Serving Unit 5 and El Paso-Gridley District 11

Supplementation of State, Local and Other Federal Funds; Maintenance of Efforts; Use of Part B; Excess Cost; Permissive Use of Funds; Treatment of Charter Schools

A. Application and Use of Part B Flow-Through Funds 
    1. The Executive Director is responsible for MVSEA’s application for Part B of IDEA funds to the Illinois State Board of Education (ISBE) inaccordance with established requirements and timelines, including, but not limited to, the submission of certain information as required by IDEA’s implementing regulations. The Executive Director and/or his/her designee shall monitor expenditures and budgeting of Part B of IDEA funds and the regulations of ISBE. Any ISBE prescribed formulas and any financial records specified by the ISBE shall be compiled and maintained by MVSEA annually and shall be available for audit review.
    2. Should the ISBE make a decision to reduce or deny IDEA Part B of IDEA funding to MVSEA, the Executive Director may request a hearing from the ISBE regarding the State’s decision to reduce or deny MVSEA’s application for Part B funds.

B. Use of Funds
    1. MVSEA and its Member Districts will only use IDEA funds to pay the “excess cost” of providing special education and related services. 
    2. MVSEA and its Member Districts will only use IDEA funds to supplement and, to the extent practicable, increase the level of State and local funds expended for the education of students with disabilities. 
    3. MVSEA shall describe, in its application for Part B funds, how it will use these funds during the next school year.
    4. MVSEA and its Member Districts may use funds received under Part B of IDEA for any fiscal year to carry out a school-wide program under section 1114 of the Elementary and Secondary Education Act of 1965 in accordance with the requirements set forth at 34 CFR 300.234.
    5. MVSEA and its Member Districts may use funds for the following in 
accordance with 34 CFR 300.235(b): 

        a. The costs of special education and related services and supplementary aids and services provided in a general education class or other education-related setting to a student with a disability in accordance with the IEP of the student, even if one or more nondisabled students benefit from these services;
        b. To develop and implement a fully integrated and coordinated services system in accordance with Sec. 300.244.
       

C. Use of Part B Funds for Charter Schools Within the Member Districts
     The Superintendents of the Member Districts or their designees shall be ensure that the School Districts serve students with disabilities attending charter schools within their District in the same manner as they serve students with disabilities in other District schools if such charter school was approved by the Board of Education. IDEA Part B funds shall be provided to those charter schools approved by the Board of Education in the same manner as the Member District provides those funds to its other schools.

D. Use of Part B Funds for the Benefit of Students with Disabilities Placed in Private Schools
     1. The Superintendents of the Member Districts or their designees shall be responsible to ensure that IDEA Part B funding is expended to provide services to IDEA eligible students enrolled in private schools in a manner consistent with the requirements of the IDEA, the School Code and ISBE’s regulations. IDEA Part B funds may not be used for the following:

         a. Classes that are organized separately on the basis of school enrollment or religion of the students if the classes are at the same site and the classes include students enrolled in public schools and students enrolled in private schools;
         b. To finance the existing level of instruction in a private school or to otherwise benefit the private schools; and
         c. To funds repairs, minor remodeling, or construction of private school facilities.

     2. IDEA Part B funds may be used to make public school personnel available in other than public facilities to the extent necessary to provide services for private school students with disabilities; if those services are not normally provided by the private school otherwise consistent with the law.
     3. IDEA Part B funds may be used to pay for the services of an employee of a private school to provide services for private school students with disabilities with services if the employee performs the services outside of his/her regular hours of duty; and the employee performs the services under public supervision and control.
     4. MVSEA and its Member Districts shall keep title to and exercise continuing administrative control of all property, equipment, and supplies MVSEA and its Member Districts acquire with public funds, which may be used to support special education services provided to students with disabilities enrolled in private schools. Any equipment and supplies placed in a private school shall be used only for purposes related to the provision of special
education services to eligible students as delineated and in accordance with the IDEA and shall be placed in the private school only if the equipment can be removed from the private school without remodeling the private school. Any equipment placed in a private school shall be removed when no longer needed or if necessary to avoid unauthorized use of the equipment.

LEGAL REF.: 

20 U.S.C. 1412, 1413 34 C.F.R. 300.144 (hearing relating to LEA eligibility), 300.180 (condition of assistance), 300.184 (excess cost requirement), 300.185 (meeting the excess cost requirement), 300.220 (consistency
with State policies), 300.221 (implementation of CSPO), 300.230 (use of amounts), 300.231 (maintenance of effort), 300.232 (exception to maintenance), 300.233 (treatment of federal funds in certain fiscal years), 300.234 (school wide programs under Title I of the ESEA), 300.235 (permissive use of funds), 300.240 (information for the SEA), 300.241 (treatment of charter schools and their students), 300.242 (public information), 300.244 (coordinated service systems), 300.245 (school based improvement plans), 300.246 (plan requirements), 300.247 (responsibilities of the LEA), 300.248 (Limitation), 300.249 (additional requirements),
300.250 (extension of plan), 300.458 (separate classes prohibited), 300.459 (requirement that funds not benefit a private school),
300. 460 (use of public school personnel), 300.461 (use of private school personnel), 300.462 (requirements concerning property,
equipment and supplies for the benefit of private school students with disabilities).

23 Ill. Admin. Code 226.770 (fiscal provisions), 226.350 (services 
to students in private schools).

 

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