Five Year Online Strategic Plan - West Virginia Department of

West Virginia Department of Education

1 April 27, 2010

Instructions and Requirements

FY 2011


Office of Special Programs

Five Year Online Strategic Plan

Special Education Component


2 April 27, 2010

REVISED April 2010

TABLE OF CONTENTS

Updates for FY 11…………………………………………………………………………1

Accessing the Plan ……………………………………………………..…………..…….2

The Five-Year Plan ……………………………………………………………...…..……5

Goals/Objectives/Actions/Professional Development .....……………………………..…5

Special Education Compliances……………………………..……………………….…..15

Allocations……………………………………………………………………….16

Private Schools…………………………………..……………………………….17

Coordinated Early Intervening Services…………………………………………18

Excess Cost and Maintenance of Effort………………………………………….21

Equipment ………………………………………………………………………26

Construction………………………………………………………………..…....27

Special Education Budget……………………………………………………………….30

APPENDIX A - Indirect Costs

APPENDIX C – Calculation of Equitable Services for Parentally Placed Students in Private

Schools and Consultation Form

APPENDIX D – Assurances.

APPENDIX E – Regulations and Assurances for Construction Projects

West Virginia Department of Education 1 April 27, 2010

FY-2011 Directions for the Special Education Component

of the Five-Year County Online Strategic Plan

Updates to the Five-Year County Online Strategic Plan for 2010-2011 are as follows:

The Five-Year County Online Strategic Plan, Special Education Component, will be used to apply for IDEA, Part

B regular allocations and State Aid to Exceptional Children funds.

All budgets will be submitted through the WVEIS budget system by the Chief Financial Officer by June 1.

This will require collaboration between the special education director and CFO to ensure the budget

clearly matches the Action Steps/Subtasks. It will be necessary to consult the Chart of Accounts for applicable

budget codes to specify how funds are being budgeted. Specific program/function codes indicating the type of

teacher or related service personnel or other expenditure will be used to differentiate personnel within the WVEIS

budget.

The Excel Budget Spreadsheet has been updated for FY11. Please use the spreadsheet for your budget

planning, and submit it to Sandra McQuain by e-mail when you submit the plan. This will facilitate matching the

plan to the WVEIS budget. If you have another spreadsheet format your county prefers, which provides the same

information, you may send it instead.

To coincide with the due date for the WVEIS budget, Special Education plans are due June 1, 2010. This is

an important date, because Education Department General Administrative Regulations (EDGAR) stipulate funds

may not be obligated prior to the date a substantially approvable plan is received, or July 1, whichever is the latest

date. Plans will be reviewed in the order in which they are received. Therefore, it is essential to submit a plan

prior to the earliest date expenditures will be incurred.

Professional development plan (table) must indicate both funding source (IDEA, School Age) and expenditure

that will appear in the WVEIS budget (e.g., teacher stipends, substitutes for teacher release time, professional

services of trainer, materials) addition to the date, topic, mode of training and audience.

Medicaid funding used for special education expenditures is not to be included as local funds in the

maintenance of effort calculation when determining the county budget for special education on Line 13.

Because the separate budget code for Medicaid was not in effect for the years displayed in the MOE screen

calculations, the CFO must provide the documented amount of Medicaid funds to be subtracted from the

calculated state/local expenditures to the Office of School Finance. Otherwise, the level of MOE needing to be

maintained may appear inflated.

Data analysis for the Special Education Component must include a brief summary of progress on implementing

the Framework for Literacy and Response to Intervention as required by Policy 2419. As in past years, it also

must include analysis of WESTEST2 and other outcomes data available after July 1, 2009 (include the year) and

results of CSADA (April 2010) and monitoring, if applicable.

Maintenance of effort requires continual diligence, because failure to maintain state/local expenditures for

students with disabilities will result in rejection of the application unless one of the federally mandated allowable

circumstances can be documented.

For districts taking reduction in MOE in FY10, the new MOE level to be maintained is the reduced level of

expenditures. If the full amount of reduction was not expended within FY10, the MOE is reduced only by the

actual expenditures. No further reduction of MOE below the FY10 level is allowable for FY11.

References to ARRA have been removed when possible. Since carry over funds from FY10 are still being

reported, the ARRA reporting screens remain. However, no ARRA funds are available for FY11.

If you wish to maintain FY10 ARRA activities in your FY11 plan to reflect carry-over, please clearly label

these activities FY10 ARRA IDEA funding. They are not included in the FY11 budget, since these funds

were budgeted in FY10.

Goals and action steps should be supported by the data analysis/needs assessment summary.

Goals and action steps address activities funded through either IDEA ―school age‖ and preschool allocations.

Subtasks and funding sources must be clearly linked to the specific planned expenditures in WVEIS submitted

budget.

Action Steps for improvement of achievement and program improvement that go beyond maintaining personnel

and purchasing supplies may be attached to a goal related to the outcome, rather than a general special education

goal of providing free, appropriate public education. Often this will be an existing County Plan goal.

Objectives are required for a separate special education goal to meet overall plan requirements.


Refer to the allocation tables for updated information. The Allocation screen has been updated. (Please note:

CEIS funds may not be used for pre-K.)

Additional information is required for the Coordinated Early Intervening Services plan reflecting guidance issued

by OSEP.

Accessing the Plan

To access your county five-year online strategic plan:

Go to: http://wveis.k12.wv.us/wvfiveyearonlinestrategicplan/

Enter your assigned WVEIS identification and your WVEIS password

OR – go to the WVDE Web-site, go to WVEIS, WVEISWeb, then click on County Five-Year Plan for the

appropriate year.

BASIC NAVIGATION

In the column down the left of the first screen, you will see a navigation pane with options matching the various

components of the plan. USE THE NAVIGATION PANE TO MOVE FROM ONE SCREEN TO ANOTHER. DO NOT

USE THE BACK BUTTON OR YOU WILL EXIT THE PLAN. If you make this error, in some cases, the forward

button may take you back to the screen; if not, access the plan site again,

http://wveis.k12.wv.us/wvfiveyearonlinestrategicplan/. You will still be logged in and may continue your work

without logging in again.

If you wish to hide the navigation pane, click on the double arrows at the top of the pane. Click the arrows again to reveal

the panel.

Login and Overwriting

When you or anyone in your county is logged in to the plan, the user’s e-mail address will appear across the top of the

screen in red. Please be aware if two users are logged in and making changes in the same section, they may overwrite

each other.

If more than one user is logged into the plan at the same time and working in the same section, it is possible for one to

overwrite the work of the other. This was possible under the old plan as well, but may be more apparent under the new

system. Communication with others accessing the plan is essential. You may overwrite or cause another person’s

information not to be saved. This plan is an integrated plan, so special education is in the same section of goals,

objectives and actions (although you may have it under a separate goal) as all other goals in your plan.

http://wveis.k12.wv.us/wvfiveyearonlinestrategicplan/

http://wveis.k12.wv.us/wvfiveyearonlinestrategicplan/


Logout

When you exit the plan, please LOGOUT. If you do not, you will remain logged in for up to eight hours. Others in your

county will need to know you have logged out, and they may work in the plan without interference. To logout, click

Utilities in the navigation pane, if it is not already open. Under Utilities, click Logout.

Content Boxes

Information is added and edited in content boxes. For example, a Goal, Action Step or table may be visible on the Goal

screen (e.g., the professional development plan), but information cannot be entered unless the button is clicked to open the

content box. When the box opens, it can be maximized by clicking the small blue screen icon at the right hand end of the

tool bar. This facilitates entering information using the editing features displayed in the toolbar. Adjust the font as

needed to ensure the resulting printed pdf document is easily read. Once the information is typed into the box, click the

blue icon again to minimize the box. This reveals the Update button. Click the Update button to save your work and

close the box. SAVE OFTEN BY CLICKIING UPDATE TO AVOID LOSING YOUR INFORMATION.

