CDE Guidance on Disproportionality

Significant Disproportionality

Coordinated Early Intervening Services Plan

Requirements and Instructions

2017

Service Period: July 1, 2017, through September 30, 2019

California Department of Education

Special Education Division

California Department of Education Significant Disproportionality

Special Education Division Coordinated Early Intervening Services

Requirements and Instructions––Page 1

Significant DisproportionalityCoordinated Early Intervening Services

Requirements and Instructions

Purpose

The California Department of Education (CDE) has identified certain districts as significantly disproportionate based on race or ethnicity with respect to the identification of children with disabilities; the identification of children in specific disability categories; the placement of children with disabilities in particular educational settings; or the incidence, duration, and type of disciplinary actions, including suspensions and expulsions.

The purpose of this document is to describe requirements regarding Significant Disproportionality Coordinated Early Intervening Services (SD-CEIS). The SD-CEIS Requirements and Instructions are designed to provide federal requirements and budget and plan forms for reporting use of Coordinated Early Intervening Services (CEIS) funds.

Federal Individuals with Disabilities Education ActRequirements

Under the Federal Individuals with Disabilities Education Act (IDEA)requirements, if alocal educational agency (LEA) is identified as significantly disproportionate, the LEA must reserve 15 percent of its 611 and 619 IDEA grant funds to provide comprehensive CEIS to students in the LEA. These services are specifically reserved for students who do not currently receive special education services, but who need additional academic and behavioral supports to succeed in a general education environment.

The U.S. Department of Education memorandum regarding CEIS under Part B of IDEA describes the federal requirements for use of CEIS funds by LEAs identified as significantly disproportionate by race or ethnicity. This memorandum is available as a Web document on the U.S. Department of Education Web pageat

SD-CEIS activities must:

• Focus on kindergarten through twelfth grade (K–12) instructional activities with primary focus on kindergarten through third grade

• Allow expenditures on transitional kindergarten (TK) if an LEA has an established TK program as part of the K–12 educational system

• Focus on academic and behavioral instructional services and staff development

• Occur within the allowable SD-CEIS budget period

• Not be used for special education services or special education eligibility evaluations

• Supplement, not supplant, the LEA’s Elementary Secondary Education Act activities (See questions 1 and 24 in the memorandum)

• Address the needs of those student subgroups that were identified as the basis for causing the LEA to be identified as significantly disproportionate, but not exclusively, for those student subgroups (See question 4 in the memorandum)

RequiredReporting Forms

The required budget reporting forms listed below contain elements that are required by federal law for districts identified as significantly disproportionate. To meet the compliance requirements, all completed forms must be signed, scanned, and submitted electronically to the CDE, Special Education Division, by e-mail at n or before the due dates.All forms are available on the Napa County Office of Education (NCOE) State Performance Plan Technical Assistance Project (SPP-TAP) Web site at

1. 2017 Significant Disproportionality Local Educational Agency and Special Education Local Plan Area Assurance of Compliance with the Individuals with Disabilities Education Act of 2004

Asa special condition for receipt of IDEA funds, identified districts and their associated special education local plan area (SELPA) director must sign and submit this form for the 27-month SD-CEIS period. Please note, this form was provided with the letter identifying the district as significantly disproportionate.Without an authorized signature, IDEA 611 and 619 grant funds will not be released.

1. 2017Significant Disproportionality Coordinated Early Intervening Services (SD-CEIS) Plan Form

This form collects brief information on the activities completed by the LEA as part of their programmatic improvement process to develop their action plan for implementation of CEIS. It includes the completion and submission of a Programmatic Improvement Action Plan. This plan also collects fiscal data related to the LEA’s CEIS budget allocation and how the LEA plans to expend the allocations including the 2017 Budget Allocation Summary,2017 Allowable Costs Summary and 2017 Target Student Population.

1. 2017SD-CEIS Progress Report Form

This form summarizes the activities completed and progress on the measurable outcomes selected by the LEA in their Programmatic Improvement Action Plan during the six-month period following the submission of the SD-CEIS Plan Form and the Programmatic Improvement Action Plan. The reporting schedule is located on the 2017 SD-CEIS Plan form.

1. 2017Expenditure Report Form

Each expenditure report summarizes the financial expenditures and the activities completed during the quarter reported. Each 27-month SD-CEIS reporting period requires a unique submission. The reporting schedule is located on the 2017 Expenditure Report form.

Due Dates

The due dates are displayed below for the required reporting forms. They are to be completed and submitted electronically to the CDE, Special Education Division,by e-mail at on or before the due dates listed below.

All required 2017 SD-CEIS Forms can befound on the SPP-TAP Web site at

California Department of Education Significant Disproportionality

Special Education Division Coordinated Early Intervening Services

Requirements and Instructions––Page 1

Budget and Allowable Expenditures Information for 2017

The following are required for the development of the SD-CEIS Budget:

• Reserve 15 percent of the Fiscal Year 2017-18IDEA grant funds for CEIS.

• IDEA funds budgeted for the 2017SD-CEIS plan must be exhausted within the 27-month period: July 1, 2017, through September 30, 2019.

• SD-CEIS expenses for 2017must conform to the guidance provided by the U.S. Department of Education in the memorandum regarding CEIS under Part B of the IDEA, available electronically as a Web document on the U.S. Department of Education Web site at

• Additional clarification on appropriate use of SD-CEIS funds:

• Supplement not supplant: SD-CEIS funds should only be used to supplement, and not supplant, activities funded with, and implemented utilizing, Part B funds or other federal funds (34 Code of Federal Regulations 300.266(e)).

• Professional development:SD-CEIS professional development events are for the transitional kindergarten through grade twelve personnel who are responsible for students who need additional academic and behavioral supports to succeed in the general education environment.

Personnel who only serve students with individualized education programs (IEPs) cannot be funded using SD-CEIS funds. However, special education personnel can be included in professional development activities associated with the implementation of SD-CEIS under certain circumstances. For example, if they do not increase the cost of the professional development, the quality of the professional development does not decrease, and their participation does not lead to the exclusion of personnel who are serving students defined as needing additional support, then special education personnel may be included in professional development. For more information, see question five of the U.S. Department of Education memorandum regarding CEIS under Part B of the IDEA.

• SD-CEIS planning process: Support the SD-CEIS planning process with a clear relationship to the development of the SD-CEIS Plan. SD-CEIS funds may be used to hire special consultants to assist with development of the SD-CEIS Plan. To the extent that special education personnel are involved in developing the SD-CEIS Plan, the LEA may use SD-CEIS funds to pay for this involvement.