POLICY LETTER: November 10, 2004 to New Hampshire Disabilities Rights Center Executive Director Richard A. Cohen
Home » Policy Documents » POLICY LETTER: November 10, 2004 to New Hampshire Disabilities Rights Center Executive Director Richard A. Cohen
November 10, 2004 to New Hampshire Disabilities Rights Center Executive Director Richard A. Cohen (MS Word)
MS WORDNovember 10, 2004 to New Hampshire Disabilities Rights Center Executive Director Richard A. Cohen (PDF)
PDFView File
November 10, 2004 to New Hampshire Disabilities Rights Center Executive Director Richard A. Cohen (MS Word)
Dated November 10, 2004Richard A. CohenExecutive DirectorDisabilities Rights Center, Inc.18 Low AvenueConcord, New Hampshire 03301Dear Mr. Cohen:This is in response to your letter to Stephanie Smith Lee, Director, Office of Special Education Programs (OSEP) regarding New Hampshire's use of funds under the Individuals with Disabilities Education Act (IDEA) for funding Statewide assessments. You indicate in your letter that New Hampshire is proposing to use $299,999 of IDEA discretionary funds and $441,167 of sliver grant funds to pay for the Statewide assessments for grades 3,6, and 10. You are requesting that OSEP review the State's proposed diversion of these funds and determine whether such diversion is permissible under the IDEA.The two categories of IDEA funds that you indicate the State wants to use for the assessment have different restrictions and purposes. Sliver grant funding (pursuant to 20 USC 1411(f)(4) of the IDEA) in the years it is available must be distributed to local educational agencies (LEAs). These funds may be used for a variety of purposes including direct services; addressing needs or carrying out improvement strategies identified in the State's Improvement Plan under Part D of the IDEA; adopting promising practices, materials or technology; establishing or implementing interagency agreements between LEAs and other agencies concerning services to children with disabilities; and cooperative problem solving between parents and school personnel. These funds are not available to be used by the State for a State-level activity. In addition, sliver grant funds are subject to State and local level supplement, and not supplant requirements under the IDEA.IDEA State set-aside funds (discretionary funds available under 20 USC 1411(f)(1)-(3)) are available to be used by the State for a variety of purposes, including support and direct services, and activities at the State and local levels to meet performance goals established by the State under section 612(a)(16) of the IDEA and to support implementation of the /s/ Patricia J. Guard forStephanie Smith LeeDirectorOffice of Special Education Programscc:Nicholas Donahue, Commissioner of EducationVirginia Irwin, Interim Director, Bureau of Special EducationPage PAGE 2 Mr. Richard A. Cohen
View PDF
November 10, 2004 to New Hampshire Disabilities Rights Center Executive Director Richard A. Cohen (PDF)
r
Richard A
. Cohen
Executive Director
Disabilities Rights Center, Inc
.
18 Low Avenue
Concord, New Hampshire 03301
Dear Mr
. Cohen
:
This is in response to your letter to Stephanie Smith Lee, Director, Office of Special
Education Programs (OSEP) regarding New Hampshire's use of funds under the
Individuals with Disabilities Education Act (IDEA) for funding Statewide assessments
.
You indicate in your letter that New Hampshire is proposing to use $299,999 of IDEA
discretionary funds and $441,167 of "sliver grant" funds to pay for the Statewide
assessments for grades 3,6, and 10
. You are requesting that OSEP review the State's
proposed diversion of these funds and determine whether such diversion is permissible
under the IDEA
.
The two categories of IDEA funds that you indicate the State wants to use for the
assessment have different restrictions and purposes
. "Sliver grant" funding (pursuant to
20 USC 1411(f)(4) of the IDEA) in the years it is available must be distributed to local
educational agencies (LEAs)
. These funds may be used for a variety of purposes
including direct services
; addressing needs or carrying out improvement strategies
identified in the State's Improvement Plan under Part D of the IDEA
; adopting promising
practices, materials or technology
; establishing or implementing interagency agreements
between LEAs and other agencies concerning services to children with disabilities
; and
cooperative problem solving between parents and school personnel
. These funds are not
available to be used by the State for a State-level activity . In addition, "sliver grant"
funds are subject to State and local level supplement, and not supplant requirements
under the IDEA
.
IDEA State set-aside funds ("discretionary" funds available under 20 USC 1411(f)(1)-
(3))
are available to be used by the State for a variety of purposes, including support and
direct services, and activities at the State and local levels to meet performance goals
established by the State under section 612(a)(16) of the IDEA and to support
implementation of the State Improvement Plan under Part D of the IDEA
. These funds
are not subject to supplement, and not supplant requirements
. These funds could be used
to pay for expenses related to the assessment of children with disabilities
.
Further, if the State uses IDEA funds to pay for an activity that it previously had paid for
with State funds, it would have to be able to demonstrate that at least the same amount of
400 MARYLAND AVE
.,
S.W
.,
WASHINGTON, D
.C
. 20202
w
ww
.ed.go
v
Our mission is to
ensure
equal access to education and
to promote
educational
excellence
throughout the Nation
.
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
NOV
10 2004
Page 2
-Mr
. Richard A
. Cohen
additional State funds was spent on some other activity for the special education of
children with disabilities
. Under the IDEA maintenance of effort requirement, the State
must not reduce the amount of State financial support for special education and related
services for children with disabilities, or otherwise made available because of the excess
costs of educating those children, below the amount of that support for the preceding
fiscal year
. The State must be able to demonstrate that it meets this standard on either a
total or per capita basis
.
Through the No Child Left Behind Act, New Hampshire receives funds, which are
estimated at 4 million for the 2005 fiscal year, for the purpose of developing State
assessments
. Earlier this year, the Office of Elementary and Secondary Education sent a
letter to the Commissioner about the use of these funds
. That letter may be found at the
following website address
:
h
ttp
://www
.ed
.gov/policy/elsec/guid/stateletters/uofnh
.htm
l
We are asking that the New Hampshire Department of Education submit documentation
regarding how funds for LEA capacity building and improvement were spent
. I hope you
find this response helpful
. If you would like further assistance, please contact Marie
Mayor at (202) 245-7433 or Dr
. JoLeta Reynolds at (202) 245-7459 (press 3)
.
Sincerely,
AA-~
~Xzjev
Stephanie Smith Lee
Director
Office of Special Education Programs
cc
: Nicholas Donahue, Commissioner of Education
Virginia Irwin, Interim Director, Bureau of Special Education
TOPIC ADDRESSED: Use 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
idea_file-template-default single single-idea_file postid-46750 wp-custom-logo wp-embed-responsive with-font-selector no-anchor-scroll footer-on-bottom animate-body-popup social-brand-colors hide-focus-outline link-style-standard has-sidebar content-title-style-normal content-width-normal content-style-boxed content-vertical-padding-show non-transparent-header mobile-non-transparent-header kadence-elementor-colors elementor-default elementor-kit-82278
Last modified on April 27, 2017