Cutting and Pasting

It is possible to cut and paste from a Word document into a content box within the plan. However, because the online

plan is not a Word application, it may not recognize Word formatting. When you cut and paste, a dialog box will appear

to inform you the information is being cleaned. Follow the instructions in the dialog box, and the cut and paste should

complete. However, you may need to reformat.

Locating Goals, Action Steps and Subtasks Already in the Plan


Last year’s information will be in the plan, unless it is deleted. However, the 2010 budget spreadsheets have been revised,

and the 2009 form cannot be used. Data Analysis, Goals, Objectives, Action Steps and Subtasks from the previous plan

will appear in this year’s online plan until they are edited or deleted. This facilitates updating actions and subtasks for

existing five-year plan goals and continuing those actions already in the plan.

Sorting

Goals may be sorted using the Sort Goals menu item in the navigation pane. The list will be sorted on the first 100

characters in the goal. Therefore, it is useful to begin your goal in a manner that will allow it to be sorted in a way useful

to the county. Actions and subtasks may be sorted in a similar manner within goals using the Sort Actions menu

selection, but not across goals within the plan. For example, begin with Special Education or IDEA or ARRA IDEA to

facilitate sorting and to enable plan reviewers to identify the appropriate subtasks linked to expenditures. Action steps for

the various plan sections are indicated by checking the appropriate box under the step.

Printing and Submission

When the Special Education Component is printed and/or submitted, the Five-Year Plan components will be printed,

including Data Analysis, Compliances and each Goal, Professional Development Plan section (even if they do not include

special education) and the Action Steps/Subtasks identified by checking the Special Education box under the step. The

ARRA IDEA plan will have the above general components, the ARRA IDEA Goals/Objectives/Activities if the ARRA

IDEA box is checked and the ARRA IDEA reporting screens.

The Five-Year Plan

Ensure the Special Education Administrator is entered as a committee member (click on Modify, enter requested

information, check the Special Education box and press Update.)

The Data Analysis screen provides links to various Web-based data sources, including the Special Education Self-

Assessment site. The collection and analysis of internal and external data are a prerequisite for determining Goals, Action

Steps and Subtasks/Sequences. For special education funding purposes, data analysis must include at a minimum, needs

identified through the CSADA; Framework for Literacy, particularly the Intervention Program section and

implementation status of Response to Intervention; student achievement data, dropout, graduation and any applicable

monitoring findings. Identify the sections applicable to the special education plan to facilitate connecting this information

to the Action Steps.

PLAN COMMITTEE

DATA ANALYSIS


Framework for Literacy checklist is found on the online plan and also in a different format on the Teach21 site.

Enter Data Analysis information by clicking the Data Analysis button on this screen, which opens a content box. Type

in (or cut and paste in) the data analysis for special education. County and/or special education specific data analysis

should support goals, objectives, actions and subtasks for which special education funds are requested.

Based upon the district’s data analysis, the identified needs to be addressed through special education funding typically

may be categorized into the following seven areas:

Professional Development

Personnel

Services

Materials, Supplies, Equipment

Coordinated Early Intervening Services

Services to Students Parentally Placed in Private Schools

Facilities

Other

Action Steps and Subtasks/Sequences must support the use of IDEA, Part B school age (ages 3-21) and IDEA preschool

(ages 3-5) funds only for the education of students with disabilities and state aid funds only for students with

exceptionalities (including disabilities, gifted and exceptional gifted) with some exceptions, which will be subsequently

addressed. All IDEA funds shall be used in accordance with IDEA 2004:

only to pay for the excess costs of providing special education and related services to students with

disabilities;

to supplement State, local and other federal funds and not to supplant such funds; and

shall not be used to reduce the level of expenditures for the education of students with disabilities made by the

district from local funds below the level of those expenditures for the preceding fiscal year with exceptions as

specified in 34 CFR §300.204.

IDEA 2004 also identifies other limited appropriate uses of Part B entitlement funds:

for the costs of special education and related services and supplementary aids and services provided in a

general education class or other education-related setting to a student with a disability in accordance with the

student’s IEP even if one or more nondisabled students benefit from such services;

for early intervening services in accordance with IDEA §613(f) and §300.226;

to establish and implement cost or risk sharing funds, consortia or cooperatives for the district or for other

districts working in a consortium of which the district is a part to pay for high cost special education and

related services;

to purchase appropriate technology for record keeping, data collection and related case management activities

of teachers and related services personnel providing services in the IEPs of students with disabilities that is

needed for the implementation of case management activities.

to carry out a schoolwide program under section 1114 of the Elementary and Secondary Education Act of

1965, except that the amount used by the district for such programs shall not exceed the number of students

with disabilities participating in the schoolwide program multiplied by the amount received by the district

under Part B for the fiscal year divided by the number of students with disabilities in the jurisdiction of the

district.

GOALS

GOALS, OBJECTIVES, ACTIONS


ALL ACTIONS MUST be attached to a goal or they will be lost. DO NOT CLICK THE DELETE THIS GOAL

BUTTON unless you are certain you want to delete the goal. This will delete the goal and all objectives and actions

attached to it.

Two options are available for generating goals.

Option 1: Write a new goal or select an existing goal.

Click Goals/Objectives/Actions in the navigation pane to reveal all goals in the plan.

Select an existing goal and click Modify to continue OR

Option 2: Type a new goal in the box labeled Goal.

Example:

All special education students will receive free, appropriate public education to increase achievement and

performance and to support transition to desired post school outcomes.

Click the Add a Goal button.

Click Modify to continue.

When you enter a goal and display the Goal list, check boxes labeled Strategic and Compliance appear to the right of the

Goal. One or both may be selected. If boxes are checked, when the Sort Goals function is used, Strategic and

Compliance with sort separately.

Objectives

Objectives must be completed for the Special Education Component this year.

To work with Objectives, click the Modify button above the selected Goal. This opens a screen as follows. Click the

Objectives button to open the content box and enter objectives. Click Update when finished to save your input.

Sample Goal Screen:


Targeted, sustained professional development is essential for program improvement and ultimately for improving results

for students. Therefore, within the Five-Year Online Strategic Plan professional development activities for each goal are

entered in the specific Professional Development Plan section to facilitate combining them into a county plan, rather than

entering them as subtasks under the Action Steps. To ensure professional development can be clearly linked to source

of funding, IDEA regular or preschool allocations, please add a column to the existing professional development

plan table for entering the funding source by right clicking on the table. Professional development funded through

these sources also may be designated in the Action steps and subtasks. Newly entered goals will display the funding

source column. Then the appropriate plan section (IDEA) may be checked under the Action Steps.

PROFESSIONAL DEVELOPMENT PLAN


To enter professional development activities, click on the Professional Development (PD) Plan button under the selected

Goal. This opens the content box with the PD Plan table. Click on the blue screen icon in the toolbar to maximize the

size of the table. Reformat as necessary. Type in the requested information for your professional development activity by

clicking (not tabbing) in each cell.

Date – if specific date is unknown, provide estimated month and year.

Topic – enter the topic and purpose of your PD. Both topic and purpose should address a need or concern stated

in your Data Analysis.

Audience – include who and the number to receive PD.

Mode – coaching, learning community, trainer led or describe other method

Funding Source – IDEA, Part B or IDEA Preschool, IDEA CEIS; include type of expenditure, e.g. stipends,

substitutes, travel

Additional rows and columns may be added by right clicking. Explanations may be added as needed in the space below

the table. Minimize by clicking the blue screen icon. Click the Update button to save your work. Exit by selecting

another item from the navigation pane.

Date Topic Audience

Mode

(Coaching, Learning

Community, or Trainer

Led)

Funding

Source/Expenditures

October 2009

Power of Two Co-

teaching to improve

collaboration team

skills

Twelve Middle/HS

gen/sp ed co-

teaching teams

trainer led

IDEA, School Age

Professional services

(trainer) and substitutes

November 09 -

February 10

Reading Strategies

Research

20 K-3 teachers in

ABC and DEF

Elem. Schools

Learning community

(book study in each

school)

IDEA CEIS

Teacher stipends, books

Budget information will be entered in the Special Education Budget spreadsheets under Professional Development or

Coordinated Early Intervening Services, as applicable. In the budget sheet, indicate under Use of Funds the PD being

addressed (e.g., Power of 2; and how funds will be spent (e.g., presenter, teacher stipends).

