Special Education-Grants to States (84.027)
Program
84.027 Special Education-Grants to States
Federal Agency
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
Authorization
Individuals with Disabilities Education Act (IDEA), Part B, Sections 611, and Part D, Section 674 as amended, 20 U.S.C. 1411 and 1420.
Program Number
84.027
Last Known Status
Active
Objectives
To provide grants to States to assist them in providing a free appropriate public education to all children with disabilities.
Types of Assistance
Formula Grants.
Uses and Use Restrictions
Funds are used by State and local educational agencies, in accordance with the priorities in the Act, to help provide the special education and related services needed to make a free appropriate public education available to all eligible children. This program is subject to non-supplanting requirements and must use a restricted indirect cost rate which is referenced under 34 CFR 76.564-76.569. For assistance call the Office of the Chief Financial Officer/Indirect Cost Group at (202)708-7770.
Eligibility Requirements
Applicant Eligibility
State educational agencies in the 50 States, District of Columbia, Puerto Rico, American Samoa, Commonwealth of the Northern Mariana Islands, Guam and Virgin Islands, may apply to the Department of Education for participation in the Part B, IDEA program. The Department of the Interior, Bureau of Indian Affairs receives 1.226 percent of the total amount available to States. Local educational agencies apply to their State educational agency for funds.
Beneficiary Eligibility
Children and youth with disabilities will benefit.
Credentials/Documentation
The designated plan review agencies must be given an opportunity to review the State's policies and procedures. Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.
Application and Award Process
Preapplication Coordination
All public and private institutions and institutions of higher education, professional associations, other organizations interested in personnel preparation should be given an opportunity to participate in the development of a State's comprehensive system of personnel development. Representatives of private schools must have an opportunity to participate in the development of State standards. Children in private elementary and secondary schools to the extent consistent with their number and location in the State must have an opportunity to participate in the program assisted or carried out under this grant by providing them with special educational related services, unless prohibited by State law in force on December 2, 1983. Public hearings must be held prior to a State's adoption of policies and procedures. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. The standard application forms as furnished by the Federal agency and required by OMB Circular No. A-102 must be used for this program.
Application Procedure
States must submit polices and procedures which: 1) Meet the conditions in Section 612 and Section 613 of Part B of the Individuals with Disabilities Education Act and 2) describe the purposes and activities for which funds under this Act will be expended. Local education agencies submit their applications for subgrants to their State educational agency for approval. This program is excluded from coverage under OMB Circular No. A-110.
Award Procedure
Once the State policies and procedures are submitted and approved, a grant award document representing the total grant amount for that fiscal year, or portion thereof, if under a continuing resolution, is forwarded to the State department of education. If a State has on file with the Secretary of Education, policies and procedures approved by the Secretary that demonstrate that the State meets the requirements, these policies and procedures remain in effect. Amendments to State policies and procedures are required only when a State makes modifications to its polices and procedures, if the provisions of the Act are revised, if there are new interpretations or regulations, or if there is an official finding of noncompliance. Notification of the award is made to Chief State School Officer.
Deadlines
Varies within each State. Submission date is set for April 1 to expedite funding, but plans or amendments are accepted throughout the fiscal year.
Range of Approval/Disapproval Time
Appeals
The Secretary of Education must give a State educational agency an opportunity for a hearing before taking any action involving the proposed disapproval of a State plan and the withholding of payments. If a State disagrees with a final action, it may, within 60 days after notice of such action, file a petition for review of that action with the U.S. Circuit Court of Appeals. A State may also engage in a hearing with the Secretary of Education if the State disagrees with the action taken regarding a request for a waiver of the Part B supplementing and supplanting requirements.
Renewals
None.
Assistance Considerations
Formula and Matching Requirements
Funds for the 50 States, the District of Columbia, and Puerto Rico, are allotted on the basis of a certified count of the number of children with disabilities aged 3 through 21 years, receiving special education and related services on December 1 of the fiscal year that the grant is made. Funds to the outlying areas are allotted proportionately among them on the basis of their respective need, not to exceed one percent of the aggregate amounts available to the States in a fiscal year, as determined by the Secretary of Education. The Department of the Interior receives 1.226 percent of the total amount available to States. There are non- supplanting and excess cost requirements. The statistical factors used are: 1) The total number of children with disabilities receiving special education (3 through 21 years old) by State: the sources are the unpublished reports from the State educational agencies; 2) the average national per pupil expenditure; and 3) "Revenues and Expenditures," CES. Statistical factors used for eligibility do not apply to this program. This program has maintenance of effort (MOE) requirements. See funding agency for further details.
Length and Time Phasing of Assistance
Grants are issued each fiscal year. Obligation period is a 15 month period from July 1 through September 30 plus a 1-year carryover provision.
Post Assistance Requirements
Reports
Annual data report and performance reports are submitted to the Department of Education from the State departments of education.
Audits
In accordance with the provisions of OMB Circular No. A- 133 (Revised, June 24, 1997), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $300,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.
Records
All records supporting claims for Federal funds or relating to the accountability of the grantee for the expenditure of such funds must be accessible for administrative review.
Program Accomplishments
In fiscal year 2002, all eligible State agencies are expected to receive funding and nearly 6.5 million children are expected to be served.
Financial Information
Account Identification
91-0300-0-1-501.
Obligations
(Grants) FY 02 $7,528,533,000; FY 03 est $8,874,398,000; and FY 04 est $9,528,533,000.
Range and Average of Financial Assistance
The range is $10,229,967 to $781,662,507.
Regulations, Guidelines and Literature
Regulations were published on August 23, 1977, 34 CFR 300, as amended, March 2, 1999.
Related Programs
84.173, Special Education_Preschool Grants; 84.181, Special Education_Grants for Infants and Families with Disabilities; 84.323, Special Education_State Program Improvement Grants for Children with Disabilities; 84.324, Special Education_Research and Innovation to Improve Services and Results for Children with Disabilities; 84.325, Special Education_Personnel Preparation to Improve Services and Results for Children with Disabilities; 84.326, Special Education_Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities; 84.327, Special Education_Technology and Media Services for Individuals with Disabilities; 84.328, Special Education_Parent Information Centers; 84.329, Special Education_Studies and Evaluations.
Information Contacts
Regional or Local Office
State Educational Agency, Part B Coordinator or Director of Special Education.
Headquarters Office
Division of Monitoring and State Improvement Planning, Office of the Assistant Secretary for Special Education and Rehabilitative Services, Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202. Contact: Ruth Ryder. Email. Ruth.Ryer@ed.gov Telephone: (202) 205-5547.
Web Site Address
http://www.ed.gov/offices/OSERS/OSEP/index.html
Examples of Funded Projects
This is a State-administered program. State educational agencies provide funds to local educational agencies to provide special education and related services to children with disabilities.
Criteria for Selecting Proposals
The applicants eligible to participate in the program qualify for funding based upon approved policies and procedures. The criteria for approving policies and procedures appear in the regulations for implementation of Part B of the Individuals with Disabilities Education Act, formerly the Education of the Handicapped Act. See 34 CFR 300.
