gov
• MDE, Office of Special Education
• Program Finance
• Phone [phone]