In the following section, Action Steps are provided for Professional Development and Coordinated Early Intervening

Services. If all required information is in the PD Plan section, no additional information is needed under the Action

04/Professional Development.

Both Action Steps and Subtasks/Sequences justify the use of special education funds. Based upon the district’s data

analysis of needs in the aforementioned eight categories, needs are identified and are included as Action Steps with

Subtasks that provide specific, required information. The Action Steps provided may be used, or county-specific Action

Steps may be written.

ACTION STEPS and Subtasks/Sequences


Entering Action Steps and Subtasks/Sequences

Click on Goals/Objectives/Actions in the navigation pane to display this screen. Locate the Goal to which you wish to

add actions. Click the Modify button above the Goal.

You have two options for adding Action Steps.

Option 1: Type the step into the box and click on Add an Action Step.

o Then click on Subtasks/Sequences to open the content box and add the Subtasks.

o Click the Update button to exit the content box and save your work.

o Click the Special Ed box in the list under the Action Step to check that box, and then click the Mark

Compliances box.

Option 2: Generate pre-written Special Education Action Steps

Click on the Add Special Education Actions button. DO THIS ONLY ONE TIME. CLICKING MULTIPLE

TIMES WILL GENERATE MULTIPLE COPIES OF THE STEPS.

The template with all eight action steps will be generated. These steps are:

o Special Education 01- Personnel

o Special Education 02- Services

o Special Education 03- Materials, Supplies, Equipment

o Special Education 04–Professional Development

o Special Education 05-Early Intervening Services

o Special Education 06 - Services for Students with Disabilities Parentally Placed in Private

Schools


o Special Education 07 - Special Education- Facilities

o Special Education 08- Other

PLACING SPECIAL EDUCATION AS THE FIRST WORDS IN THE STEP WILL FACILITATE

ALPHABETICAL SORTING OF ACTIONS.

The Action Step may be modified, if necessary.

Click on the Subtasks/Sequences button next to the Action Step to open the content box to add subtasks to the

step. Click the numbering box in the toolbar to number subtasks. This will facilitate referencing them in the

budget.

Click the Update button to exit and save your work.

The Click the Special Ed box or (ARRA IDEA) in the list under the Action Step as appropriate.

IF YOU GENERATE THE EIGHT PREWRITTEN STEPS AND DO NOT WISH TO USE ONE OR ALL OF THEM,

DELETE EACH ONE INDIVIDUALLY BY CLICKING THE DELETE THIS ACTION BUTTON.

Content of Action Step Sections

Whether customized action steps are written or the prewritten steps are used, specific information to justify expenditures

that will appear in the Special Education Budget is required for plan approval. Specifics needed for each of the eight areas

are described below. Although free appropriate public education is a general purpose of most special education activities,

and may in some cases be sufficient (e.g. for ongoing maintenance of existing personnel, routine supplies or routinely

contracted services) a more specific purpose reflecting data analysis/needs assessment is needed for items such as new

positions, professional development and Coordinated Early Intervening Services. Number subtasks by clicking the

numbering box in the content box toolbar to facilitate connecting to the budget page.

PERSONNEL

Personnel Subtasks/Sequences must specify the following information for each position for which special education

funds are to be expended

Number of positions, if more than one (e.g., 2 BD teachers)

Indicate whether position is continuing, (continue to employ…; employ a new…; retain …)

Area of exceptionality to be served, if a teaching position (e.g., LD/BD/MI)

Type of position (teacher, aide, autism mentor )

F.T.E. for each position (e.g., 1.0)

Specify age group if needed for clarity (e.g. age 3-5 if preschool funds are used)

Example

Special Education 01-Personnel:

Employ personnel needed to provide free, appropriate public education to students with exceptionalities.

Subtasks:

1. Continue to employ and provide fixed costs for four autism mentors at 1.0 F.T.E

2. Continue to employ and provide fixed costs for six multicategorical teachers at 1.0 F.T.E.

3. Employ and provide fixed costs for three new classroom aides for preschool at 1.0 FTE to serve increased

number of identified students.

Note: Please refer to Attachment A if a special education administrator position is maintained on federal funds.

SERVICES - Action Step


Contracted Services needed to provide special education and/or related services to students with exceptionalities, ages 3

through 21, may include but are not limited to the following:

Assessment Psychological Services

Instructional Program School Social Work Services

Physical Education Occupational Therapy

Vocational Education Physical Therapy

Program Evaluation Speech/Language Therapy

Transition Services Audiological Services

Recreation Services Transportation Services

Assistive Technology Services School Health Services

Parent Counseling/Training Counseling Services

Rehabilitative Counseling Orientation and Mobility Services

Diagnostic Medical Services Nursing Services

Example

Special Education 02-Contracted Services: Obtain services needed to provide free appropriate public education to students with exceptionalities.

1. Provide interpreting services to implement IEPs.

2. Provide the services of a school psychologist to conduct evaluations for eligibility.

3. Provide ESY services to implement IEPs.

MATERIALS, SUPPLIES AND EQUIPMENT-Action Steps with Subtasks or Action Steps with Specific

Information

Action Steps and Tasks will include the materials, supplies and equipment needed to provide special education and

related services to students with exceptionalities, ages 3 through 21. The term ―equipment‖ includes: 1) machinery,

utilities, and built-in equipment and any necessary enclosures or structures to house them and 2) all other items necessary

for the functioning of a particular facility for the provision of educational services, including items such as instructional

equipment and necessary furniture; printed, published, and audiovisual instructional materials; telecommunications;

sensory and other technological aids and devices; and books, periodicals, documents, and other related materials. All

assistive technology devices including computers and software should be compatible with the district’s technology

system and purchased through state contracts, if available.

Example

Special Education 03-Materials, Supplies and Equipment: Purchase materials, supplies, and equipment to support free appropriate public education for students with

exceptionalities.

Subtasks

1. Purchase evaluation instruments and related items required to identify students with disabilities.

2. Purchase classroom materials and supplies for special education classrooms.

3. Purchase computer equipment for special education classrooms.

The budget information for the Materials, Supplies, Equipment Action Step is entered in the Special Education Budget

spreadsheet.

NOTE: If the county school district plans to use any IDEA, Part B funds for materials, supplies and/or equipment in the

Action Steps or Subtasks that has a useful life of more than one year and an acquisition cost of $5,000 or more per unit,

the Itemization of Equipment worksheet must be completed in the Compliances Special Education section.

PROFESSIONAL DEVELOPMENT ACTIONS STEPS/SUBTASKS

Professional Development may include activities for professional personnel, service personnel, parents and others related

to improving education for students with disabilities or implementing provisions of IDEA. These professional


development activities must be designed to address the needs and performance of associated with the plan goals and

objectives. Two options for entering professional development activities are offered. It is anticipated most, if not all,

PD activities will be entered in the specific Professional Development Plan table under the Goal and Objectives.

This allows the district to print all goals and PD activities together, and facilitates collaboration in PD across programs.

If the district chooses, the PD activities may be entered as Subtasks/Sequences under an Action Step rather than in the PD

Plan table. If this option is used, the pre-written Action Step or another Action Step may be used. Each Action Step

Task for Professional Development must specify the same information as the PD table. (See Page 6.)

Example

Special Education 04-Professional Development: Provide professional development to improve achievement of students with exceptionalities.

Subtasks

1. Provide trainer-led LETTRS training for 6 speech/language pathologists and special education

teachers to improve phonemic awareness of special education students.

The cost and how funds will be spent (e.g., stipends, travel, substitutes) for the Professional Development Action Step is

entered in the Special Education Budget Spreadsheet with amount and description.

If this Action Step is not needed, delete it by clicking Delete This Action.

