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ALIGNMENT WITH THE NO CHILD LEFT BEHIND (NCLB) ACT - Regulations

 

3. Allow the use of funds in schoolwide programs.

…Notwithstanding the provisions in §§300.202 regarding use of amounts and 300.203 regarding maintenance of effort or any other provision of Part B of the Act, an LEA may use funds received under Part B for any fiscal year to carry out a schoolwide program under Section 1114 of the ESEA, except that the amount so used in any such program may not exceed:
  • The amount received by the LEA under Part B of the Act for that fiscal year; divided by
  • The number of children with disabilities in the jurisdiction of the LEA; and multiplied by
  • The number of children with disabilities participating in the schoolwide program.
Funding conditions. The funds described in §300.205(a) are subject to the following conditions:
  • The funds must be considered as Federal Part B funds for purposes of the calculations required by §300.202(a)(2) (only to pay the excess costs of providing special education and related services to children with disabilities) and (a)(3) (must be used to supplement, and not supplant, State, local, and other Federal funds).
  • The funds may be used without regard to the requirements of §300.202(a)(1) (requiring LEAs to expend Part B funds in accordance with the applicable provisions of 34 CFR Part 300).
  • (c) Meeting other Part B requirements. Except as provided immediately above, all other requirements of Part B of the Act must be met by an LEA using Part B funds in accordance with paragraph (a) of this section, including ensuring that children with disabilities in schoolwide program schools-
  • (1) Receive services in accordance with a properly developed IEP; and
  • (2) Are afforded all of the rights and services guaranteed to children with disabilities under Part B.
[34 CFR 300.206(a) and (b)] [20 U.S.C. 1413(a)(2)(D)]


Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Schoolwide programs aim to reduce time out of the classroom and provide services to all students. What impact might a schoolwide reading or math intervention have on the performance of students with disabilities? What impact might it have in meeting Adequate Yearly Progress (AYP)?


  2. What experiences have you had regarding schoolwide programs? Please share some of your experiences with schoolwide programs with which you have been involved.


  3. Can you give an example of when you feel it is appropriate to use special education funds for schoolwide programs?


  4. In your opinion, how might allocating funds to schoolwide programs affect special education programs and/or the achievement of students with disabilities?


  5. What might be the implications for use of funds in schoolwide programs. . . .
    • for your school/district?
    • for school staff?
    • for families and students?

Application Questions

  1. What discussions should be held in advance of any decision to use IDEA funds in schoolwide programs?
    • With general educators?
    • With special educators?
    • With students and families?
    • With the community and all stakeholders?


  2. What training or technical assistance might be needed to maximize the effectiveness of schoolwide interventions for general educators?
    • for special educators?
    • for students and families?
    • for administrators?
    • for related service providers


  3. How can the community support schoolwide programs? How can efforts be linked so that interventions in the school and community support each other?


  4. How can various funding sources, including available IDEA funds, be combined to benefit all students?


  5. What barriers, including attitudinal and programmatic, might various stakeholder groups face in using IDEA funds in schoolwide programs?
    • What impact might these barriers have on decisions about use of funds in school-wide programs?
    • What recommendations might be implemented to overcome these barriers?


  6. How might schoolwide programs be used to address educational goals in the student’s IEP?


  7. How could schoolwide programs connect with family needs?

    These questions were developed by the following stakeholders working together:

    Role: TA Provider
    Location: California

    Role: Teacher
    Location: Florida

    Role: General Education Administrator
    Location: Illinois

    Role: Family Member
    Location: West Virginia

    Role: Related Service Provider
    Alaska

    Role: General Education Administrator
    Location: Wyoming

    Role: Special Education Administrator
    Florida

    Role: Higher Education
    Location: Indiana

    Role: Related Service Provider
    Location: Kentucky

    Role: Special Education Administrator
    Location: Georgia