The Director of Special Education is authorized to and responsible for submission of the Districtís application for IDEA Part B funds to the Illinois State Board of Education (ISBE), in accordance with the established requirements and timelines, including, but not limited to, the submission of information as required by IDEAís implementing regulations. Should the ISBE make a decision to reduce or deny IDEA Part B funding to the District, the Superintendent, or Director of Special Education with the concurrence of the Superintendent, may request a hearing from the ISBE regarding the Stateís decision to reduce or deny the School Districtís application for Part B funds, providing notice of the same to the Board.
The Superintendent or his/her designee may look to non-educational entities, such as Medicaid and insurance programs, to pay for required special education services for which such entities are otherwise responsible. Federal matching funds received under Medicaid or a childrenís health insurance program (e.g., KidCare, SCHIP) will be used only to supplement special education programs and services.
RULES AND REGULATIONS
Monitoring of Use of Part B Flow Through Funds
The Superintendent and the Director of Special Education and/or their designees shall monitor expenditure and budgeting of IDEA Part B funds to ensure that they are expended in accordance with the requirements of the IDEA and the regulations of the ISBE. Any ISBE prescribed formulas and any financial records specified by the ISBE shall be compiled and maintained by the District annually and shall be available for audit review.
Use of Funds
The District shall describe, in its application for Part B funds, how it will use the funds during the next school year, considering the following:
1. Excess Costs: The District generally may use funds provided under Part B of the Individuals with Disabilities Education Act only for costs which exceed the amount computed under 34 CFR 300.16 (excess cost defined) and 300.202 (use of amounts) and which are directly attributable to the education of children with disabilities. The District also may use Part B funds as provided in 34 CFR 202(b)(1)(ii)(preschool/18-21 year old services), 34 CFR 300.206 (Title I school-wide programs) or 34 CFR 300.208 (permissive use of funds).
2. Non-Supplanting: The District will use IDEA Part B funds to supplement. and in no case to supplant those state and local funds. The District complies with the following non-supplanting requirements:
A. MAINTENANCE OF EFFORT: The total amount or average per capita amount of State and local school funds budgeted by the District for expenditures in the current fiscal year for the education of children with disabilities must be at least equal to the total amount or average per capita amount of State and local school funds actually expended for the education of children with disabilities in the most recent preceding fiscal year for which the information is available. Allowance may be made for:
i) Voluntary departure or departure for just cause of special education or related services personnel;
ii) Decreases in enrollment of students with disabilities;
iii) Unusually large amounts of funds expended for such long-term purposes as the acquisition of equipment and the construction of school facilities; and
iv) The termination of the obligation of the District, consistent with this Part, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the Illinois State Board of Education, because the child:
(1) Has left the jurisdiction of the District;
(2) Has reached the age at which the obligation of the District to provide FAPE to the child has terminated; or
(3) No longer needs the program of special education; or
(4) The termination of costly expenditures for long-term purchases such as the acquisition of equipment or the construction of school facilities.
B. PROHIBITED ACTIVITY: The District shall not use Part B funds to displace State and local funds for any particular cost.
3. Title I Schoolwide Programming: The District may use funds received under Part B of IDEA for any fiscal year to carry out a school-wide program under Section 1114 of the Elementary and Secondary Education Act of 1965 in accordance with the requirements set forth at 34 CFR 300.206.
4. Permissive Use of Funds: The District may use Part B funds for services and aids that also benefit non-disabled students, early intervention services, high cost special education and related services and administrative case management, in accordance with in accordance with 34 CFR 300.208.
Use of Part B Funds for Charter Schools Within the School District
The Superintendent and the Director of Special Education and their designees shall ensure that the District serves students with disabilities attending public charter schools within their District, if any, in the same manner as it serves students with disabilities in other District schools if such charter school was approved by the Board. IDEA Part B funds shall be provided to those charter schools approved by the Board in the same manner as the District provides those funds to its other schools.
The Use of Part B Funds for the Benefit of Children with Disabilities Placed in Private Schools
1. Fund Use Monitoring: The Superintendent and the Director of Special Education or their designees shall be responsible to ensure that IDEA Part B funding is expended to provide services to IDEA eligible children enrolled by their Parent(s) in private schools in a manner consistent with the requirements of the IDEA, the School Code and ISBEís regulations. IDEA Part B funds may not be used for the following:
A. SEPARATE CLASSES: Classes that are organized separately on the basis of school enrollment or religion of the student if the classes are at the same site and the classes include students enrolled in public schools and students enrolled in private schools;
B. PRIVATE SCHOOL FINANCING: To finance the existing level of instruction in a private school or to otherwise benefit the private school; and
C. FACILITY IMPROVEMENT: To fund repairs, minor remodeling, or construction of private school facilities.
2. On Site Services: IDEA Part B funds may be used to make public school personnel available in other than public facilities to the extent necessary to provide services for private school students with disabilities if those services are not normally provided by the private school and only to the extent otherwise consistent with the law.
3. Use of Private School Employees: IDEA Part B funds may be used to pay for the services of an employee of a private school to provide students with disabilities with services if the employee performs the services outside of his or her regular hours of duty and the employee performs the services under the Districtís supervision and control.
4. Materials, Supplies and Equipment: The School District shall keep title to and exercise continuing administrative control of all property, equipment, and supplies the District acquires with public funds, which may be used to support special education services provided to students enrolled in private schools. Any equipment and supplies placed in a private school shall be used only for purposes related to the provision of special education services to eligible students as delineated and in accordance with the IDEA and shall be placed in the private school only if the equipment can be removed from the private school without remodeling the private school facility. Any equipment placed in a private school shall be removed when no longer needed or if necessary to avoid unauthorized use of the equipment.
Medicaid or Childrenís Health Insurance Program
1. Required Procedures: In seeking matching funds under Medicaid or a childrenís health insurance program, the District must:
A. CONSENT: Obtain voluntary, informed, written parental consent each time access to Medicaid or insurance benefits is sought; and
B. PROCEDURAL SAFEGUARD: Notify Parent(s) that their refusal to allow the Districtís access to their public benefits or insurance does not relieve the District of its obligation to provide FAPE at no cost to the Parent(s).
2. Prohibited Uses: In seeking matching funds under Medicaid or a childrenís health insurance program, the District may not:
A. FAPE: Condition a studentís FAPE on their Parent(s)í enrollment in Medicaid or insurance programs;
B. OUT-OF-POCKET EXPENSE: Require Parent(s) to incur an out-of-pocket expense (e.g., payment of a deductible or co-pay amount) for services rendered in providing FAPE, except the District may use Part B funds to pay the Parent(s)í costs for such services;
C. IMPACT ON COVERAGE : Use a studentís Medicaid or health insurance benefits if such use would:
i) Decrease available lifetime coverage or any other insured benefit;
ii) Result in the family paying for services that would otherwise be covered by Medicaid or health insurance and that are required for the student outside of the time the student is in school;
iii) Increase premiums or lead to the discontinuation of benefits or insurance; or
iv) Risk loss of home and community-based waiver eligibility, based on aggregate health-related expenditures.