POLICY LETTER: April 26, 2002 OSEP memorandum 02-06 RESCINDED

Dated April 26, 2002Contact PersonsName: Ruth RyderTelephone: (202) 205-5547Name: Larry WexlerTelephone: (202) 205-5390OSEP 02-06MEMORANDUMTO:State Directors of Special EducationFROM:Patricia J. GuardActing DirectorOffice of Special Education ProgramsSUBJECT: Implementing the New Funding Formula Under the IDEAYear of Age Cohorts for Which FAPE is EnsuredThe IDEA funding formula for Section 611 of Part B, first allocates base amounts to States that are equal to the amounts they received of FFY 99 funds. Then 85 percent of any remaining funds are allocated among the States, on the basis of their relative populations of children aged 3 through 21, who are of the same age as children with disabilities for whom the State ensures the availability of a free appropriate public education, and 15 percent of those funds remaining after the base payments are allocated on the basis of the relative populations of children described [in the 85 percent clause] who are living in poverty. See Section 611(e)(3)(A); see also 34 CFR 300.707 (same).At this point, all States are providing FAPE to all children with disabilities aged 3 through 17. State practice varies for children aged 18 through 21. For example, some States ensure FAPE for all children with disabilities through age 21 (and in some cases, even beyond that age). Some States ensure FAPE for all children who have not reached 21 by a date certain, such as September 1, and continue to ensure FAPE for children who turn 21 after that date for the remainder of the school year. Other States ensure FAPE for all children with disabilities through age 18, but allow LEAs to serve children with disabilities beyond that age.In order to calculate State grants under Section 611 of Part B this year, we have to determine the age cohort to be used for determining the relative populations of the States based on the years of age for which a child with disabilities is ensured the availability of FAPE. The age cohort information is used in determining the population and poverty elements of a State's grant. Our rule for establishing the age cohort is quite simple -- all children with disabilities, who are a particular number of years old, must be ensured the availability of FAPE in order for that age year to be included in the State's relative population-age cohort. For example, if a State ensures FAPE to children through the end of a school term or school year in which the child turns 21, the State is ensuring the availability of FAPE to all children with disabilities through age 20 years old, but is not ensuring the availability of FAPE to all who are 21 years old. Therefore, the last age year to be included in their relative population-age cohort would be 20.Page 2 State Directors of Special EducationThe attached chart identifies, by State, in the second column, the year of age cohorts that we will use to determine relative population for the population and poverty elements of the formula. The third column provides a description of how the State determines the upper age for the provision of FAPE taken from State documents.We ask you to carefully review this information. If you believe there are any errors, we need to be notified immediately. Any unresolved problems will affect the grants to all States. If we do not hear from your State by June 22, 2001, we will assume you agree with our determination.If you have any questions about this memorandum, please contact Ruth Ryder at (202) 205-5547 or Larry Wexler at (202) 205-5390.AttachmentAge Cohort (for years of age 3 through 21) for which FAPE is Ensured (6/1/01)StateYears of Age CohortDescription of Upper Age LimitAL3 through 20Can complete school year in which turn 21 unless received a high school diploma.AK3 through 21At least 3 but less than 22 years of age.A SamN/AAZ3 through 21At least 3 but less than 22.AR3 through 20Aged 3 to 21.BIAN/ACA3 through 18Between 19 & 21 if enrolled in special ed PRIOR to age 19.Turns 22 Jan-June inclusive can continue for remainder of fiscal year including ESY.If turns 22 during Oct, Nov, or Dec can go until Dec 31.If 22 during July, Aug or Sept not allowed to begin a new fiscal year unless in a year round program can complete the term that crosses the fiscal year.CO3 through 20Between ages of 3 and 21. If turn 21 during school year can complete that semester.CT3 through 203 to end of school year when turns 21.CNMIN/ADE3 through 20DB, HI, VI & autistic: 0 through 20Other categories: 3 through 20.DC3 through 21End of semester in which turns 22.FL3 through 21Between the ages of 3 and 21, inclusive.GA3 through 213 through 21 years of age.GuamN/AHI3 through 19Under 20 on the first instructional day. If turn 20 during school year can complete year.ID3 through 203 through semester turns 21.IL3 through 20Between the ages of 3 and 21. If turns 21 after beginning of school year can complete