Special Education-Grants to States (84.027)

Program

84.027 Special Education-Grants to States

Federal Agency

Agency: Department of Education
Office: Office Of Special Education And Rehabilitative Services

Authorization

Individuals with Disabilities Education Act (IDEA), as amended, Executive Order Sections 611-618, Part B, 20 U.S.C 1411-1418.

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 IDEA, to help provide the special education and related services needed to make a free appropriate public education available to all eligible children and, in some cases, early intervening services.

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, the Department of the Interior, and freely associated States. Local educational agencies apply to their State educational agency for subgrants.

Beneficiary Eligibility

Children 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. OMB Circular No. A-87 applies to this program.

Application and Award Process

Preapplication Coordination

Preapplication coordination is required. Environmental impact information is not required for this program. 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.

Application Procedure

OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. This program is excluded from coverage under OMB Circular No. A-110. States are eligible to receive funds under this program if the State establishes eligibility for funds under Section 612 of Part B of the IDEA. Local education agencies establish eligibility by meeting local application eligibility requirements of Section 613 of Part B of the IDEA.

Award Procedure

Once the State application has been approved, a grant award is forwarded to the State department of education. Notification of the award is made to Chief State School Officer.

Deadlines

Apr 01, 2009: The submission date for State applications is April 1 to expedite funding, but plans or amendments are accepted throughout the fiscal year. The submission date for State applications is April 1 to expedite funding, but plans or amendments are accepted throughout the fiscal year.

Range of Approval/Disapproval Time

From 60 to 90 days. Within 90 days.

Appeals

The Department 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 Department if the State disagrees with the action taken regarding a request for a waiver of the Part B supplementing and supplanting requirements.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory Formula: Part B.

Matching Requirements: funds are awarded based on a statutory formula. In general, subject to minimum and maximum funding requirements, if the funds available to States increase from one year to the next, each of the states first received what it received in 1999. Eighty-five percent of the remaining funds are distributed based on the relative number of children with disabilities in the age range for which States mandate services; 15 percent of the remaining funds are distributed based on the ralative numbers of those children living in poverty. If the amount available to these entities decreases from one year to the next, each entity receives what it did in 1999. Remaining funds are distributed in proportion to the increased these entities received between 1999 and the present year. Most of the funds must be distributed to local education agencies directly serving children. States may retain the remaining funds for state-level activities including administration of, support of, and direct services to children with disabilities. There are non-supplanting and excess cost requirements. The MOE requirements for this program applies to both State Educational Agencies and local educational agencies and is based on the amount of State and local expenditures for the previous fiscal year. Contact the program office for further details.

This program has MOE requirements, see funding agency for further details.

Length and Time Phasing of Assistance

Grants are issued each fiscal year. The Federal obligation period is a 15-month period from July 1 through September 30. States and local education agencies have an additional 12-month period to obligate funds they receive. See the following for information on how assistance is awarded/released: Contact the program office for this information.

Post Assistance Requirements

Reports

Annual data report and performance reports are submitted to the Department of Education from the State departments of education. No cash reports are required. Grantees are required to submit annual performance and progress reports. 34 CFR 80.40. No expenditure reports are required. Grantees are required to submit annual performance and progress reports. 34 CFR 80.40.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.

Records

As required by EDGAR for State administered programs (34 CFR 76.730-731). Also, 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

Not Applicable.

Financial Information

Account Identification

91-0300-0-1-501.

Obligations

(Formula Grants) FY 08 $10,947,511,571; FY 09 est $11,505,211,000; FY 10 est $11,505,211,000

Range and Average of Financial Assistance

In FY 2009, regular annual allotments to States, including DC and Puerto Rico, ranged from $17 million to $1.2 billion, with an average award of $147 million. Grants to outlying areas ranged from $4 million to $13 million.

Regulations, Guidelines and Literature

Program regulations are at 34 CFR 300, and 34 CFR 76-77,79,80-82,84-86, and 97-99.

Related Programs

84.173 Special Education_Preschool Grants; 84.181 Special Education-Grants for Infants and Families; 84.323 Special Education - State Personnel Development; 84.324 Research in Special Education; 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; 84.373 Special Education_Technical Assistance on State Data Collection; 84.391 Special Education Grants to States, Recovery Act

Information Contacts

Regional or Local Office

None.

Headquarters Office

Ruth Ryder Office of the Assistant Secretary for Special Education Programs, Department of Education, 400 Maryland Avenue, S.W, Washington, District of Columbia 20202 Email: Ruth.Ryder@ed.gov Phone: (202) 245-7629

Web Site Address

http://www.ed.gov/about/offices/list/osers/osep/index.html.

Examples of Funded Projects

Fiscal Year 2008: Federal funds are combined with State and local funds to provide free appropriate public education to children with disabilities. This includes special education and related services. Funds are used for salaries of teachers and other personnel, education materials, related services--such as special transportation or occupational therapy that allow children with disabilities to access education services--and other education-related needs. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Criteria for Selecting Proposals

States and other eligible entities qualify for funding based upon applications approved under IDEA, Section 612.