13.08 Federal Revenue Sources

13.08.01 Federal Application Process

Legal Citations

See 20 U.S.C. §§ 1401-1461.

13.08.02 Eligibility

Legal Citations

A State shall be eligible for a grant under this section if such State -

(1) Is eligible under 20 U.S.C. § 1412 to receive a grant under this subchapter and

(2) Makes FAPE available to all children with disabilities, aged 3 through 5, residing in the State. 20 U.S.C. § 1419(b)(2).

13.08.03 Part B of IDEA Flow-Through

Legal Citations

A. State Plan

See 20 U.S.C. § 1412 (State educational agency eligibility)

See 20 U.S.C. § 1413 (local educational agency liability)

13.08.04 Preschool Subgrants to Local Educational Agencies

Legal Citations

Each State that receives a grant under this section for any fiscal year shall distribute any of the grant funds that it does not reserve under subsection (d) of this section to local educational agencies in the State that have established their eligibility under [20 U.S.C. § 1413], as follows:

(A) The State shall first award each agency described [above] the amount that agency would have received under this section for fiscal year 1997 if the State had distributed 75 percent of its grant for that year under[ 20 U.S.C. § 1419(c)(3)], as then in effect.

(B) After making allocations under subparagraph (A), the State shall -

(i) allocate 85 percent of any remaining funds to those agencies on the basis of the relative numbers of children enrolled in public and private elementary and secondary schools within the agency's jurisdiction; and

(ii) allocate 15 percent of those remaining funds to those agencies in accordance with their relative numbers of children living in poverty, as determined by the State educational agency. 20 U.S.C. § 1419(g)(1).

13.08.05 State Waiver of Requirement Regarding Supplementing and not Supplanting with Part B Funds

Legal Citations

(a) Except as provided under §§ 300.202 through 300.205, funds paid to a State under Part B of the Act must be used to supplement and increase the level of Federal, State, and local funds (including funds that are not under the direct control of SEAs or LEAs) expended for special education and related services provided to children with disabilities under Part B of the Act and in no case to supplant those Federal, State, and local funds. A State may use funds it retains under § 300.704 (a) and (b) without regard to the prohibition on supplanting other funds.

(b) If a State provides clear and convincing evidence that all eligible children with disabilities throughout the State have FAPE available to them, the Secretary may waive for a period of one year in whole or in part the requirement under § 300.162 (regarding State-level nonsupplanting) if the Secretary concurs with the evidence provided by the State.

(d) If the Secretary determines that the request and supporting evidence submitted by the State makes a prima facie showing that FAPE is, and will remain, available to all eligible children with disabilities in the State, the Secretary, after notice to the public throughout the State, conducts a public hearing at which all interested persons and organizations may present evidence regarding the following issues:

(1) Whether FAPE is currently available to all eligible children with disabilities in the State.

(2) Whether the State will be able to ensure that FAPE remains available to all eligible children with disabilities in the State if the Secretary provides the requested waiver.

(e) Following the hearing, the Secretary, based on all submitted evidence, will provide a waiver, in whole or in part, for a period of one year if the Secretary finds that the State has provided clear and convincing evidence that FAPE is currently available to all eligible children with disabilities in the State, and the State will be able to ensure that FAPE remains available to all eligible children with disabilities in the State if the Secretary provides the requested waiver. 34 C.F.R. § 300.164, subd.(a),(b),(d), & (e).