SERVICES FOR STUDENTS WITH DISABILITIES PARENTALLY PLACED IN PRIVATE SCHOOLS

IDEA, Part B regulations at §300.133 require districts with identified eligible students with disabilities parentally placed

in private schools located within the district to calculate a proportionate amount of funds and to spend these funds on

private school students. Calculate the proportionate amount by going to the navigation pane, clicking Compliances

Special Education and then clicking LEA-Private Schools. This worksheet will assist in calculating the amount of IDEA,

Part B, IDEA, Section 619 (preschool) funds and IDEA ARRA funds that must be spent for students with disabilities

parentally placed in private schools. (See also Appendix C). The proportionate amount is calculated on the total of all

IDEA and IDEA ARRA funds. In budgeting and expending the funds, the district may choose to take the amount from

only one allocation, such as the regular IDEA allocation.

Consultation with representatives of private schools and parents of private schools must be conducted to address the use

of additional ARRA funding. The consultation process form has been revised and must be submitted to OSP.

For Private School Services, Action Steps may be written as: 1) broad Action Steps with Subtasks, or 2) Action Steps

with specific information.

Example

Special Education 06-Services for Students with Disabilities Parentally Placed in Private Schools: Based on a plan developed in consultation with representatives of students with disabilities parentally placed in private

schools, expend the required proportionate amount of IDEA funds to provide services to eligible private school students.

Subtasks

1. Provide speech therapy services to students with disabilities in ABC private/parochial school.

2. Provide transportation to and from speech therapy services to students with disabilities in ABC

private/parochial school.

FACILITIES

Action Step and Subtasks for all construction and/or renovations of facilities for eligible students with disabilities must

include a general description of the proposed construction (e.g., two (2) additional classrooms or modifications for


accessibility). Districts that include an Action Step and Subtasks pertaining to Facilities must complete the

Construction and Remodeling worksheet found in the Compliances Special Education section under LEA-Facilities.

For construction and/or renovations of facilities, Action Steps may be written as: 1) broad Action Steps with Subtasks or

2) Action Steps with specific information.

Example

Special Education 07 -Facilities: Complete construction or remodeling needed to provide free appropriate public education to students with

exceptionalities.

Subtasks:

1. Construct a wheelchair accessible classroom restroom.

2. Create additional instructional space (equivalent to the specifications of a regular classroom) at

ABC Elementary by expanding the dimensions of a current classroom.

The Special Education Compliances – Construction section also must be completed (see below).

OTHER

Other Action Steps and Tasks are for other activities beyond the scope of the previously described categories and

must include a general description of the activity and how the funds will be spent.

Example:

Special Education-Other: Provide other activities to ensure provision of free appropriate public education for eligible students with

disabilities and exceptionalities.

Subtasks:

1. Conduct meetings for the district CIFMS steering committee in the annual review and revision, if

appropriate, of the District Self-Assessment (stipends and travel reimbursement)

2. Ensure that IEPs are implemented in by providing substitute teachers for teachers who are

attending IEP team meetings

3. Provide FAPE for students by reimbursing parent for travel reimbursement in lieu of

transportation for students placed on OSE.

4. Provide indirect costs.

The budget information for the Other Action Step is entered in the Special Education Budget spreadsheet.

*NOTE: Refer to Appendix B for directions on calculating indirect costs.

Special Education Compliances include required and information to be completed by each county school district

requesting IDEA Part B and state aid special education funds. Forms and calculations have been updated to reflect the

information needed for the FY10 plan.

In navigation pane, click on Compliances Special Ed to display a list of compliance sections of the plan. These sections

provide: 1) the FY 10 allocations, 2) calculation spreadsheets for private school expenditures, excess cost, maintenance of

effort (MOE), Coordinated Early Intervening Services plan and report and 3) sections to be completed if equipment over

$5000 or construction are part of the plan.

Compliances Special Ed

LEA-Allocations

SPECIAL EDUCATION COMPLIANCES

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LEA-Private Schools

LEA-Excess Costs

LEA-MOE

LEA-Early Intervening

LEA-Equipment

LEA-Construction

Requirements:

Allocations – required to select allocations for the appropriate fiscal year

Calculation of Required Expenditures for Students with Disabilities Who are Enrolled by Their Parents in

Private Schools - Required of all districts.

Excess Costs - required

Maintenance of Effort (MOE) - required

Coordinated Early Intervening Services Report – As applicable; (if FY-07 or FY 08 funds were allocated

for this purpose for the 2006-2007 and/or 2007-2008 or 2008-2009 school years) and CEIS plan if FY

2010 funds are being budgeted for CEIS.

Itemization of Equipment – if any

Construction and Remodeling – if any

Allocations

Under this section SELECT THE ALLOCATIONS TO WHICH THIS APPLICATION APPLIES. Both Regular

IDEA and ARRA IDEA are included. Once the appropriate year’s allocation is selected, the total IDEA allocation

appears in the box at the top of the screen. Specifically, the funds that may be applied for using this plan are as follows:

APPROPRIATE USE OF FUNDING SOURCES

Funding Source Project Code Ages /Grade Levels Students

IDEA Part B, School

Age Entitlement

43-X-1 3-21 Students with

Disabilities

(not gifted)

Except 15% or less for

Coordinated Early

Intervening Services for

unidentified students

IDEA Part B, Preschool 43-X-2 3-5 Students with disabilities

State Aid, Special

Education

02-X-1 3-21 Students with

Exceptionalities

(disabilities and gifted,

exceptional gifted)

Choose only those amounts for the fiscal year for which the district is making application. Click Update. Please note

that the majority of districts will only be applying for FY-11 funds. Allocations must match the amounts displayed in

the columns of Table 1 (federal school age entitlement and Early Intervening), Table 3 (federal preschool entitlement)

and Table 4 (state aid) and must be entered in the space(s) provided. For those districts that allocate funding for early

intervening services, the amount allocated cannot exceed the amount listed under the column, Early Intervening, on Table

1.

EXPENDITURES FOR STUDENTS WITH DISABILITIES WHO ARE PARENTALLY PLACED IN PRIVATE

(NONPUBLIC) SCHOOLS

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Refer to the information provided below and complete the Private Schools Expenditures form by calculating the minimum

amount of entitlement funds to be allocated to provide special education and/or related services to eligible students with

disabilities who have been placed by their parents in private schools* within the district.

***34 CFR §300.133 requires districts to spend:

(1) for students aged 3-21, the same proportion of the local education agency’s total subgrant under section 611(f) of the

Act as the number of private school children with disabilities aged 3-21 who are enrolled by their parents in private,

including religious, elementary schools and secondary schools located in the school district served by the LEA, is to the

total number of students with disabilities in its jurisdiction aged 3-21, and (2) for students aged 3-5, an amount that is the

same proportion of the local education agency’s total subgrant under section 619(g) of the Act as the number of private

school students with disabilities aged 3-5 who are enrolled by their parents in a private, including religious, elementary

school located in the school district served by the LEA, is to the total number of students with disabilities in its

jurisdiction aged 3 through 5.

*Note: Students are considered to be parentally-placed private school students with disabilities enrolled by their parents

in private, including religious, elementary or secondary schools, if they are enrolled in a private school that meets the

definition of elementary school or secondary school as defined below:

Elementary School means a nonprofit institutional day or residential school that provides elementary

education as determined under State law.

Secondary school means a nonprofit institutional day or residential school that provides secondary education

as determined under State law, except that it does not include any education beyond grade 12.

The cost of transportation described in §300.139 may be included in calculating whether the public agency has met the

requirement of §300.133. Expenditures for child find activities described in §300.111, however, may not be considered in

determining whether the local education agency has met the requirement described above. Districts are not prohibited

from providing services to eligible private school students with disabilities in excess of those required, consistent with

State law or local policy. If the district chooses to provide services to eligible gifted students in private schools, federal

funds may not be used to serve these students. The district must calculate the proportionate share of IDEA funds before

earmarking any early intervening activities in §300.226. Appendix C provides an example of the calculation for equitable

services.

Private school and child count numbers are entered by the district in the boxes provided.

