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Coordinated Early Intervening Service Guidance FAQ

 
This document compiles Questions and Answers concerning CEIS from the USDE publications. Coordinated early intervening services are services for children in kindergarten through grade 12 (with a particular emphasis on children in kindergarten through grade 3) who have not been identified as needing special education and related services, but who need additional academic and behavioral support to succeed in a general education environment.

1. Can CEIS funds be used to provide services to students who are no longer eligible for services under IDEA?  

2. What is the relationship between free appropriate public education (FAPE) and coordinated early intervening services? 

3. What is the relationship between CEIS and No Child Left Behind (NCLB)?

4. What is the relationship between maintenance of effort (MOE) and CEIS?

5. What is scientifically based research?

6. Does CEIS require notice, and consent including written notice regarding a child's participation in CEIS, the goals for such participation, and an opportunity to refuse services?

7. Is there a specified length of time that a child must receive CEIS before an initial evaluation for special education services is conducted?

8. Can an LEA use Part B funds to provide CEIS without demonstrating that it is providing FAPE to all eligible children?

9. Can an LEA use CEIS funds to provide literacy instruction programs that target at-risk limited English proficient (LEP) students?

10. Can CEIS funds be used for preschool children?

11. What is the difference between coordinated early intervening services and early intervention services?

12. Does the reference to scientifically based academic and behaivor interventions mean mean that interventions must be aligned with recommended practices and peer-review research?

13. May an LEA include related services personnel, including speech pathologists and school psychologists , in the development and delivery of education and behavioral evaluations, services, and supports for teachers and other school staff to enable them to deliver CEIS?

14. May an LEA use Part B funds to purchase supplemental instructional materials to support CEIS?

15. How will data regarding the effectiveness of CEIS be collected?

16. What are the meaning of the terms "subsequently" and "preceding two year period" in §300.226(d)(2)?

1. Can CEIS funds be used to provide services to students who are no longer eligible for services under IDEA?
A. Yes, CEIS funds may be used to provide services to students who are not currently identified as needing special education or related services, but who need additional academic and behavior support to succeed in a general education environment. For example, a child who received special education services in kindergarten and had services discontinued in grade 1 (because the public agency and the parent agreed that the child was no longer a child with a disability), could receive coordinated early intervening services in grade 2 if the child was found to be in need of additional academic and behavioral supports to succeed in the general education environment. [Analysis of Comments and Changes, Federal Register, Vol. 71, No. 156, August 14, 2006, p 46626-46628]

2. What is the relationship between free appropriate public education (FAPE) and coordinated early intervening services?
A. CEIS does not limit or create a right to FAPE under Part B of the Act or to delay appropriate evaluation of a child suspected of having a disability. [34 C.F.R. §300.226(c)] Children receiving coordinated early intervening services do not have the same rights and protections as children identified as eligible or services under sections 614 and 615 of the Act. Section 300.226(c), consistent with section 613(f)(3) of the Act, is clear that coordinated early intervening services neither limit nor create a right to FAPE. [Analysis of Comments and Changes, Federal Register, Vol. 71, No. 156, August 14, 2006, pp 46626-46628]

3. What is the relationship between CEIS and No Child Left Behind (NCLB)?
A. CEIS funds may be used to carry out coordinated, early intervening services aligned with activities funded by, and carried out under the Elementary and Secondary Education Act (ESEA) of 1965 as amended by NCLB if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under 34 C.F.R. §300.226. [34 C.F.R. §300.226(e)] [20 U.S.C. 1413(f)(5)]

4. What is the relationship between maintenance of effort (MOE) and CEIS?
A. MOE and CEIS are interconnected. The decisions that an LEA makes about the amount of funds that it uses for one purpose affect the amount that it may use for the other. Below are examples that illustrate how 34 C.F.R. §§300.205(d) and 300.226(a) affect one another. [Appendix D to 34 C.F.R. §300]

Example 1: In this example, the amount that is 15 percent of the LEA's total grant, which is the maximum amount that the LEA may use for coordinated early intervening services (CEIS), is greater than the amount that may be used for local maintenance of effort (MOE) reduction (50 percent of the increase in the LEA's grant from the prior year's grant) (see 34 C.F.R. §300.205(a)).

