Federal Guidance |Required Use of CEIS (Significant Disproportionality) | RTI/CEIS PowerPoint Presentation | Questions & Answers | RtI Funding Sources
An LEA may use up to 15 percent of Individuals with Disabilities Education Act, Part B (IDEA-B) funds for any fiscal year to develop and implement coordinated, early intervening services (CEIS) for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade 3) 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. [20 U.S.C. §1413(f), 34 C.F.R. §300.226] An LEA identified as having significant disproportionality based on race or ethnicity must reserve the maximum amount of 15% of IDEA-B funds to be used for coordinated early intervening services.
Prior to accessing IDEA-B funds for coordinated early intervening services, LEAs should consider assembling an integrated (general and special education) program evaluation team to: establish the basis and determine the need for coordinated early intervening services, establish a process by which the LEA will identify students needing those services and develop a written plan for implementation. While LEA’s must use their own judgment regarding Coordinated Early Intervening Services (CEIS), they should be cautioned about using CEIS monies to fund specific programs. There are several reasons for this caution:
- A district whose data indicates significant disproportionality based on race or ethnicity may be required by the State to expend all CEIS funds in a manner that specifically addresses the factors resulting in the over-representation. Districts should understand that if a specific CEIS-funded program fails to meet this requirement, use of EIS funds for such a program would likely be unallowable. For related reasons, districts with performance-based monitoring in progress should exercise caution in the use CEIS funds for specific programs.
- Districts must collect data regarding specific students served using CEIS funds and of those students, which are referred and found eligible for special education services. Schools choosing this option should be confident about their ability to meet data collection requirements for students in specific programs.
In implementing coordinated, early intervening services under 34 C.F.R. §300.226, an LEA may carry out activities that include:
- Professional development (which may be provided by entities other than LEAs) for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and
- Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction. [34 C.F.R. §300.226(b)].
Relationship between CEIS and Free Appropriate Public Education (FAPE)
CEIS does not limit or create a right to FAPE under Part B of IDEA or allow an LEA to delay appropriate evaluation of a child suspected of having a disability. [34 C.F.R. §300.226(c)]
Data Collection and Reporting Requirements
Each LEA that develops and maintains coordinated, early intervening services under 34 CFR 300.226 must annually report to the State educational agency (SEA) on:
- The number of children served under 34 C.F.R. §300.226 who received coordinated early intervening services; and LEAs must include in this count students served by personnel who participated in professional development activities supported with CEIS funds.
- The number of children served under 34 C.F.R. §300.226 who received coordinated early intervening services and subsequently receive special education and related services under Part B of IDEA during the preceding two year period. [34 C.F.R. §300.226(d)].
LEAs are encouraged to develop data collecting/reporting systems in order to ensure timely and accurate submission to the State. LEAs will annually report data to the state using the Special Ed SC5100 Early Intervening Services Data Collection form associated with the Special Education Consolidated Grant application in the eGrants system.
CEIS SC5100 Chart Detailed Version
CEIS SC5100 Brief Version
Use of Data
States will be required to report the data elements described in the above “Data Collection and Reporting Requirements” section to the U.S. Department of Education Office of Special Education Programs on an annual basis. The State will review statewide data on coordinated early intervening services to determine overall statewide performance. The State may also use the data to identify effective or successful programs.
LEAs are encouraged to review the data they collect on an ongoing basis to determine the effectiveness of their early intervention efforts.
Optional Use of CEIS Funds: LEAs may use up to 15% of the entitlement received under IDEA-B (FAR Fund Codes 224 and/or 225). These IDEA-B funds may be used in combination with other funds (including sources other than education funds) which may include interagency financing structures (Section 613(f)(1)). Federal funds always retain their identity. It is incumbent upon the Texas Education Agency (TEA) and LEAs to account for the receipt and expenditure of federal funds, and to ensure that federal funds are used for allowable costs in accordance with federal fiscal requirements.
LEAs may calculate 15% of the entitlement received under IDEA-B based on the combined total of IDEA-B formula (Fund Code 224) and preschool (Fund Code 225) funding amounts, or based only on formula or only on preschool funding amounts. If calculating the percentage on the combined total of formula and preschool funds, the funds may be taken from formula and/or preschool funds. Both fund codes 224 and 225 may be used to serve children in kindergarten through grade 12 for CEIS activities. However, the LEA may not serve preschool children with CEIS funds. LEAs that choose to set aside 15% of their tentative entitlement may also choose to recalculate the 15% once maximum entitlements are released.
Unspent CEIS funds may be reallocated during the time that the funds are available for obligation. If the LEA budgets CEIS funds on the eGrants Special Education Consolidated Grant application and then decides not to use CEIS funds, the LEA must submit an amendment to remove the EIS funds from the application. If EIS funds are budgeted on the application, the LEA will be required to submit the Special Ed SC5100 Early Intervening Services Data Collection Form to report the number of students served with the CEIS funds.
Required Use of CEIS Funds: LEAs identified as having significant disproportionality based on race or ethnicity must set aside and use the full 15% of IDEA-B funds (the combined total of IDEA-B formula fund code 224 and preschool fund code 225) for CEIS activities. Both fund codes 224 and 225 may be used to serve children in kindergarten through grade 12 for CEIS activities. The LEA may not serve preschool children with CEIS funds.
If an LEA is required to set aside 15% of their entitlement, the LEA must also recalculate the 15% once maximum entitlements are released.
The CEIS funds must be used during the period of their availability for obligation and must be used for CEIS regardless of whether the significant disproportionality is resolved during the time that the funds are available. The LEA may not reduce the amount it uses for this calculation by any other amount required by the IDEA. For example, an LEA may not deduct proportionate share funds for students parentally-placed in private schools before calculating the 15%.
LEAs should use a local option code that uniquely identifies the cost objective used to account for the expenditure of federal, state, and local funds on coordinated, early intervening services. The use of local and state funds for coordinated, early intervening services that were previously expended on special education services may result in an apparent decline in Maintenance of Effort (MOE). LEAs should maintain documentation (i.e., policies, procedures, identification criteria, needs assessment, improvement plan, budget) that adequately describes the program implemented.
For a general education student who has not been found eligible under special education, a local education agency (LEA) may use a variety of funding sources to provide supplemental services or instruction based on the student's response to scientific, research-based intervention. Potential funding sources include Title I, Part A funds and coordinated early intervening services funds.
If you have questions or concerns about early intervening services, please contact your Regional Education Service Center.
Division of Federal and State Education Policy
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560
Last Updated: March 23, 2011 | Created: April 17, 2006