POLICY LETTER: January 15, 2009 to Ohio Department of Education Chief Counsel Matthew J. DeTemple

1/15/09Matthew J. DeTempleChief CounselOhio Department of Education25 South Front Street, Mail Stop 707 Columbus, OH 43215-4183Dear Mr. DeTemple:This is in response to your October 31, 2008 letter. In your letter, you request, pursuant to 34 CFR 81.33, guidance on the question of whether funds under Part B of the Individuals with Disabilities Education Act (IDEA) that are set aside by the State under 34 CFR 300.704 can be used, in conjunction with other State and Federal funds, to provide technical assistance to schools and local educational agencies (LEAs) identified for corrective action or improvement under NCLB, due to their failure to meet adequate yearly progress (AYP). You further ask for confirmation concerning whether these funds can be used without regard to the prohibition on commingling IDEA Part B funds with State funds or the State-level supplanting requirement, in accordance with 34 CFR 300.704(d).As provided for at 34 CFR 81.Several other provisions of 34 CFR 300.704(b)(4) also may be relevant to your inquiry. Section 300.704(b)(4)(i), authorizes an SEA to use a portion of the funds available under 34 CFR 300.704(b)(1) for "support and direct services, including technical assistance, personnel preparation, and professional development and training." Section 300.704(b)(4)(viii) permits an SEA to use some of the funds available under 34 CFR 300.704(b)(1) "to support capacity building activities and improve the delivery of services by LEAs to improve results for children with disabilities." While these authorities are limited by the general purpose of the Part B grants to activities related to providing special education and related services to children with disabilities, allocating some of the funds available under 34 CFR 300.704(b)(1) in a proportional manner would be permissible, along with other Federal and State funds, to the costs of technical assistance and 1/15/09Matthew J. DeTempleChief CounselOhio Department of Education25 South Front Street, Mail Stop 707 Columbus, OH 43215-4183Dear Mr. DeTemple:This is in response to your October 31, 2008 letter. In your letter, you request, pursuant to 34 CFR 81.33, guidance on the question of whether funds under Part B of the Individuals with Disabilities Education Act (IDEA) that are set aside by the State under 34 CFR 300.704 can be used, in conjunction with other State and Federal funds, to provide technical assistance to schools and local educational agencies (LEAs) identified for corrective action or improvement under NCLB, due to their failure to meet adequate yearly progress (AYP). You further ask for confirmation concerning whether these funds can be used without regard to the prohibition on commingling IDEA Part B funds with State funds or the State-level supplanting requirement, in accordance with 34 CFR 300.704(d).As provided for at 34 CFR 81.Several other provisions of 34 CFR 300.704(b)(4) also may be relevant to your inquiry. Section 300.704(b)(4)(i), authorizes an SEA to use a portion of the funds available under 34 CFR 300.704(b)(1) for "support and direct services, including technical assistance, personnel preparation, and professional development and training." Section 300.704(b)(4)(viii) permits an SEA to use some of the funds available under 34 CFR 300.704(b)(1) "to support capacity building activities and improve the delivery of services by LEAs to improve results for children with disabilities." While these authorities are limited by the general purpose of the Part B grants to activities related to providing special education and related services to children with disabilities, allocating some of the funds available under 34 CFR 300.704(b)(1) in a proportional manner would be permissible, along with other Federal and State funds, to the costs of technical assistance and 1/15/09Matthew J. DeTempleChief CounselOhio Department of Education25 South Front Street, Mail Stop 707 Columbus, OH 43215-4183Dear Mr. DeTemple:This is in response to your October 31, 2008 letter. In your letter, you request, pursuant to 34 CFR 81.33, guidance on the question of whether funds under Part B of the Individuals with Disabilities Education Act (IDEA) that are set aside by the State under 34 CFR 300.704 can be used, in conjunction with other State and Federal funds, to provide technical assistance to schools and local educational agencies (LEAs) identified for corrective action or improvement under NCLB, due to their failure to meet adequate yearly progress (AYP). You further ask for confirmation concerning whether these funds can be used without regard to the prohibition on commingling IDEA Part B funds with State funds or the State-level supplanting requirement, in accordance with 34 CFR 300.704(d).As provided for at 34 CFR 81.Several other provisions of 34 CFR 300.704(b)(4) also may be relevant to your inquiry. Section 300.704(b)(4)(i), authorizes an SEA to use a portion of the funds available under 34 CFR 300.704(b)(1) for "support and direct services, including technical assistance, personnel preparation, and professional development and training." Section 300.704(b)(4)(viii) permits an SEA to use some of the funds available under 34 CFR 300.704(b)(1) "to support capacity building activities and improve the delivery of services by LEAs to improve results for children with disabilities." While these authorities are limited by the general purpose of the Part B grants to activities related to providing special education and related services to children with disabilities, allocating some of the funds available under 34 CFR 300.704(b)(1) in a proportional manner would be permissible, along with other Federal and State funds, to the costs of technical assistance and