Prior Year's Allocation: $900,000
Current Year's Allocation: $1,000,000
Increase: $100,000
Maximum Available for MOE Reduction: $50,000
Maximum Available for CEIS: $150,000

  • If the LEA chooses to set aside $150,000 for CEIS, it may not reduce its MOE (MOE maximum $50,000 less $150,000 for CEIS means $0 can be used for MOE).
  • If the LEA chooses to set aside $100,000 for CEIS, it may not reduce its MOE (MOE maximum $50,000 less $100,000 for CEIS means $0 can be used for MOE).
  • If the LEA chooses to set aside $50,000 for CEIS, it may not reduce its MOE (MOE maximum $50,000 less $50,000 for CEIS means $0 can be used for MOE).
  • If the LEA chooses to set aside $30,000 for CEIS, it may reduce its MOE by $20,000 (MOE maximum $50,000 less $30,000 for CEIS means $20,000 can be used for MOE).
  • If the LEA chooses to set aside $0 for CEIS, it may reduce its MOE by $50,000 (MOE maximum $50,000 less $0 for CEIS means $50,000 can be used for MOE).

Example 2: In this example, the amount that is 15 percent of the LEA's total grant, which is the maximum amount that the LEA may use for CEIS, is less than the amount that may be used for MOE reduction (50 percent of the increase in the LEA's grant from the prior year's grant) (see 34 C.F.R. §300.205(a)).

Prior Year's Allocation: $1,000,000
Current Year's Allocation: $2,000,000
Increase: $1,000,000
Maximum Available for MOE Reduction: $500,000
Maximum Available for CEIS: $300,000

  • If the LEA chooses to use no funds for MOE, it may set aside $300,000 for CEIS (CEIS maximum $300,000 less $0 means $300,000 for CEIS).
  • If the LEA chooses to use $100,000 for MOE, it may set aside $200,000 for CEIS (CEIS maximum $300,000 less $100,000 means $200,000 for CEIS).
  • If the LEA chooses to use $150,000 for MOE, it may set aside $150,000 for CEIS (CEIS maximum $300,000 less $150,000 means $150,000 for CEIS).
  • If the LEA chooses to use $300,000 for MOE, it may not set aside anything for CEIS (CEIS maximum $300,000 less $300,000 means $0 for CEIS).
  • If the LEA chooses to use $500,000 for MOE, it may not set aside anything for CEIS (CEIS maximum $300,000 less $500,000 means $0 for CEIS).

5. What is scientifically based research?
A. Scientifically based research has the meaning given the term in section 9101(37) of the Elementary and Secondary Education Act (ESEA) of 1965. Section 9101(37) of ESEA, as amended by No Child Left Behind (NCLB), defines scientifically based research as “research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs.” The statute then explains that this kind of research: (1) Employs systematic, empirical methods that draw on observation or experiment; (2) Involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; (3) Relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators; (4) Is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls; (5) Ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and (6) Has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review. (Note: practitioner journals or education magazines are not the same as peer-reviewed academic journals.) [Early Intervening Services Topic Brief, Office of Special Education Programs, October 4, 2006]

6. Does CEIS require notice, and consent including written notice regarding a child’s participation in CEIS, the goals for such participation, and an opportunity to refuse services?
A. No, children receiving CEIS do not have the same rights and protections as children identified as eligible for special education and related services. CEIS neither limits nor creates a right to FAPE. CEIS will benefit both the regular and special education programs by reducing academic and behavioral problems in the regular education program and the number of inappropriate referrals for special education and related services. [Analysis of Comments and Changes, Federal Register, Vol. 71, No. 156, August 14, 2006, pp 46626-46628]

7. Is there a specified length of time that a child must receive CEIS before an initial evaluation for special education services is conducted?
A. No, if a child receiving CEIS is suspected of having a disability, the LEA must conduct a full and individual evaluation in accordance with 34 C.F.R. §§ 300.301, 300.304, and 300.305 to determine is the child is a child with a disability and needs special education and related services. [Analysis of Comments and Changes, Federal Register, Vol. 71, No. 156, August 14, 2006, pp 46626-46628]

