POLICY LETTER: February 13, 2009 to District of Columbia Attorney Leigh M. Manasevit

2/13/09Leigh M. Manasevit, Esq. Brustein and Manasevit Attorneys at Law3105 South Street, NW Washington, DC 20007Dear Mr. Manasevit:This is in response to your September 17, 2008 letter to Tracy R. Justesen, Assistant Secretary for the Office of Special Education and Rehabilitative Services in the U.S. Department of Education. Your letter was forwarded to the Office of Special Education Programs (OSEP) for response. I apologize for the delay in responding to your inquiry. Your questions regarding how population and poverty allocations are calculated for a School for the Blind and a State Department of Juvenile Services and OSEP's responses follow.Are we correct that when funding these institutions under 34 CFR 300.705 we are to use thethree part formula that includes a base payment allocation, 85% population allocation, and15% poverty allocation? If not, what formula are we to use? If so, how do those factorsapply in the following scenarios?OSEP's Response: Yes, assuming that the State educational agency (SEA) has determined these institutions are eligible for funding under 34 CFR 300.705, the SEA would use a base payment, a payment based on population, and a payment based on poverty in calculating the amount of the awards, just as it does for all subgrantees under that section.If the School for the Blind includes children from the entire State, how is the population (85%) of the relative number of children enrolled in public and private elementary and secondary schools calculated for the School for the Blind? How is the relative number of children living in poverty (15%) calculated for the School for the Blind?OSEP's Response: In calculating the population allocation to an eligible School for the Blind, the SEA would use the number of children enrolled in the School for the Blind. This is so even though the enrollment of the School for the Blind is limited to children receiving special education services, does not include nondisabled children, and is derived from students from across the entire State. In calculating the poverty payment to an eligible School for the Blind, the SEA would use the number of students enrolled at the School for the Blind, who are living in poverty. The SEA would determine, as it does for its other eligible local educational agencies, based on SEA criteria (e.g., parent income, free and reduced lunch, etc.), the numbers of those children enrolled at the School for the Blind who are living in poverty.Page 2 - Leigh M. Manasevit, Esq.3. If the Department of Juvenile Services provides educational services to children from the entire State, how is the population (85%) of the relative number of children enrolled in public arid private elementary and secondary schools calculated for the Department of Juvenile Services? How is the relative number of children living in poverty (15%) calculated for the Department of Juvenile Services?OSEP's Response: We have limited information about the manner in which State Departments of Juvenile Services provide educational programs; that is, whether it is a direct provider of educational services, or whether it places children in other public or privaOffice of Special Education Programs2/13/09Leigh M. Manasevit, Esq. Brustein and Manasevit Attorneys at Law3105 South Street, NW Washington, DC 20007Dear Mr. Manasevit:This is in response to your September 17, 2008 letter to Tracy R. Justesen, Assistant Secretary for the Office of Special Education and Rehabilitative Services in the U.S. Department of Education. Your letter was forwarded to the Office of Special Education Programs (OSEP) for response. I apologize for the delay in responding to your inquiry. Your questions regarding how population and poverty allocations are calculated for a School for the Blind and a State Department of Juvenile Services and OSEP's responses follow.Are we correct that when funding these institutions under 34 CFR 300.705 we are to use thethree part formula that includes a base payment allocation, 85% population allocation, and15% poverty allocation? If not, what formula are we to use? If so, how do those factorsapply in the following scenarios?OSEP's Response: Yes, assuming that the State educational agency (SEA) has determined these institutions are eligible for funding under 34 CFR 300.705, the SEA would use a base payment, a payment based on population, and a payment based on poverty in calculating the amount of the awards, just as it does for all subgrantees under that section.If the School for the Blind includes children from the entire State, how is the population (85%) of the relative number of children enrolled in public and private elementary and secondary schools calculated for the School for the Blind? How is the relative number of children living in poverty (15%) calculated for the School for the Blind?OSEP's Response: In calculating the population allocation to an eligible School for the Blind, the SEA would use the number of children enrolled in the School for the Blind. This is so even though the enrollment of the School for the Blind is limited to children receiving special education services, does not include nondisabled children, and is derived from students from across the entire State. In calculating the poverty payment to an eligible School for the Blind, the SEA would use the number of students enrolled at the School for the Blind, who are living in poverty. The SEA would determine, as it does for its other eligible local educational agencies, based on SEA criteria (e.g., parent income, free and reduced lunch, etc.), the numbers of those children enrolled at the School for the Blind who are living in poverty.Page 2 - Leigh M. Manasevit, Esq.3. If the Department of Juvenile Services provides educational services to children from the entire State, how is the population (85%) of the relative number of children enrolled in public arid private elementary and secondary schools calculated for the Department of Juvenile Services? How is the relative number of children living in poverty (15%) calculated for the Department of Juvenile Services?OSEP's Response: We have limited information about the manner in which State Departments of Juvenile Services provide educational programs; that is, whether it is a direct provider of educational services, or whether it places children in other public or privaOffice of Special Education Programs