Part B, Section 619 of IDEA

The IDEA Part B provisions and requirements apply to children with disabilities ages 3–21 who are served under their state's Part B system, consistent with each state's determined age range. Section 619 of IDEA authorizes an additional preschool formula grant for states that are eligible for grants under Section 611 of Part B if the state makes available Free Appropriate Public Education (FAPE) to all children with disabilities ages 3–5 in the state. If consistent with state policy, IDEA funds can be used to provide services to 2-year-old children with disabilities who will turn 3 during the school year.

The specific Section 619 provisions of IDEA primarily detail the allocation of the 619 funding for state and local programs, and state-level administration and activities to support children with disabilities ages 3–5.

State Part B data reporting requirements under Section 618, generally include children who are preschool-aged where appropriate. A few reporting requirements are specific only to preschool children, including educational environments, child outcomes, and timely transition to preschool special education for children who received services under Part C early intervention. The data are used a part of OSEP's Annual Reports to Congress on the Implementation of the Individuals with Disabilities Education Act (IDEA) on the provision of FAPE to all children with disabilities, including preschoolers.

In 2004, the Individuals with Disabilities Education Improvement Act (IDEA) reauthorized a The Individuals with Disabilities Education Act. Part B of IDEA is established in 20 U.S.C. Chapter 33, Subchapter II.

IDEA began as a civil rights law in 1975 to provide access for students with disabilities with a Free Appropriate Public Education (FAPE), it was later recognized that students with disabilities and their families needed additional support in the education process. By 1986, Congress recognized the benefits of supporting early learning for young children with disabilities and amended IDEA to provide incentives to states to ensure services for children ages 3–5 in Part B, Section 619, and for children birth–2 and their families under Part C (originally Part H). All states currently mandate Part B, Section 619 services for children ages 3–5, and in Part C for children birth–2 and their families.

Services for preschool children with disabilities ages 3–5 must be in accordance with the Part B requirements, which authorize services for children ages 3–21. Part B, Section 619 specifically addresses grant requirements for providing services for children ages 3–5 with developmental delays and disabilities.

Regulations are the rules or laws that describe how to implement the laws that Congress enacts. The rules that govern the IDEA are in the Code of Federal Regulations (CFR). Regulations for Part B, Section 619 are found in Title 34, Subtitle B, Chapter III, Part 300, and are issued by the Office of Special Education and Rehabilitative Services (OSERS), Department of Education.

These regulations define how the program will be implemented, and states are obligated to have a process that ensures that these regulations are implemented. It might be that your state has state statutes, codes, or regulations to establish the federal requirements, or, you might only have written policies. State statutes and regulations can be stricter than federal statute or regulations, but they cannot be less restrictive, nor can they provide fewer protections.

Periodically, the U.S. Department of Education issues new or revised regulations to address the implementation and interpretation of the IDEA. Whenever new or revised regulations are proposed, these are published in a Notice of Proposed Rulemaking (NPRM) in the Federal Register, and the public has an opportunity to submit written comments for 75 calendar days. The Federal Regulations for Part B consistent with the 2004 reauthorization of IDEA were published in August 2006. Since then, several additional revisions have been made to the Part B regulations. The Office of Special Education Programs (OSEP) of the U.S Department of Education also releases clarification in response to letters from the public and in Dear Colleagues Letters to states.

There are key components when providing IDEA services for children ages 3–5. These components provide the framework and context for the delivery of high-quality services.

The Individuals with Disabilities Education Act (IDEA) requires each state to provide data on children with disabilities to the Secretary of Education and the public on an annual basis.

These data, referred to as the IDEA Section 618 data collection, are submitted to the Department through either the EDFacts Submission System (ESS) or the EDFacts Metadata and Process System (EMAPS). OSEP's primary contact at the state level for the IDEA Section 618 data are the state Part B Data Managers. However, data can be submitted to the EDFacts system by the state's EDFacts Coordinator.