8. Can an LEA use Part B funds to provide EIS without demonstrating that it is providing FAPE to all eligible children?
A. Yes, the use of Part B funds for CEIS has the potential to benefit special education, as well as the education of other children, by reducing the academic and behavioral problems in the regular educational environment and reducing the number of referrals to special education that could have been avoided by relatively simple regular education interventions. The use of Part B funds for CEIS should be encouraged rather than restricted. [Analysis of Comments and Changes, Federal Register, Vol. 71, No. 156, August 14, 2006, pp 46626-46628]

9. Can an LEA use CEIS funds to provide literacy instruction programs that target at-risk limited English proficient (LEP) students?
A. Yes, an LEA may provide CEIS, including literacy instruction that targets at-risk LEP students, to students identified as LEP who have not been identified as students needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment. [Analysis of Comments and Changes, Federal Register, Vol. 71, No. 156, August 14, 2006, pp 46626-46628]

10. Can CEIS funds be used for preschool children?
A. No, these services are for children in kindergarten through grade 12, with a particular emphasis on children in kindergarten through grade 3. [Analysis of Comments and Changes, Federal Register, Vol. 71, No. 156, August 14, 2006, pp 46626-46628]

11. What is the difference between coordinated early intervening services and early intervention services?
A. Coordinated early intervening services provided under section 613(f) of the Act are services for children in kindergarten through grade 12 (with a particular emphasis on children in kindergarten through grade 3) who have not been identified as needing special education and related services, but who need additional academic and behavioral support to succeed in a general education environment.

Early intervention services, on the other hand, are services for children birth through age two that are designed to meet the developmental needs of infants and toddlers with disabilities under section 632 in Part C of the Act. Section 632(5)(A) of the Act defines infant or toddler with a disability as a child under the age of three years who (a) is experiencing developmental delays in one or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development, or (b) has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay. In addition, some States also provide early intervention services to infants and toddlers who are at risk of having a developmental delay. The Part C regulations will address, in detail, the early intervention services provided under section 632 of the Act. [Analysis of Comments and Changes, Federal Register, Vol. 71, No. 156, August 14, 2006, pp 46626-46628]

12. Does the reference to scientifically based academic and behavior interventions mean that interventions must be aligned with recommended practices and peer-review research?
A. Scientifically based research must be accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review. The statue and regulations do not refer to “recommended practices” which is a term of art that, generally, refers to practices that the field has adopted as “best practices,” and which may or may not be based on evidence from scientifically based research. [Analysis of Comments and Changes, Federal Register, Vol. 71, No. 156, August 14, 2006, pp 46626-46628]

13. May an LEA include related services personnel, including speech pathologists and school psychologists, in the development and delivery of education and behavioral evaluations, services, and supports for teachers and other school staff to enable them to deliver CEIS?
A. Yes, an LEA may use related services personnel in the development and delivery of CEIS. [Analysis of Comments and Changes, Federal Register, Vol. 71, No. 156, August 14, 2006, pp 46626-46628]

14. May an LEA use Part B funds to purchase supplemental instructional materials to support CEIS?
A. Yes, children targeted for coordinated early intervening services under IDEA are the very students who are most likely to need additional reinforcement to the core curriculum used in the regular classroom. Use of funds for this purpose is subject to other requirements that apply to any use of funds, such as the limitation on purchase of equipment in §605 of the Act. [Analysis of Comments and Changes, Federal Register, Vol. 71, No. 156, August 14, 2006, pp 46626-46628] TEA is required to report these data

15. How will data regarding the effectiveness of CEIS be collected?
A. An LEA is required to annually report to the state on the number of children receiving CEIS and the number of those children who eventually are identified as children with disabilities and receive special education and related services during the preceding two year period. These data will provide the state with the information needed to determine the impact of CEIS on children and to determine if these services reduce the number of referrals for special education and related services. [Analysis of Comments and Changes, Federal Register, Vol. 71, No. 156, August 14, 2006, pp 46626-46628] TEA is required to report these data to the federal goverment on an annual basis.

16. What are the meaning of the terms “subsequently” and “preceding two year period” in §300.226(d)(2)?
A. An LEA is required to report on children who began receiving special education services no more than two years after they received CEIS. For the preceding two year period, the LEA would report on the number of children who received both coordinated early intervening services and special education services during those two years. [Analysis of Comments and Changes, Federal Register, Vol. 71, No. 156, August 14, 2006, pp 46626-46628

Page last modified on 3/24/2011 04:21:01 PM.