School Age (43-1-1) (for students aged 3-21):


(a) Total Number of eligible private school students 3-21 X

(c) Federal

Entitlement = (d.) Amount to be spent on 3-21

(b.) Number of all eligible students in the LEA 3-21

a. Total number of eligible parentally-placed private school students with disabilities: The number of eligible

students with disabilities aged 3-21 enrolled in private schools by their parents and who are receiving special

education and/or related services and the number of eligible students with disabilities aged 3-21 enrolled in

private schools by their parents, who are not receiving special education and/or related services on December 1,

2009.

NOTE: This total number is NOT the same as the district’s December 1, 2009 child count.

b. Eligible students with disabilities aged 3-21, both public and private, including parochial, who are and are not

receiving special education and/or related services on December 1, 2009.

NOTE: This total number is NOT the same as the district’s December 1, 2009 child count.

c. IDEA B School Age Entitlement: The district’s FY-11 IDEA Part B school age entitlement (43-0-1).

d. Proportional amount to be spent for services to eligible private school students with disabilities: The minimum

expenditure that must be used to provide special education and/or related services to eligible students with disabilities

aged 3-21 who are enrolled in private schools by their parents.

NOTE: This minimum amount excludes the monies necessary to conduct district child find activities.

Preschool (43-1-2) (for students aged 3-5): Repeat the above procedures using the FY-11 IDEA, Part B preschool

entitlement (43-0-2), the number of eligible private school students aged 3-5 and the number of all IDEA eligible students

aged 3-5.

Coordinated Early Intervening Services

The IDEA 2004 regulations §300.646 require that, in the case of a determination of significant disproportionality by race

or ethnicity in the identification of students as students with disabilities, the placement in particular educational settings of

such students, or the incidence, duration and type of disciplinary actions, including suspensions and expulsions, the State

must require the district to reserve fifteen percent (15%) of its federal Part B school age entitlement funds for

comprehensive, coordinated early intervening services (CEIS) to serve general education students in the district,

particularly, but not exclusively, students in those racial or ethnic groups that are vulnerable to being significantly

overidentified.

Districts also may elect to use up to 15 % of their IDEA, Part B funds for Coordinated Early Intervening Services,

subject to limitations encountered if a reduction in Maintenance of Effort also is taken.

Coordinated Early Intervening Services are coordinated services designed to assist general education students not yet

identified for special education and related services, but who require additional academic and behavioral support to

succeed in the general education environment, grades K-12 (with an emphasis on students grades K-3, not preschool).

The purposes of early intervening services are:

to prevent inappropriate labeling of children as disabled;

to reduce the severity of a potential disability; and/or

the early identification of students with significant learning challenges.

Funds used to implement CEIS may be aligned with activities funded and carried out under the Elementary and Secondary

Education Act (ESEA) of 1975, if such funds are used to supplement and, and not supplant the ESEA funds for the

activities and services provided under this subsection.


If a district allocates entitlement funds to CEIS, the amount available for adjustment to local fiscal effort must be

reduced by the amount used for CEIS.

Coordinated Early Intervening Services include:

offering professional development (which may be provided by entities other than the districts) for teachers and

other school staff to enable them to deliver scientifically-based academic instruction and behavioral

interventions, including scientifically-based literacy instruction, and when appropriate, instruction on the use of

adaptive and instructional software, and providing educational and behavioral evaluations, services, and

supports, including scientifically-based literacy instruction.

Districts may choose to:

initiate a coordinated early intervening services program, which consists of a variety of newly developed

activities to address the academic and/or behavioral needs of students without disabilities; and/or

expand the implementation of current efforts to meet the academic and/or behavioral needs of nondisabled

students as described in the County/School Strategic Plan(s).

Reporting Requirements. Each district that develops and maintains Coordinated Early Intervening Services must

annually report to the OSP on:

The number of students served by Coordinated Early Intervening Services, and

The number of students served by Coordinated Early Intervening Services who subsequently receive special

education and related services under IDEA 2004 within two years (§300.226).

Each student is identified according to the criteria established for the CEIS program must be tagged in the WVEIS Basic

Student Record. This will enable a report to be generated through WVEIS annually to maintain the required count of

student and to track and report students subsequently identified with a disability.

The Coordinated Early Intervening Plan must be completed in addition to linking the plan to an appropriate plan goal and

creating an action step. Under Special Education Compliances a screen is provided with prompts for information that

must be completed for each type of program or service planned. The following information is required:

Provide a narrative description for each program, including the following:

The need for the program, including the data analysis supporting the need. May reference or expand upon

sections of the Strategic Plan Data Analysis.

A definition and entrance criteria for the students not yet identified as students with disabilities needing

academic and/or behavioral support to succeed in the general education environment who will receive the CEIS

and the method of identifying the students.

A brief description of the Coordinated Early Intervening Services (CEIS) including a description of the targeted

subjects or areas (e.g., reading, mathematics, behavior) the program and intervention(s) to be implemented,

professional development, curriculum materials and staffing. If CEIS professional development is outlined in the

Strategic Plan Professional Development section, reference this section.

Targeted Schools and Grade Levels and estimated number of students to be served.

The method(s) of monitoring student progress and how student progress will be recorded and tracked, including

tagging and tracking within WVEIS student records for two years following receipt of CEIS to determine whether

the students subsequently are identified as students with disabilities.

Exit criteria for students no longer receiving CEIS.

A description of how CEIS funds will be spent.

The plan must be linked to Data Analysis, a Goal and Action Step.


The budget information for the CEIS Action Plan is entered in the Special Education Budget spreadsheet in the CEIS

section.

CEIS Report

Please report as follows. Refer to your previous plans as needed. The table below requests the minimum required data.

Open the content box and insert a column for 2009-2010. If you choose to maintain CEIS data separately for various

CEIS programs being implemented in your districts, for example, Response to Intervention (RTI) and Positive Behavior

Supports (PBS) separately, this detail may be reported in the CEIS table by adding rows and/or columns by right clicking

on the table. This type of data collection is highly useful to the district and demonstrates the effectiveness of the programs.

Coordinated Early Intervening Services Report

Districts that develop and maintain coordinated Early Intervening Services under 34 CFR §300.226 to K-12 students without disabilities needing additional academic/behavioral support in general education are required to report the number of students without disabilities who received Early Intervening Services and, of those students, the number who subsequently were initially referred and found eligible as a student with a disability within two years of receiving EIS.

2006-2007 2007-2008 2008-2009 2009-2010

Number of students without disabilities who received coordinated EIS

Number of students without disabilities reported above who were Initially referred and found eligible as students with disabilities.

Excess Cost and Maintenance of Effort

The excess cost and maintenance of effort screens populate with data from the allocations and the WVEIS financial

system. The information must be reviewed and information provided as requested on each of the screens.


Excess Cost

Except as otherwise provided, amounts provided to an LEA under Part B of the Act may be used only to pay the excess

costs of providing special education and related services to children with disabilities. An LEA must spend at least the

average annual per student expenditure on the education of an elementary school or secondary school child with a

disability before funds under Part B of the Act are used to pay the excess costs of providing special education and related

services. Section 602(8) of IDEA and §300.16 require the LEA to compute the minimum average amount separately for

children with disabilities in its elementary schools and for children with disabilities in its secondary schools.

Basis for Calculation

To provide the needed data for both secondary and elementary costs, the following procedures were developed to enable

the pro-ration of the financial data already submitted through WVEIS. A table was established using the salary expense

of teachers by location within the general ledger. Pre-kindergarten through grade six was defined as elementary and

grades seven through 12 were defined as secondary. Using this definition to segregate total salary expense, a prorated

percentage to total expenses was assigned to each elementary and secondary. The total expense pulled from WVEIS in

each of the fund categories was multiplied by the resulting factor to produce the expenditure amount to be used in each of

the calculations for elementary or secondary results. In addition, the child counts used in the calculations were divided

based on the assumption of ages 3-12 as elementary and 13-21 as secondary.