OSEP reviews and evaluates the quality of the IDEA Section 618 data submitted to the Department, evaluating the timeliness, completeness, and accuracy of the data submitted by States. OSEP also conducts year to year comparisons of the IDEA Section 618 data submitted across two years in order to determine if there have been greater than expected changes in the counts reported for specific data elements. States receive the results of these data quality reviews as well as any data quality inquiries from OSEP via a data quality report. These data quality reports can result in the State needing to resubmit the IDEA Section 618 data, or provide a data note explaining these data.

OSEP uses some of the IDEA Section 618 data to prepopulate certain SPP/APR Indicators in the SPP/APR submission tool. The SPP/APR Indicators related to preschool age children include, but are not limited to Indicators B-6, B-15, and B-16. Additionally, OSEP takes the data quality evaluation of the IDEA Section 618 data into consideration when making IDEA determinations.

Once the data are finalized, OSEP publishes these data on their website as IDEA Section 618 Data Products.

Partner Support Center (PSC)

The Department of Education's Partner Support Center (PSC) addresses technical issues regarding submitting the IDEA Section 618 data with a state, and will refer policy questions related to these data to OSEP for responses.

In accordance with 20 U.S.C. §1416(b)(1) and 20 U.S.C. §1442, each state must develop a State Performance Plan/Annual Performance Report (SPP/APR), which evaluates the state's efforts to implement the requirements and purposes of the IDEA, and describes how the state will improve its implementation of the law.

The Part B SPP/APR has seventeen indicators. three indicators collect and report on data specifically related to preschool-aged children:

• Indicator B-6: Early Childhood Environments;
• Indicator B-7: Early Childhood Outcomes; and
• Indicator B-12: Early Childhood Transition.

See also: Preschool Environments Toolkit (IDC, 2022)

Preschool-aged children are also included in the reporting data for:

• Indicator B-4: Suspension and Expulsion;
• Indicator B-8: Parent Involvement;
• Indicator B-11: Evaluation Timelines;
• Indicator B-15: Resolution Settlement Agreements; and
• Indicator B-16: Mediation Agreement.

Some states include preschool children in Indicator B-17, the State Systemic Improvement Plan (SSIP). Annual targets are established for each of the above indicators. For compliance Indicators B-11 and B-12, the required target is 100%. With stakeholder input, states determine targets for results indicators.

Each year, states must report against the targets in its SPP in an Annual Performance Report (APR). States are required to publicly report local performance on the APR indicators.

The Office of Special Education Programs (OSEP) determinations are made annually, using information from the SPP/APR, information obtained through monitoring visits, and any other public information to determine if the state:

• meets requirements and purposes of the IDEA;
• needs assistance in implementing the requirements of Part B or Part C of the IDEA;
• needs intervention in implementing the requirements of Part B or Part C of the IDEA; or
• needs substantial intervention in implementing the requirements of Part B or Part C of the IDEA.

Under Part B, Section 611, annual funding to each state educational agency to support the provision of special education and related services to children with disabilities ages 3–21. In addition to 611 funds, states receive Section 619 funds which are allocated for and must be spent on children with disabilities ages 3–5.

Allocation amounts for 611 and 619 formula grants are determined for each state based on calculations required by the statute. The regulations for both 611 and 619 funds include the required process for allocating funds to local districts and the allowable use of funds. IDEA funds are generally used to provide the excess cost that is associated with the provision of special education. IDEA permits a portion of both 611 and 619 funds to be set-aside at the state level for administering IDEA, providing technical assistance, and other state-level allowable activities.

In addition to federal funds, states often provide state funds for special education and related services, some of which might be specifically designated for preschool-aged children with disabilities. Depending on the finance structure in each state, local school districts often also contribute funds for special education and related services. Some states include preschool-aged children in their calculation and allocation of regular education funds (average daily membership, basic education funds). Some states or local programs access federal Medicaid to fund some services or have access to other public or private funds.

See also: Part B, Section Regulations Related to Financing, Financing Strategies and Collaborative Funding for Inclusive Programs

Services for children age 3–5 with disabilities are individually determined through the Individualized Education Program (IEP) process to meet a child's unique needs and are delivered in the Least Restrictive Environment (LRE) appropriate for each child.

