SUPPLEMENT NOT SUPPLANT

Denise DusekFederal Funding Specialistdenise.dusek@esc20.net

210-370-5378December 7, 2011

Supplement Not Supplant

• Federal Requirement:

34 CFR §300.202(a)(3)

• IDEA-B funds must be used to supplement State, local, and other Federal funds and not to supplant those funds.

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Supplement Not Supplant

• IDEA-B funds must be used to augment or increase the level of services for students with disabilities and not to replace funds from non-IDEA sources.

• IDEA-B funds cannot be used to substitute for funds that would have otherwise been used for the expenditure.

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Supplement Not Supplant

• Presumptions that supplanting has occurred:

1. If the LEA uses IDEA-B funds to provide services that the LEA is required to make available under other Federal, State, or local laws or policy.

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Supplement Not Supplant

• Presumptions that supplanting has occurred:

2. If the LEA uses IDEA-B funds to provide services for students with disabilities that the LEA also provides for non-disabled students.

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Supplement Not Supplant

• Rebutting the Presumption of Supplanting:

The LEA must demonstrate that it would not have provided the services with non-IDEA

funds had the IDEA-B funds not been available.

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Supplement Not Supplant

• Presumption of Supplanting that isNo Longer Applicable:

• If the LEA uses IDEA-B funds to provide special education or related services that the LEA provided with non-IDEA funds in the prior year.

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Supplement Not Supplant

• Prior to 1992, the Part B regulations included a “particular cost test” for determining whether supplanting had occurred.

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Supplement Not Supplant• Example:

Prior to 1992, if an LEA spent IDEA-B funds to pay for a special education teacher’s salary

that was previously paid for with non-IDEA funds, a supplanting violation would occur (even if the LEA had met Maintenance of Effort - MOE*).

*MOE: Spending the same amount (or more) of local, or State and local, funds for expenditures for the education of students with disabilities that the LEA spent the previous year.

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Supplement Not Supplant

• However, the “particular cost test” was removed from the Federal regulations in 1992.

• Therefore, no requirement currently exists related to supplanting “particular costs.”

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Supplement Not Supplant

• Now, if an LEA maintains local, or State and local, effort (MOE)*, the LEA will not violate the supplement/not supplant requirements of IDEA**.

*MOE: Spending the same amount (or more) of local, or State and local, funds for expenditures for the education of students with disabilities that the LEA spent the previous year.

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Supplement Not Supplant

• **This does not mean that the LEA may use IDEA-B funds to provide services that the LEA is required to make available under other Federal, State, or local laws or policy or to provide services for students with disabilities that the LEA also provides for non-disabled students.

• The LEA is still subject to the Excess Cost requirement of the Part B regulations.

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Excess Cost

• Federal requirement:34 CFR §300.202(a)(2); (b)

• IDEA-B funds must be used only to pay the excess costs of providing special education and related services to children with disabilities.

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Excess Cost

• The LEA must not use IDEA-B funds to pay for all of the costs directly attributable to the education of a child with a disability.

• Cost items that are used by or for all students must not be funded with IDEA-B funds.

• Only cost items that are specially designed to meet the unique needs of students with disabilities may be funded with IDEA-B funds.

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Summary

• IDEA-B funds must be used only to pay the excess costs of providing special education and related services to children with disabilities.

• IDEA-B funds must be used to supplement State, local, and other Federal funds and not to supplant those funds.

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Summary

• If the LEA maintains (or exceeds) its level of local, or State and local, expenditures for special education and related services from year to year, either in total or per capita,

then the IDEA-B funds are, in fact, supplementing those local, or State and local,

expenditures…

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Summary

• …and the LEA has met its maintenance of effort (MOE) and supplement/not supplant requirements,

provided the IDEA-B funds are used only for the provision of services that are unique to

students with disabilities.

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Questions?

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