You are required to review information as reported on the form and assure that your county meets the excess cost

requirement as defined. In addition, please review the numbers for reasonableness and contact Janice Hay, Coordinator,

at [email protected] should you have questions about the information as presented.

mailto:[email protected]


Maintenance of Effort

Maintenance of effort (MOE) is the provision in IDEA that requires a district to budget and spend at least the same

amount of local, or state and local, funds on students with disabilities in the current year as in the previous year. If the

district maintains the same level of state and local spending year to year, then the IDEA funds spent for the excess cost of

providing special education and related services is considered to be supplementing that foundation of state and local

expenditures. Maintenance of effort amounts are state and local funds only; this amount should not include Medicaid


funds spent for special education services. Because the WVEIS system for prior years did not code Medicaid funds

separately, the amount of Medicaid funds spent by the district must be compiled by the chief financial officer and

must be submitted to WVDE, Office of School Finance. WVDE will then subtract this from the MOE level as

appropriate.

If the MOE screen displays any calculations in red, an explanation text box will open. An allowable explanation for

reducing MOE must be provided. Aside from the 50 percent reduction potentially allowed to LEAs under section

613(a)(2)(C) (34 CFR §300.205) describe below, LEAs may reduce their level of local, or state and local expenditures

below amounts expended in the prior year under 34 CFR §300.204 if such a reduction is attributable to any of the

following:

1) The voluntary departure, by retirement or otherwise, or departure for just cause,

of special education or related services personnel;

2) A decrease in the enrollment of children with disabilities;

3) The termination of the obligation of the agency, consistent with Part B, to provide

a program of special education to a particular child with a disability that is an

exceptionally costly program, as determined by the SEA, because the child: (a)

has left the jurisdiction of the agency; (b) has reached the age at which the

obligation of the agency to provide FAPE to the child has termination; or (c) no

longer needs the program of special education;

4) The termination of costly expenditures for long-term purchases, such as the

acquisition of equipment or the construction of school facilities; and/or

5) The assumption of cost by the high cost fund operated by the SEA under 34 CFR §300.704(c).

Additionally, IDEA, §613(a)(2)(C) provides that in any fiscal year district’s IDEA, Section 611 (school age) allocation

exceeds the amount received in the previous fiscal year, the district may reduce the level of state and local expenditures

otherwise required by the maintenance of effort requirement by up to 50 percent of the increase in federal funding.

The reduction will be reflected in the amount of state and local funds to be budgeted for expenditures for students with

disabilities. This does not include state aid to exceptional children funds (0201), which is dedicated funding for special

education only. These funds must continue to be budgeted and expended for exceptional students only. IDEA funds must

continue to be spent only for students with disabilities, unless the district budgets a portion of IDEA funds for

Coordinated Early Intervening Services. According to Policy 2419, proceeds from public or private insurance will not

be treated as program income for purposes of 34 CFR 80.25. If a district spends reimbursements from Federal

funds (e.g., Medicaid) for services under this part, those funds will not be considered “State or local” funds for the

purpose of the maintenance of effort provisions of Part B of IDEA 2004 (34 CFR §300.152(g)).

Districts may take advantage of this flexibility provided they received a determination of ― Meets Requirements‖ under

IDEA, Section 616 and are not required to reserve 15 percent of their funds for Coordinated Early Intervening Services

(CEIS) under 34 CFR §300.646. West Virginia districts with a determination of ―Needs Assistance‖ may not use this

flexibility.

The district must determine the amount of state and local funds to be budgeted for students with disabilities for FY

2010, and this amount must be reported in Line 13 of the MOE screen within the special education component of

the online plan. An explanation for reducing the MOE must be provided. Do not include Medicaid funds

budgeted for special education in the Line 13 budgeted amount.

Districts that seek to reduce their local maintenance of effort in accordance with §300.205 (d) and use some of their Part B

funds for early intervening services under §300.226 must do so with caution because the local maintenance of effort

reduction provision and the authority to use Part B funds for early intervening services are interconnected. The decisions

that an LEA makes about the amount of funds that it uses for one purpose affect the amount that it may use for the other.

A form provided in Compliance Special Education – MOE section of the online strategic plan incorporates the county’s

use of these amounts in accordance with §§300.205(d) and 300.226(a). The maximum amounts that are available to the

county for these purposes will be specified at the top of the form. The amount the county intends to use for early

intervening, if applicable, must be entered in the space provided. In addition, the amount of the LEA seeks to reduce their

local maintenance of effort, if any, must also be entered in the space provided. In determining what amount(s) of the


maximum amount provided can be used for these purposes, counties should follow the examples that are provided on the

instructions of the form to assure that the amounts entered are permitted and do not improperly affect the other as

mentioned above. Using other information that is stored from a table or from accessing WVEIS, the form will

automatically calculate whether or not the combination of CEIS and MOE funds is allowable and whether county has met

the maintenance of effort requirement. Districts found out of compliance with the maintenance of effort requirement

must provide an explanation in accordance with directions that are contained in this section. Noncompliance is

signified by the MOE amount showing in red on the screen.


Please view the MOE screen online for FY11 updates.

ITEMIZATION OF EQUIPMENT

Complete this worksheet for equipment having a useful life of more than one year and an acquisition cost of $5,000 or

more per unit for equipment identified in any action step using Special Education funding. List each type of equipment

(e.g., Liberator, Dynavox), the number of units to be purchased and the action step where the purchase of each equipment

item is specified. Also, indicate with an ―X‖ the funding source for each item. Information on this page must

accurately match information in the Action Steps that include the equipment purchase.

CONSTRUCTION AND REMODELING

Compliance – Special Education - Construction Screen and Instructions


Construction and Remodeling (administrative procedures and implementing regulations governing the use of state and

federal funds for construction and remodeling)

A. INTRODUCTION These administrative procedures implement the following as they pertain to the use of state and federal

entitlement funds for construction or remodeling: 1) the Education Department General Administrative

Regulations; 2) Individuals with Disabilities Education Act (IDEA 2004); 3) provisions of the Davis-Bacon Act;

4) Policy 2419: Regulations for the Education of Students with Exceptionalities; and 5) Policy 6200: Planning of

School Facilities specific to the construction of school facilities as administered by the Office of School Facilities.


All federal construction programs must follow the provisions of the Davis-Bacon Act. In general, the act requires

that all laborers and mechanics employed by the contractors or subcontractors be paid wages not less than those

established for the locality of the project by the Secretary of Labor in accordance with the Act. For projects that

require advertising and bidding, the district shall request a wage rate determination from the U.S. Department of

Labor. The wage rate determination shall be used by the district in its standard terms and conditions in awarding

the contract.

B. DEFINITION OF CONSTRUCTION Part A of IDEA (20 U.S.C. §1401) defines "construction" as: a) erection of new or expansion of existing

structures, and the acquisition and installation of equipment therefore; or b) acquisition of existing structures not

owned by any agency or institution making application for assistance under this chapter; or c) remodeling or

alteration (including the acquisition, installation, modernization, or replacement of equipment) of existing

structures; or d) acquisition of land in connection with activities in clauses (a), (b) and (c); or e) a combination of

any two or more of the foregoing.

C. REQUIREMENTS AND APPROVAL PROCESS

Construction Using IDEA Funds

Any construction or alteration of facilities must comply with Appendix A to part 36 of title 28, Code of Federal

Regulations, the ―Americans with Disabilities Accessibility Guidelines for Buildings and Facilities‖ or Appendix A of

subpart 101-19.6, of title 41, Code of Federal Regulations the ―Uniform Federal Accessibility Standards.‖ (34 CFR

§300.718) States and LEAs also must comply with requirements in 34 CFR Part 76 regarding construction, including the

requirements in 34 CFR §§75.600-75.617 that are incorporated by reference in 34 CFR §76.600. Requirements for All IDEA Funds

The following procedural steps apply to the use of IDEA, Part B funds for construction as defined above:

STEP 1: Project Approval by the Office of Special Programs (OSP).

1. The district must obtain project approval from the OSP.

a. The following submissions are required in the Compliances - Special Education – Construction section of

the online plan to the County Strategic Plan for project approval:

Detailed description of the need for construction or remodeling

In addition to the description, a line drawing detailing square footage and space utilization is

submitted separately.

