View all text of Subchapter II [§ 1411 - § 1419]
§ 1413. Local educational agency eligibility
(a) In generalA local educational agency is eligible for assistance under this subchapter for a fiscal year if such agency submits a plan that provides assurances to the State educational agency that the local educational agency meets each of the following conditions:
(1) Consistency with State policies
(2) Use of amounts
(A) In generalAmounts provided to the local educational agency under this subchapter shall be expended in accordance with the applicable provisions of this subchapter and—
(i) shall be used only to pay the excess costs of providing special education and related services to children with disabilities;
(ii) shall be used to supplement State, local, and other Federal funds and not to supplant such funds; and
(iii) shall not be used, except as provided in subparagraphs (B) and (C), to reduce the level of expenditures for the education of children with disabilities made by the local educational agency from local funds below the level of those expenditures for the preceding fiscal year.
(B) ExceptionNotwithstanding the restriction in subparagraph (A)(iii), a local educational agency may reduce the level of expenditures where such reduction is attributable to—
(i) the voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel;
(ii) a decrease in the enrollment of children with disabilities;
(iii) the termination of the obligation of the agency, consistent with this subchapter, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the State educational agency, because the child—(I) has left the jurisdiction of the agency;(II) has reached the age at which the obligation of the agency to provide a free appropriate public education to the child has terminated; or(III) no longer needs such program of special education; or
(iv) the termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities.
(C) Adjustment to local fiscal effort in certain fiscal years
(i) Amounts in excess
(ii) Use of amounts to carry out activities under ESEA
(iii) State prohibition
(iv) Special rule
(D) Schoolwide programs under title I of the ESEANotwithstanding subparagraph (A) or any other provision of this subchapter, a local educational agency may use funds received under this subchapter for any fiscal year to carry out a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6314], except that the amount so used in any such program shall not exceed—
(i) the number of children with disabilities participating in the schoolwide program; multiplied by
(ii)(I) the amount received by the local educational agency under this subchapter for that fiscal year; divided by(II) the number of children with disabilities in the jurisdiction of that agency.
(3) Personnel development
(4) Permissive use of funds
(A) UsesNotwithstanding paragraph (2)(A) or section 1412(a)(17)(B) of this title (relating to commingled funds), funds provided to the local educational agency under this subchapter may be used for the following activities:
(i) Services and aids that also benefit nondisabled children
(ii) Early intervening services
(iii) High cost education and related services
(B) Administrative case management
(5) Treatment of charter schools and their studentsIn carrying out this subchapter with respect to charter schools that are public schools of the local educational agency, the local educational agency—
(A) serves children with disabilities attending those charter schools in the same manner as the local educational agency serves children with disabilities in its other schools, including providing supplementary and related services on site at the charter school to the same extent to which the local educational agency has a policy or practice of providing such services on the site to its other public schools; and
(B) provides funds under this subchapter to those charter schools—
(i) on the same basis as the local educational agency provides funds to the local educational agency’s other public schools, including proportional distribution based on relative enrollment of children with disabilities; and
(ii) at the same time as the agency distributes other Federal funds to the agency’s other public schools, consistent with the State’s charter school law.
(6) Purchase of instructional materials
(A) In general
(B) Rights of local educational agency
(7) Information for State educational agency
(8) Public information
(9) Records regarding migratory children with disabilities
(b) Exception for prior local plans
(1) In general
(2) Modification made by local educational agency
(3) Modifications required by State educational agency
(c) Notification of local educational agency or State agency in case of ineligibility
(d) Local educational agency compliance
(1) In general
(2) Additional requirement
(3) Consideration
(e) Joint establishment of eligibility
(1) Joint establishment
(A) In general
(B) Charter school exception
(2) Amount of payments
(3) RequirementsLocal educational agencies that establish joint eligibility under this subsection shall—
(A) adopt policies and procedures that are consistent with the State’s policies and procedures under section 1412(a) of this title; and
(B) be jointly responsible for implementing programs that receive assistance under this subchapter.
(4) Requirements for educational service agencies
(A) In generalIf an educational service agency is required by State law to carry out programs under this subchapter, the joint responsibilities given to local educational agencies under this subsection shall—
(i) not apply to the administration and disbursement of any payments received by that educational service agency; and
(ii) be carried out only by that educational service agency.
(B) Additional requirement
(f) Early intervening services
(1) In general
(2) ActivitiesIn implementing coordinated, early intervening services under this subsection, a local educational agency may carry out activities that include—
(A) professional development (which may be provided by entities other than local educational agencies) 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
(B) providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.
(3) Construction
(4) ReportingEach local educational agency that develops and maintains coordinated, early intervening services under this subsection shall annually report to the State educational agency on—
(A) the number of students served under this subsection; and
(B) the number of students served under this subsection who subsequently receive special education and related services under this chapter during the preceding 2-year period.
(5) Coordination with Elementary and Secondary Education Act of 1965
(g) Direct services by the State educational agency
(1) In generalA State educational agency shall use the payments that would otherwise have been available to a local educational agency or to a State agency to provide special education and related services directly to children with disabilities residing in the area served by that local educational agency, or for whom that State agency is responsible, if the State educational agency determines that the local educational agency or State agency, as the case may be—
(A) has not provided the information needed to establish the eligibility of such local educational agency or State agency under this section;
(B) is unable to establish and maintain programs of free appropriate public education that meet the requirements of subsection (a);
(C) is unable or unwilling to be consolidated with 1 or more local educational agencies in order to establish and maintain such programs; or
(D) has 1 or more children with disabilities who can best be served by a regional or State program or service delivery system designed to meet the needs of such children.
(2) Manner and location of education and services
(h) State agency eligibilityAny State agency that desires to receive a subgrant for any fiscal year under section 1411(f) of this title shall demonstrate to the satisfaction of the State educational agency that—
(1) all children with disabilities who are participating in programs and projects funded under this subchapter receive a free appropriate public education, and that those children and their parents are provided all the rights and procedural safeguards described in this subchapter; and
(2) the agency meets such other conditions of this section as the Secretary determines to be appropriate.
(i) Disciplinary information
(j) State agency flexibility
(1) Adjustment to State fiscal effort in certain fiscal years
(2) Prohibition
(3) Education activities
(4) Report
(5) Limitation
(Pub. L. 91–230, title VI, § 613, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2694; amended Pub. L. 114–95, title IX, § 9215(ss)(4), Dec. 10, 2015, 129 Stat. 2182.)