POLICY LETTER: June 4, 2001 OSEP memorandum 01-13.

POLICY LETTER: June 4, 2001 OSEP memorandum 01-13. (PDF)
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POLICY LETTER: June 4, 2001 OSEP memorandum 01-13. (MS Word)
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Summary

TOPIC ADDRESSED: Distribution of Funds

SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 611—Authorization; Allotment; Use of Funds; Authorization of Appropriations


Letter

June 4, 2001

Contact Persons
Name: Ruth Ryder
Telephone: (202) 205-5547

Name: Larry Wexler
Telephone: (202) 205-5390

OSEP—01-13

MEMORANDUM

TO: State Directors of Special Education
FROM: Patricia J. Guard
Acting Director
Office of Special Education Programs
SUBJECT: Implementing the New Funding Formula Under the IDEA—Year of Age Cohorts for Which FAPE is Ensured

The 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.

The 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.

Attachment


Age Cohort (for years of age 3 through 21) for which FAPE is Ensured  (6/1/01)

State Years of Age Cohort Description of Upper Age Limit
AL 3 through 20 Can complete school year in which turn 21 unless received a high school diploma.
AK 3 through 21 At least 3 but less than 22 years of age.
A Sam N/A
AZ 3 through 21 At least 3 but less than 22.
AR 3 through 20 Aged 3 to 21.
BIA N/A
CA 3 through 18
  • Between 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.
CO 3 through 20 Between ages of 3 and 21. If turn 21 during school year can complete that semester.
CT 3 through 20 3 to end of school year when turns 21.
CNMI N/A
DE 3 through 20

Other categories: 3 through 20.

DB, HI, VI & autistic: 0 through 20
DC 3 through 21 End of semester in which turns 22.
FL 3 through 21 Between the ages of 3 and 21, inclusive.
GA 3 through 21 3 through 21 years of age.
Guam N/A
HI 3 through 19 Under 20 on the first instructional day. If turn 20 during school year can complete year.
ID 3 through 20 3 through semester turns 21.
IL 3 through 20 Between 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.
IN 3 through 21 3 through 21 (less than 22).
IA 3 through 20 Under 21 years of age. LEAs can request to serve to 24.
KS 3 through 20 Through school year in which reaches 21.
KY 3 through 20 Under 21 years of age.
LA 3 through 21 3 to not more than 21 years, inclusive.
ME 3 through 19 Has not reached 20 at the start of the school year.
MD 3 through 20 As of October 1, 2000 end of school year in which child turns 21. Was birth through 20.
MA 3 through 21 3 through 21.
MI 3 through 21 Birth to 22. State law to 26.
MN 3 through 21 0 until September 1 after the student turns 22.
MS 3 through 20 3 through 20.
MO 3 through 20 Between 3 and 21 years.
MT 3 through 18 Between ages of 3 and 18, inclusive. Districts may serve through school year child turns 21.
NE 3 through 20 0 through school year reaches 21
NV 3 through 21 Under the age of 22.
NH 3 through 20 3 years of age or older but less than 21 years of age.
NJ 3 through 21 3 through 21.
NM 3 through 21 Serves 2 if turns 3 during school year and will serve if turns 22 during school year.
NY 3 through 20 Who has not attained the age of 21 prior to September 1.
NC 3 through 20 2 through 20; permissive 0-2 and 21.
ND 3 through 20 Has not reached 21 by midnight of August 31st.
OH 3 through 21 Below age 22.
OK 3 through 21 Aged 3 through 21.
OR 3 through 20 Not yet reached 21 years by Sept. 1. If turns 21 during school year finishes year.
PA 3 through 20 End of school year child turns 21.
PR 3 through 21 3 through 21 years.
RI 3 through 20 If turns 21 during last semester of school year can finish the balance of the school year
SC 3 through 21 Ages 3 through 21.
SD 3 through 20 Can complete school year during fiscal year in which turns 21. Fiscal year begins July 1.
TN 3 through 21 3 through 21. If turns 22 during school year can complete that school year.
TX 3 through 21 3 through 21 (birth for VI).
UT 3 through 21 Between the ages of 3 and 22.
VT 3 through 21 3 up to 22nd birthday.
VA 3 through 21 Children whose second birthday falls on or before Sept 30 and who have not reached their 22nd birthday on or before Sept 30.
VI N/A
WA 3 through 20 Between 3 and 21. If turns 21 after August 31 eligible for remainder of school year.
WV 3 through 20 Between 3 and 21 years of age prior to Sept. 1 of the school year.
WI 3 through 20 3 to 21 unless turns 21 during school term (i.e., school year) then can finish the term. If 21 in Oct remains until June.
WY 3 through 20 Under the age of 21.
 

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