Inclusion of action step under the appropriate goal and appropriate budgetary sections in the Special

Education Budget Spreadsheet. If this project is part of a larger construction or remodeling project,

provide an estimate of all costs by funding source (including local and other non-entitlement sources)

associated with this construction or remodeling project. Indicate whether the project requires

advertising and bidding (i.e., use of contractors or subcontractors).

A description of how the project impacts upon placement of the target students in the least restrictive

environment.

Describe how the project complies with the following Federal regulations on access by individuals

with disabilities.

Appendix A to part 36 of title 28, Code of Federal Regulations, the ―Americans with Disabilities

Accessibility Guidelines for Buildings and Facilities‖ or

Appendix A of subpart 101-19.6, of title 41, Code of Federal Regulations the ―Uniform Federal

Accessibility Standards.‖

If applicable, describe the relationship of the proposed construction to and probable effect on any

district, site, building, structure, or object that is: (1) included in the National Register of Historic

Places; or (2) eligible under criteria established by the Secretary of Interior for inclusion in the

National Register of Historic Places.


Assure compliance with requirements in Education Department General Administrative Regulations,

34 CFR Part 76 regarding construction, including the requirements in 34 CFR §§75.600-75.617 that

are incorporated by reference in 34 CFR §76.600 and with Policy 6200 (see Appendix C). The

Superintendent will be required to sign construction-related assurances separately.

For large construction and major remodeling projects, an on-site planning meeting may be requested by OSP.

Participants will typically include the architect, county school officials, officials from the Office of School

Facilities and an official from OSP.

STEP 2: Amendment of the County's Comprehensive Educational Facilities Plan (CEFP) through the Office of

School Facilities and Project Approval for Construction by the State Board of Education, and if

School Building Authority (SBA) funds are used, approval from the SBA.

NOTE: The process will require the approval of the State Board of Education through the Office of School Facilities.

The district is to follow the established process outlined in Policy 6200.

1. Upon notification of preliminary approval by the OSP, the district shall request an amendment to its CEFP to

the State Board of Education according to the present procedures prepared by the Division of School

Transportation and Facilities. These procedures require that amendments be submitted for review and

approval prior to the construction of any new facilities or the renovation or remodeling of existing facilities.

The CEFP must include all projects that alter the instructional square footage of the facility or exceed

$50,000, regardless of the funding source.

2. Upon approval of the amendment, the district shall submit a plan for project approval for construction to the

State Board of Education with accompanying plans and specifications according to the procedures prepared

by the Office of School Facilities. The project plan for construction, plans and specifications shall receive an

interdepartmental review coordinated by the Office of School Facilities. The state agencies participating in

the review include: Office of the State Fire Marshal, Department of Health and Human Resources, Division of

Highways, Division of Rehabilitative Services (Section 504 review), Department of Education and SBA, as

appropriate.

3. Upon approval by the State Board of Education, the county will receive notification to initiate the project

from the Director of the Office of School Facilities. The OSP will then issue a notification of grant award.

4. Before construction is advertised or placed on the market for bidding, the district shall have approval by the

State Board of Education and the SBA, as appropriate, of the formal working drawings and specifications

(project approval for construction).

STEP 3: Advertising, Bidding and Procurement Procedures

Advertising, bidding and procurement procedures used by the district shall comply with Subpart P - Procurement

Standards of the Education Department General Administrative Regulations (34 CFR §74.170-§74.177),

Department policy and WV Code.

STEP 4: Construction

The district shall maintain competent architectural engineering supervision and inspection of the construction site

to ensure that the work conforms to the approved drawings and specifications of the Education Department

General Administrative Regulations (34 CFR §75.712).

A significant change in the Five-Year Online Strategic Plan program for 2010-2011 is the budget submission. The special

education budget will be submitted with the county budget by the county’s chief financial officer no later than June 1.

The Excel spreadsheet submitted with the special education plan, is a helpful as a planning tool. Please continue to

SPECIAL EDUCATION BUDGET


submit the spreadsheet, or an alternate format, by e-mail to assist in the review of the budget. The WVEIS budget must

match to the Action Steps/Subtasks in the Five-Year plan. Expenditures will be matched through review of the project,

program/function and object codes, therefore, specific codes from the Chart of Accounts

(http://wvde.state.wv.us/finance/manuals/charts.pdf ) are required. Because county budgets must go to the local Board of

Education for approval and must be available to the public for review, the special education director in collaboration with

the CFO will need to complete the budget no later than mid-May.

The special education budget, as submitted through WVEIS, will be populated into the online plan system, when it is

available. It may not be reflected in the plan pdf submitted on June 1. However, the Office of School Finance will

forward the WVEIS submission to the OSP for review. Please be as accurate as possible with coding and amounts in

this original submission. Once the WVEIS budget is submitted, changes can only be made through the budget revision

process submitted after July 1. If the OSP’s review indicates a budget revision is required before the plan can be

approved, the budget revision process could delay release of the grant award. In this situation, the online plan may be

approved pending submission of the required budget revision.

For example, the 21210 code indicates a multicategorical teacher. It is not a catch-all for special education. In some

cases it may also be used for general expenditures for which a specific code is not provided. Professional development for

special education is 22213. Specific related services, such as speech therapy, physical therapy and occupational therapy

have designated codes. Please follow instructions and preferences in the Chart of Accounts when selecting the codes to

use.

The private school proportionate share expenditures are designated with a program/function code beginning with 5xxxx,

so these funds may be tracked. Coordinated Early Intervening Services (CEIS) program/function code begins with 1xxxx,

indicating a general education expenditure. All special education expenditures have program/function codes beginning

with 2xxxx. Expenditures are further specified by the object codes. For example, professional development expenditures

would be further specified with object codes for stipends, substitutes, or services of the trainer. Bear in mind plan

reviewers are matching the subtasks to the WVEIS budget, so please provide subtasks and budget coding that can easily

be matched.

The budget must link the Action Steps and Subtasks to allowable expenditures in the eight categories as applicable. The

WVEIS budget will not appear grouped in these categories, however.

Personnel:

The amount to be expended from each program/function code by type of position (LD, multicategorical) for

personnel. Each type of position will require its own line item for the salary and additional line items for various

fixed costs. The program/function code and the FTE in the budget system must match the information in the

subtasks within the online plan.

In the column for IDEA Preschool (Ages 3-5), 43-1-2, enter the amount to be expended from this project code for

personnel as described above. Only personnel providing special education and related services to students with

disabilities ages 3-5 are allowable under this project code.

In the column for State Aid, enter the amount to be expended from this project code for personnel as described

above. Personnel providing special education and related services to any student with an exceptionality, including

disabilities, gifted and exceptional gifted, may be funded through this project code.

This same process is repeated for the additional expenditure categories, as applicable to the Action Steps and Subtasks

created in the plan and to the special education activities in the Professional Development Plan. Repeat the process above

for:

Services

Materials, Supplies and Equipment

Professional Development (either in the Professional Development Plan or Action Steps)

Coordinated Early Intervening Services – Amount must be listed separate from other sections to verify amount

spent is not greater than 15% or IDEA school age funds

Services to Students Parentally Placed in Private Schools

http://wvde.state.wv.us/finance/manuals/charts.pdf


The proportionate amount calculated under Compliances Special Education must be spent from IDEA

funds. This must be listed separately to verify amount spent. At county option, additional funds may be

spent.

Facilities – Also complete the LEA-Construction and Remodeling component under Compliances Special

Education, if applicable.

Other – (e.g., indirect costs, CIMP steering committee)

To be eligible for FY11federal and state aid funds for the education of students with exceptionalities, the following

requirements must be met:

The district has submitted the April 2010 Comprehensive Self-Assessment Desk Audit to the Office of Assessment and

Accountability.

The district has conducted consultation with representatives of private schools and representative of parents of students

parentally placed in private schools to determine use of proportionate share of IDEA ARRA funding for implementation

of services plans. Documentation is on file with the district.

If the district had allocated IDEA, Part B school age entitlement funds for Early Intervening Services in the last three

years, the district has completed the designated Coordinated Early Intervening Report.