year and following summer if specified in the IEP.IN3 through 213 through 21 (less than 22). IA3 through 20Under 21 years of age. LEAs can request to serve to 24.KS3 through 20Through school year in which reaches 21.KY3 through 20Under 21 years of age.LA3 through 213 to not more than 21 years, inclusive. of Age CohortDescription of Upper Age LimitME3 through 19Has not reached 20 at the start of the school year.MD3 through 20As of October 1, 2000 end of school year in which child turns 21. Was birth through 20.MA3 through 213 through 21.MI3 through 21Birth to 22. State law to 26.MN3 through 210 until September 1 after the student turns 22.MS3 through 203 through 20.MO3 through 20Between 3 and 21 years.MT3 through 18Between ages of 3 and 18, inclusive. Districts may serve through school year child turns 21. NE3 through 200 through school year reaches 21NV3 through 21Under the age of 22.NH3 through 203 years of age or older but less than 21 years of age.NJ3 through 213 through 21.NM3 through 21Serves 2 if turns 3 during school year and will serve if turns 22 during school year. NY3 through 20Who has not attained the age of 21 prior to September 1.NC3 through 202 through 20; permissive 0-2 and 21.ND3 through 20Has not reached 21 by midnight of August 31st. OH3 through 21Below age 22.OK3 through 21Aged 3 through 21.OR3 through 20Not yet reached 21 years by Sept. 1. If turns 21 during school year finishes year.PA3 through 20End of school year child turns 21.PR3 through 213 through 21 years.RI3 through 20If turns 21 during last semester of school year can finish the balance of the school yearSC3 through 21Ages 3 through 21.SD3 through 20Can complete school year during fiscal year in which turns 21. Fiscal year begins July 1.TN3 through 213 through 21. If turns 22 during school year can complete that school year.TX3 through 213 through 21 (birth for VI).UT3 through 21Between the ages of 3 and 22.StateYears of Age CohortDescription of Upper Age LimitVT3 through 213 up to 22nd birthday.VA3 through 21Children whose second birthday falls on or before Sept 30 and who have not reached their 22nd birthday on or before Sept 30.VIN/AWA3 through 20Between 3 and 21. If turns 21 after August 31 eligible for remainder of school year.WV3 through 20Between 3 and 21 years of age prior to Sept. 1 of the school year.WI3 through 203 to 21 unless turns 21 during school term (i.e., school year) then can finish the term. If 21 in Oct remains until June.WY3 through 20Under the age of 21.Dated April 26, 2002Contact PersonsName: Ruth RyderTelephone: (202) 205-5547Name: Larry WexlerTelephone: (202) 205-5390OSEP 02-06MEMORANDUMTO:State Directors of Special EducationFROM:Patricia J. GuardActing DirectorOffice of Special Education ProgramsSUBJECT: Implementing the New Funding Formula Under the IDEAYear of Age Cohorts for Which FAPE is EnsuredThe IDEA funding formula for Section 611 of Part B, first allocates base amounts to States that are equal to the amounts they received of FFY 99 funds. Then 85 percent of any remaining funds are allocated among the States, on the basis of their relative populations of children aged 3 through 21, who are of the same age as children with disabilities for whom the State ensures the availability of a free appropriate public education, and 15 percent of those funds remaining after the base payments are allocated on the basis of the relative populations of children described [in the 85 percent clause] who are living in poverty. See Section 611(e)(3)(A); see also 34 CFR 300.707 (same).At this point, all States are providing FAPE to all children with disabilities aged 3 through 17. State practice varies for children aged 18 through 21. For example, some States ensure FAPE for all children with disabilities through age 21 (and in some cases, even beyond that age). Some States ensure FAPE for all children who have not reached 21 by a date certain, such as September 1, and continue to ensure FAPE for children who turn 21 after that date for the remainder of the school year. Other States ensure FAPE for all children with disabilities through age 18, but allow LEAs to serve children with disabilities beyond that age.In order to calculate State grants under Section 611 of Part B this year, we have to determine the age cohort to be used for determining the relative populations of the States based on the years of age for which a child with disabilities is ensured the availability of FAPE. The age cohort information is used in determining the population and poverty elements of a State's grant. Our rule for establishing the age cohort is quite simple -- all children with disabilities, who are a particular number of years old, must be ensured the availability of FAPE in order for that age year to be included in the State's relative population-age cohort. For example, if a State ensures FAPE to children through the end of a school term or school year in which the