Accountability, Grants and Funding

Under the Individuals with Disabilities Act (IDEA) of 2004, districts and charters have an obligation to ensure that all students with disabilities have available to them a free and appropriate public education (FAPE) in the least restrictive environment (LRE) that emphasizes special education and related services designed to meet their unique needs, and prepares them for further education, employment, and independent living. Districts and charters must ensure that the rights of children with disabilities and their families are protected.

The federal Office of Special Education Programs (OSEP) is responsible for ensuring states’ compliance with IDEA. OSEP has developed a continuous improvement monitoring process that includes compliance and fiscal oversight.

The Delaware Department of Education’s Exceptional Children Resources workgroup has the responsibility of assisting districts, charters, educational service agencies, and public agencies as they provide for the education of all students with disabilities by:

In addition, the workgroup provides grant and funding information to support districts and charters in supporting this mission.

Students looking at school work

How is your district or charter performing in special education?

State, District and Charter Performance Plan and Annual Performance Reports

Compliance Monitoring

Compliance Monitoring is a process at the local level to ensure that districts and charters are following the federal IDEA and all State of Delaware requirements regarding students with disabilities. Any noncompliance is addressed by the state through technical assistance, additional supports and oversight.

Includes Evaluations, Eligibility Determination, Individualized Education Programs and Procedural Safeguards for districts and charters. Ensures compliance with IDEA and eligibility for assistance under IDEA. Proper documentation must be on file regarding FAPE and provisions of IDEA for students with disabilities.

Individualized Education Programs (IEPs):

Presentation on IEP Meeting Participants and Transfer IEPs from December 19, 2012 Leadership Meeting.

Fiscal Monitoring

The Delaware Department of Education (DDOE) Exceptional Resources Work Group (ECR) is responsible for monitoring the programmatic and financial activities of its subrecipients to ensure proper stewardship of funds including Individuals with Disabilities Education Act (IDEA) Part B Sections 611 and 619 subgrants. Administrative responsibilities include the general supervision requirements of the IDEA, as well as program and fiscal monitoring and support for subrecipients as required by federal and state statutes and regulations. These policies and procedures ensure the oversight, evaluation, and monitoring of each Delaware Local Education Agency (LEA) and any other subrecipient.

Time and Effort

  • Proper documentation is on file for federally funded staff:
    • Internal controls include written policies/procedures for accurately documenting compensation and fringe benefits paid with federal funds
    • Required documentation is maintained for all employees compensated with Federal funds. The required documentation is dependent on the percentage of time an employee is expected to spend on a Federal award or cost objective.
  • Legislation/Regulation Authority: 2 CFR §200.430-431
  • FFY 2024 Employee Certifications and Personnel Activity Reports Monitoring Protocol
  • Time and Effort Guidance Document

Budget vs Expenditure

  • Federal awards are used for authorized purposes and to ensure that proper documentation is on file for approved expenditures.
    • The Annual Budget Report must document that IDEA funds were spent in accordance with those budgeted for the Consolidated Grant.
  • Legislation/Regulation Authority: 2 C.F.R. 200.331; 2 C.F.R. 200.302 (b)(3); 2 C.F.R. 200.403 (a)(g)
  • FFY 2024 IDEA Budget vs. Expenditure Monitoring Protocol

Procurement Procedures

  • Procurement procedures have been developed, documented and implemented accordingly to reflect applicable state and local laws and regulations, and that conform to federal standards.
  • Legislation/Regulation Authority: 2 CFR §200.318; 2CFR §200.320; 29 Del. C. c. 69 VI. § 6980-6987
  • FFY 2024 IDEA Procurement Procedures Monitoring Protocol

Property Records

  • Procedures and records are maintained for equipment purchased with federal funds and a physical inventory must be conducted at least every two years.
  • Legislation/Regulation Authority: 2 CFR §200.313 (d); 2 CFR §200.439 (b)(1)
  • FFY 2024 IDEA Property Records Monitoring Protocol

Maintenance of Fiscal Effort (MOE)

  • Funds provided to a district or charter under Part B of the IDEA must not be used to reduce the level of expenditures for the education of students with disabilities made from local funds below the level of those expenditures for the preceding fiscal year.
  • Legislation/Regulation Authority: 34 CFR §300.163
  • Maintenance of Fiscal Effort (MOE) Protocol
  • MOE Quick Reference Guide

Excess Cost

  • IDEA funds may only be used to pay the excess cost of providing special education and related services to children with disabilities and must be used to supplement State, local, and other Federal funds and not to supplant those funds.
  • Legislation/Regulation Authority: 2 CFR §300.16; 2 CFR §300.202(a)(2)
  • Excess Cost Requirements

Proportionate Share

  • Each LEA must expend, on the provision of special education and related services for the parentally placed private school and home schooled children with disabilities located in the LEA, a proportionate share of the LEA’s subgrants under IDEA B § 611.
  • Legislation/Regulation Authority: 34 CFR § 300.133; Delaware Administrative Code Title 14 Education, §900 Special Populations
  • US DOE Guidance
  • OSEP Q and A

Equitable Services

  • Under the IDEA, LEAs have an obligation to provide parentally placed private school and home schooled children with disabilities an opportunity for equitable participation in the services funded with Federal Part B funds that the LEA has determined, after consultation, to make available to its population of parentally placed private school children with disabilities.
  • Legislation/Regulation Authority: 34 CFR §300.300 – 300.622; Delaware Administrative Code Title 14 Education, §900 Special Populations
  • US DOE Guidance
  • OSEP Q and A
  • FFY 2023 IDEA Equitable Services Monitoring Protocol

Records Retention

Grants and Funding

Needs-Based Funding

Procedures guiding the administration and verification of the annual unit count for students with disabilities.

Reports

Consolidated Grant Application

Program designed to leverage resources across programs to ensure that all children have an opportunity to meet state academic achievement standards. This eliminates the need for districts and charters to submit multiple plans, making the application process more efficient for applicants.

Resources

For more information on district and charter accountability and funding for students with disabilities, contact Exceptional Children Resources at 302-735-4210.

Last Modified on May 21, 2024