State and district structures for providing services to preschool children with disabilities vary greatly, as does the availability of early childhood programs (for example, Head Start, child care, community preschool, or Title I preschool). Few states offer universal access to state funded preschool. Many states have funded preschool programs that serve a small portion of the state's 4-year-olds, generally targeting children based on family income. There are even fewer opportunities for 3-year-olds.

To meet the IDEA mandate of serving children agesd 3–5 in their LRE, most state and local programs are engaged in collaboration with their early care and education partners to expand children's access to high-quality inclusive early learning opportunities. State partners should embrace a shared responsibility and commitment to collaborate is necessary to meet the needs of all children, including children with disabilities.

State leaders of early care and education programs can facilitate local collaboration among community programs by setting expectations for inclusion in early childhood programs and increasing public understanding of the research that supports meaningful inclusion of children with disabilities in early childhood programs. State leaders can and do provide the policy foundations for supporting inclusion in high-quality early childhood programs as well as guidance for increasing inclusive early learning opportunities for all children.

Part C of the IDEA requires that children and their families participating in early intervention programs who are potentially eligible for the IDEA preschool special education program, experience a smooth and effective transition to those preschool programs. Each child who is eligible under Part B must have an Individualized Education Program (IEP) developed and implemented by age 3.

To prepare for transition, Part C programs must include transition steps and services in each child's Individualized Family Service Plan (IFSP), and notify the child's local education agency (LEA) and the state special education program if the child is potentially eligible for Part B, Section 619 special education preschool services no less than 90 days before the child reaches age 3. The notification includes a child's name, date of birth, and their family contact information.

States have an option to develop a policy allowing parents to object to this disclosure of their personally identifiable information. Not all states have an opt-out policy, but for those that do, parents can decline to have the basic referral information sent to the State Education Agency (SEA) and the child's Local Education Agency (LEA) of residence.

With parent consent, the Part C system holds a transition planning conference no less than 90 days before the child reaches age 3. The LEA must be invited, and is required to participate in the transition planning conference to discuss the child's transition. By age 3, an IEP should be developed and implemented for each child who is eligible, ensuring a smooth and seamless transition.

There are many organizations that are available to support states as they work on behalf of preschool children with disabilities and their families. The organizations listed below work primarily with Part B, Section 619 Coordinators and Data Managers.

The Office of Special Education Programs (OSEP)

The Office of Special Education Programs (OSEP) is dedicated to improving results for infants, toddlers, children and youth with disabilities ages birth–21 by providing leadership and financial support to assist states and local districts. The IDEA authorizes formula grants to states, and discretionary grants to institutions of higher education and other non-profit organizations to support research, demonstrations, technical assistance and dissemination, technology and personnel development and parent-training and information centers.

OSEP State Contacts—and other OSEP personnel who have expertise in various areas—can serve on a team assigned to support the state in implementing the statue and regulations for the Part B, Section 619 program.

The National Association of Directors of Special Education (NASDSE)

The National Association of Directors of Special Education (NASDSE) is a premier membership organization that supports state leaders of special education throughout the United States and its Territories. NASDSE's mission and vision is to improve individual and organizational success for state leaders of special education by providing relevant services that guide positive systemic change and results thereby ensuring students with disabilities will live, learn, work and participate in their communities. The organization's goals include:

1. Create and influence effective public policy;
2. Cultivate a sense of community and support;
3. Build leadership capacity; and
4. Lead and manage a sustainable, well-run organization.

OSEP-Funded Technical Assistance Centers

The OSEP-funded Early Childhood IDEA Centers and the network of Parent Centers support state Part C and Part B, Section 619 agencies, and a network of parent centers to provide information and training to families of children with disabilities. The Centers are working to assist states, administrators, programs, and families in enhancing outcomes for young children with disabilities and their families.

These centers provide a personal contact, websites, information, and technical assistance opportunities such as presentation, meetings, online learning communities, and intensive one-on-one program effort assistance.

While the focus and functions might be different in each organization, each one is an important source of help and assistance. There is a strong effort to coordinate these resources, so all states receive the support they need without duplication or confusion.