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EARLY INTERVENING SERVICES - Regulations

1. Add “early intervening services” to the regulations under local educational agency (LEA) eligibility.

An LEA may not use more than 15 percent of the amount the LEA receives under Part B of the Act for any fiscal year, less any amount reduced by the LEA pursuant to 34 CFR 300.205, 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 are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment.
[34 CFR 300.226(a)] [20 U.S.C. 1413(f)(1)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. In your opinion, what are the distinctions between Early Intervening Services (EIS) and early intervention services?


  2. If up to 15% of the amount the LEA receives under Part B may be used for non-special education services, how might current services for students with special needs be impacted?


  3. What funds are available that could be combined for EIS by the LEA, and what structures are in place for using these funds?


  4. From your experiences, do you believe there are certain types of academic and/or behavior supports which might qualify for EIS funding?


  5. The regulations indicate a particular emphasis is placed on kindergarten through grade three for early intervening services. Is it important to use funds at other grade levels as well? What do you believe could influence the district to use funding at other grade levels?


  6. Why is it important for LEAs to involve families in determining use of EIS funds?


  7. How might the advocacy community react to the use of the 15% of federal funds for EIS?


  8. Why is funding of EIS services important to your stakeholders?


Application Questions

  1. In our district/state, who are the individuals who need to be involved and the funding sources that need to be considered in order to use the 15% for EIS?


  2. How might the current structure of special education services change in our district/state with the use of 15% of funds for implementation of EIS?


  3. In deciding what percentage of the allowable funds should be allotted for EIS, what should the LEA consider prior to making a decision?


  4. What criteria will the district consider in deciding whether or not to use the allowable funds above grade 3?


  5. What knowledge and skills will be needed by those responsible for determining early intervening services needs and how the services will be delivered and evaluated?

    These questions were developed by the following stakeholders working together:

    Role: Service Provider
    Location: California

    Role: Speech-Language Pathologist
    Location: Florida

    Role: Special Education Administrator
    Location: Florida

    Role: Educational Consultant
    Location: Florida

    Role: Family Member
    Location: Georgia

    Role: General Education Administrator
    Location: Illinois

    Role: Higher Education
    Location: Indiana

    Role: Teacher
    Location: Indiana

    Role: Special Education Administrator
    Location: Indiana

    Role: Special Education Administrator
    Location: Kentucky

    Role: School Psychologist
    Location: Maryland

    Role: School Psychologist
    Location: Maryland

    Role: Teacher
    Location: Minnesota

    Role: Family Member
    Location: New Jersey

    Role: Higher Education
    Location: New York

    Role: Family Member
    Location: West Virginia