child turns 21, the State is ensuring the availability of FAPE to all children with disabilities through age 20 years old, but is not ensuring the availability of FAPE to all who are 21 years old. Therefore, the last age year to be included in their relative population-age cohort would be 20.Page 2 State Directors of Special EducationThe attached chart identifies, by State, in the second column, the year of age cohorts that we will use to determine relative population for the population and poverty elements of the formula. The third column provides a description of how the State determines the upper age for the provision of FAPE taken from State documents.We ask you to carefully review this information. If you believe there are any errors, we need to be notified immediately. Any unresolved problems will affect the grants to all States. If we do not hear from your State by June 22, 2001, we will assume you agree with our determination.If you have any questions about this memorandum, please contact Ruth Ryder at (202) 205-5547 or Larry Wexler at (202) 205-5390.AttachmentAge Cohort (for years of age 3 through 21) for which FAPE is Ensured (6/1/01)StateYears of Age CohortDescription of Upper Age LimitAL3 through 20Can complete school year in which turn 21 unless received a high school diploma.AK3 through 21At least 3 but less than 22 years of age.A SamN/AAZ3 through 21At least 3 but less than 22.AR3 through 20Aged 3 to 21.BIAN/ACA3 through 18Between 19 & 21 if enrolled in special ed PRIOR to age 19.Turns 22 Jan-June inclusive can continue for remainder of fiscal year including ESY.If turns 22 during Oct, Nov, or Dec can go until Dec 31.If 22 during July, Aug or Sept not allowed to begin a new fiscal year unless in a year round program can complete the term that crosses the fiscal year.CO3 through 20Between ages of 3 and 21. If turn 21 during school year can complete that semester.CT3 through 203 to end of school year when turns 21.CNMIN/ADE3 through 20DB, HI, VI & autistic: 0 through 20Other categories: 3 through 20.DC3 through 21End of semester in which turns 22.FL3 through 21Between the ages of 3 and 21, inclusive.GA3 through 213 through 21 years of age.GuamN/AHI3 through 19Under 20 on the first instructional day. If turn 20 during school year can complete year.ID3 through 203 through semester turns 21.IL3 through 20Between the ages of 3 and 21. If turns 21 after beginning of school year can complete year and following summer if specified in the IEP.IN3 through 213 through 21 (less than 22). IA3 through 20Under 21 years of age. LEAs can request to serve to 24.KS3 through 20Through school year in which reaches 21.KY3 through 20Under 21 years of age.LA3 through 213 to not more than 21 years, inclusive. of Age CohortDescription of Upper Age LimitME3 through 19Has not reached 20 at the start of the school year.MD3 through 20As of October 1, 2000 end of school year in which child turns 21. Was birth through 20.MA3 through 213 through 21.MI3 through 21Birth to 22. State law to 26.MN3 through 210 until September 1 after the student turns 22.MS3 through 203 through 20.MO3 through 20Between 3 and 21 years.MT3 through 18Between ages of 3 and 18, inclusive. Districts may serve through school year child turns 21. NE3 through 200 through school year reaches 21NV3 through 21Under the age of 22.NH3 through 203 years of age or older but less than 21 years of age.NJ3 through 213 through 21.NM3 through 21Serves 2 if turns 3 during school year and will serve if turns 22 during school year. NY3 through 20Who has not attained the age of 21 prior to September 1.NC3 through 202 through 20; permissive 0-2 and 21.ND3 through 20Has not reached 21 by midnight of August 31st. OH3 through 21Below age 22.OK3 through 21Aged 3 through 21.OR3 through 20Not yet reached 21 years by Sept. 1. If turns 21 during school year finishes year.PA3 through 20End of school year child turns 21.PR3 through 213 through 21 years.RI3 through 20If turns 21 during last semester of school year can finish the balance of the school yearSC3 through 21Ages 3 through 21.SD3 through 20Can complete school year during fiscal year in which turns 21. Fiscal year begins July 1.TN3 through 213 through 21. If turns 22 during school year can complete that school year.TX3 through 213 through 21 (birth for VI).UT3 through 21Between the ages of 3 and 22.StateYears of Age CohortDescription of Upper Age LimitVT3 through 213 up to 22nd birthday.VA3 through 21Children whose second birthday falls on or before Sept 30 and who have not reached their 22nd birthday on or before Sept 30.VIN/AWA3 through 20Between 3 and 21. If turns 21 after August 31 eligible for remainder of school year.WV3 through 20Between 3 and 21 years of age prior to Sept. 1 of the school year.WI3 through 203 to 21 unless turns 21 during school term (i.e., school year) then can finish the term. If 21 in Oct remains until June.WY3 through 20Under the age of 21.