Part B, Section 619 Finance
These Part B regulatory citations reflect changes per IDEA 2004 in accordance with the Rules and Regulations dated August 14, 2006.
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Part B Regulations Related to Financing
The Preschool Grants Program (Section 619 of Part B of IDEA). Federal funds are allocated to the state education agency in each state/territory to support the provision of special education and related services to individuals with disabilities between the ages of 3 through 5. Specific regulations related to financial matters are contained in both general regulations for Part B and in specific regulations for Section 619.
Formula and policies for allocating the federal Part B and Section 619 annual appropriation among states/territories
These regulations include how to allocate subsequent increases or decreases in the annual appropriation and how to determine the maximum amount a state/territory may receive and specifics on state level activities.
- 34 CFR §300.700 — Grants to States
- 34 CFR §300.701 — Outlying areas, freely associated States, and the Secretary of the Interior
- 34 CFR §300.702 — Technical assistance
- 34 CFR §300.703 — Allocations to States
- 34 CFR §300.704 — State-level activities
- 34 CFR §300.705 — Subgrants to LEAs
Formula and policies for allocating Part B funds to Local Education Agencies (LEAs)
This section includes the formula for determining the base amount each LEA receives, the formula for allocating to LEAs any funds remaining after the base amounts have been allocated, procedures for making adjustments in LEA allocations if a new LEA is created or two or more LEA are combined, and the reallocation of Part B funds when an LEA does not need its Part B allocation in order to provide FAPE.
- 34 CFR §300.705 — Subgrants to LEAs
Formula and policies for allocating Part B funds to the Secretary of the Interior and to outlying areas and freely associated states
This section includes the percent of total Part B allocation to be set aside for the Secretary of the Interior (1.226%) and for the outlying areas and freely associated states (not more than 1%).
- 34 CFR §300.712 — Payments for education and services for Indian children with disabilities aged three through five
Specific information on payments for education and services for Indian children with disabilities aged three though five is detailed in these sections:
- 34 CFR §300.707 — Use of amounts by Secretary of the Interior
- 34 CFR §300.708 — Submission of information
- 34 CFR §300.709 — Public participation
- 34 CFR §300.710 — Use of funds under Part B of the Act.
- 34 CFR §300.711 — Early intervening services
- 34 CFR §300.713 — Plan for coordination of services
- 34 CFR §300.714 — Establishment of advisory board
- 34 CFR §300.715 — Annual reports
- 34 CFR §300.716 — Applicable regulations
- 34 CFR §300.717 — Definitions applicable to allotments, grants, and use of funds
Assurances required of the state/territory
This section details assurances required order to receive its annual allocation of Part B funds.
- 34 CFR §300.162 — Supplementation of State, local, and other Federal funds
- 34 CFR §300.163 — Maintenance of State financial support
- 34 CFR §300.164 — Waiver of requirement regarding supplementing and not supplanting with Part B funds
Assurances required of LEAs
These sections detail assurances required in order to receive Part B funds from the state, including appropriate use of Part B funds, non-supplanting, maintenance of effort, and provisions for using Part B funds to support school wide programs related to the Elementary and Secondary Education Act (ESEA) under certain conditions:
- 34 CFR §300.200 — Condition of assistance
- 34 CFR §300.201 — Consistency with State policies
- 34 CFR §300.202 — Use of amounts
- 34 CFR §300.203 — Maintenance of effort
- 34 CFR §300.204 — Exception to maintenance of effort
- 34 CFR §300.205 — Adjustment to local fiscal efforts in certain fiscal years
- 34 CFR §300.206 — Schoolwide programs under title I of the ESEA
Use of Part B funds
This section detail the identification of allowable costs and the funding of capacity building and improvement efforts through subcontracts:
- 34 CFR §300.208 — Permissive use of funds
Other statements related to finance
These sections include payments by the SEA for direct services to children, and SEA flexibility to adjust state fiscal effort in certain fiscal years:
- 34 CFR §300.175 — SEA as provider of FAPE or direct services
- 34 CFR §300.227 — Direct services by the SEA
- 34 CFR §300.230 — SEA flexibility
Parental consent for use of public benefits or insurance
These sections detail requirements for the agency to obtain a one-time written consent from the parent to access the child's or parent's public benefits or insurance to pay for special education or related services:
The IDEA Part B Final Regulations on Parental Consent for the Use of Public Benefits or Insurance were published in the Federal Register on February 14, 2013. The regulations amend the Department's regulations in 34 CFR §300.154(d)(2)(iv), which were published in the Federal Register on August 14, 2006. They are effective as of March 18, 2013. A One–page Summary and Q&A: Non-Regulatory Guidance Document are also available from the Deparment of Education's page on IDEA Part B Final Regulations on Parental Consent
Allocation of Section 619 funds to states/territories
These sections include procedures for allocating any increases in the annual Section 619 appropriation and for making adjustments if the annual allocation decreases:
- 34 CFR §300.806 — Eligibility for financial assistance
- 34 CFR §300.807 — Allocations to States
- 34 CFR §300.808 — Increase in funds
- 34 CFR §300.809 — Limitations
- 34 CFR §300.810 — Decrease in funds
Use of Section 619 funds for state level activities and administration
These sections include what portion of the annual Section 619 allocation may be retained for use at the state level and how it may be used.
- 34 CFR §300.812 — Reservation for State activities
- 34 CFR §300.813 — State administration
- 34 CFR §300.814 — Other State-level activities
Allocation of Section 619 funds to LEAs
These sections include how to determine the base payment to each LEA, making adjustments to the base payment in subsequent years, and how to allocate any funds remaining after the base payment to each LEA has been allocated.
- 34 CFR §300.815 — Subgrants to LEAs
- 34 CFR §300.816 — Allocations to LEAs
- 34 CFR §300.817 — Reallocation of LEA funds
- July 27, 2015 OSEP Memorandum 15-10: Local Educational Agency (LEA) Maintenance of Effort (MOE) Questions and Answers: Answers questions on the final Local Educational Agency (LEA) Maintenance of Effort (MOE) regulations that were published in the Federal Register on April 28, 2015.
- LEA MOE Regulations: An Overview of the Revisions: This PowerPoint presentation was delivered during OSEP's May 14., 2015 National technical assistance call. It provides an overview of the revised LEA MOE regulations, published on April 28, 2015.
- March 13, 2014 OSEP Letter to the Chief State School Officers: Melody Musgrove, Director of the Office of Special Education Programs provides information to clarify that "…if an LEA failed to maintain effort in 2013-2014, the level of effort that the LEA must maintain in 2014-2015 is the level of effort that would have been required in 2013-2014 in the absence of that failure, and not the LEA's reduced level of expenditures in 2013-2014"