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1. Adds “early intervening services” to the statute under local education agency (LEA) eligibility.
An LEA may not use more than 15 percent of the amount it receives under IDEA Part B for any fiscal year, less any amount reduced by the agency pursuant to Section 613(a)(2)(C), if any, in combination with other amounts (which may include amounts other than education funds), to develop and implement coordinated, early intervening services, which may include interagency financing structures, for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade three) who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment. [613(f)(1)]

Allows activities in implementing coordinated, early intervening services by LEAs.
  • Professional development (which may be provided by entities other than LEAs) for teachers and other school staff to enable such personnel to deliver scientifically based academic instruction and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and
  • Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.


Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. IDEA allows for the use of not more than 15% of the amount of funds received through IDEA B to be used to develop and coordinate early intervening services…
    If you were advising a local education district on this option,
    • What groups should be involved in determining the use of the 15%?
    • What criteria should be set for its use?
    • How might various stakeholders be involved?

  2. If the 15% option is pursued, what financial impact might this option have on the current education programs and related services?

  3. Can you identify some early intervening services that might be beneficial to support school improvement efforts?

  4. What benefits might accrue from sharing resources (e.g., financial, personnel) within current programs to enhance the effectiveness of early-intervening services (e.g., Title I and IDEA)?

Application Questions

  1. If a district utilized the 15% option, what new options might be available to pre-referral teams?

  2. Which early-intervening options are considered evidenced-based practices?

  3. Which roles across the school/community could help early-intervening options to maximize student outcomes?

  4. What process might assist in redefining staff roles/assignments to create early intervening services?

  5. If a district pursues the 15% option, are there resources that could be combined to effectively support early-intervening services?

    These questions were developed by the following stakeholders working together:

    Role: Assistant Superintendent
    Location: Michigan

    Role: School Counselor
    Location: Virginia

    Role: Assistant Director
    Location: Missouri

    Role: Assistant Superintendent
    Location: Wisconsin

    Role: Educational Consultant
    Location: Pennsylvania