The County Board of Education has adopted Policy 2419 as the county’s policies and procedures for implementing

IDEA and West Virginia Code and has provided documentation to the OSP.

APPENDIX B

INDIRECT COSTS

Indirect costs must be within the rates established for FY-00 and may only be charged to federal grants and not

state aid funds. Indirect cost rates are calculated as follows:

Example (Indirect Costs Calculation)- (To calculate an indirect cost rate for a federal allocation at the rate of 2.23%:

Total Amount of Grant $20,000

Indirect Cost Rate 2.23%

Project Direct Costs $20,000 / (2.23% + 100%) = $19,574

Project's Indirect Costs $19,574 X 2.23% = $ 437

Total $20,000

IDEA 2004 COMPLIANCE CHECK POINT


APPENDIX C

CALCULATION FOR EQUITABLE SERVICES FOR PARENTALLY PLACED STUDENTS IN PRIVATE

SCHOOLS AND CONSULTATION FORM

EXAMPLE

EXPENDITURES FOR PARENTALLY PLACED SCHOOL-AGE STUDENTS IN PRIVATE SCHOOLS

A district has the following numbers of eligible students with disabilities on December 1, 2007:

Eligible Private School Students with Disabilities Aged 3-21

Receiving special education and/or related services 8

Not receiving special education and/or related service 2

Subtotal of all eligible private school students with disabilities 10

Eligible Public School Students with Disabilities Aged 3-21

Receiving special education and/or related services 186

Not receiving special education and/or related services 4

Subtotal of all eligible students with disabilities 190

All IDEA eligible students in the district 200

The minimum required expenditure for students aged 3-21 is:

(a.) 10

(b). 200 X (c.) $100,000 = (d.) $5,000


DOCUMENTATION OF CONSULTATION WITH PRIVATE SCHOOL

AND PARENT REPRESENTATIVES

Components of Consultation: Document the specific strategies for each of the following components as a result of consultation with

representatives of private schools located within the county and representatives of parents of parentally-placed private school students.

1. Child Find:

a. Students will be identified and referred by:

□ Private school teacher or administrator referrals □ Parent referrals □ Other

______________________

□ Developmental Screenings □ Physician referrals

b. Parents, teachers and private school officials will be informed of the child-find process through:

□ Brochure dissemination □ Public announcements □ Other ____________

2. Proportionate Share of Funds: For purposes of calculating the proportionate share, a count of parentally-placed private

school children with disabilities attending private schools located in the local educational agency (LEA) must be conducted

December 1 of each year.

□ Review of LEA Plan calculation of IDEA, Part B proportionate amount

3. Consultation Process:

Identify the method(s) for conducting the consultation process, including how the process will operate throughout the

school year to ensure parentally placed private school students with disabilities identified through child find can

meaningfully participate in special education and related services.

□ Meeting □ Focus Group

□ Survey □ Phone Conference

□ Correspondence □ Other ___________________

4. Provision of Special Education and Related Services:

Identify how, where, and by whom special education and related services will be provided

□Type(s) of Services (Direct and alternate service delivery mechanisms)

_______________________________________________________________________________________

_______________________________________________________________________________________

□ Evaluation of Services Provided

_____________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

□ How services will be apportioned if funds are insufficient to serve all parentally-place private school

students __

_______________________________________________________________________________________

_______________________________________________________________________________________

□ How and when decisions will be made

________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

Written Affirmation of Participation in the Consultation Process: District Representative(s) ___________________________________________ Date ______________

Parent Representative(s) ____________________________________________ Date ______________

Private Schools Representative________________________________________ Date ______________

Private Schools Representative _______________________________________ Date ______________

Private Schools Representative _______________________________________ Date ______________

NOTE: If the LEA disagrees with private school officials on the provision of services or types of services, the LEA will provide to

the private school officials a written explanation of the reasons why the LEA chose not to provide services directly or through a

contract.


APPENDIX D

FY 11 ASSURANCES

Grant awards will contain the following assurances and additional assurances regarding tracking and reporting requirements. Further

guidance from the U.S. Department of Education is pending to clarify the details of the requirements.

By signing the attached grant awards for IDEA 2004 Part B entitlement funds, the district superintendent assures the State Superintendent of

Schools of the district’s compliance with the following assurance statements:

1. Use of IDEA, Part B Funds

a. The district will use funds provided under Part B of IDEA in the following order of priorities:

To provide a free appropriate public education to first priority students, including the identification, location and evaluation

of first priority students. First priority students are students with disabilities, aged 3-21, who are not receiving an education

(i.e., not in school); or

Other requirements under IDEA.

b. IDEA funds may also be used for:

Services and aids that also benefit nondisabled children, specifically for the costs of special education and related services

and supplementary aids and services, provided in a regular class or other education-related setting to a student with a

disability in accordance with the student’s IEP even if one or more nondisabled students benefit from such services;

Early intervening services in accordance with IDEA 613(f);

High cost education and related services to establish and implement cost or risk sharing funds, consortia or cooperatives for

the district or for other districts working in a consortium of which the district is a part to pay for high cost special education

and related services.

Administrative case management for the purpose of appropriate technology for record keeping, data collection and related

case management activities of teachers and related services personnel providing services for students with disabilities.

To carry out a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 except that

the amount used by the district for such programs shall not exceed:

The number of students with disabilities participating in the schoolwide program; multiplied by the amount received by the

district by the district under Part B for the fiscal year divided by the number of students with disabilities in the jurisdiction

of the district.

2. Public Control of Funds

a. The control of funds provided to local education agencies under each entitlement program and title to property acquired with those

funds will be in a local education agency and that a local education agency will administer those funds and property.

b. The local education agency will use fiscal control and fund accounting procedures that will ensure proper disbursement of, and

accounting for, funds paid to the agency under these entitlement programs.

c. All equipment (items of $5,000 or more per unit) purchased with IDEA, Part B funds will be permanently labeled. The label will

identify the entitlement program and fiscal year of purchase.

d. Equipment records shall be maintained accurately and shall include the following information: 1) a list of equipment including serial

number and model; 2) source of the equipment, including the award number; 3) whether the title vests in the recipient or the federal

government; 4) date of purchase; 5) information from which one can calculate the percentage of Federal participation in the cost of

the equipment; 6) location and condition of the equipment and the date the information was reported; 7) unit acquisition cost; and 8

)ultimate disposition data, including the date of disposal and sales price or the method used to determine fair market value.

3. Administration

The district will administer each entitlement program covered by this plan in accordance with all applicable statutes, regulations, program

plans and plans.

4. Compliance with Statutes, Regulations, State Eligibility Document and Plans

The district shall comply with the state eligibility document and applicable state and federal statutes, regulations and approved plans

under these entitlement programs and shall use funds in accordance with these statutes, regulations, documents and plans.

5. Nondiscrimination

The district will comply with the following statutes and regulations

Subject Statute Regulation Discrimination on the Title VI of the Civil 34 CFR Part 100

basis of race, color Rights Act of 1964

or national origin (42 U.S.C. §2000d et seq)


6. Complaints

The district will comply with the procedures established by the State Department of Education for the resolution of complaints regarding

the violation of statutes and regulations applicable to these entitlement programs.

7. Procedural Safeguards

The district has procedural safeguards in effect which meet the requirements of 34 CFR §300.500 - §300.520.

8. Reports

The district will: a) make reports to the State Department of Education or State Board of Education and to the U.S. Secretary of

Education as may be required and necessary to enable the state department or board and the commissioner to perform their duties,

including data under Part B; and b) maintain records required under Section 437 of the General Education Provisions Act and provide

access to those records as the state department, board or commissioner deem necessary to perform their duties. The district specifically

agrees to:

a. collect and submit data to the WVDE relevant to students with disabilities (e.g., child count, educational environments, performance

on assessments, participation in state and county testing programs, students exiting special education, suspensions, expulsions and

race and ethnicity);

b. participate in the Continuous Improvement Focused Monitoring Process Comprehensive Self-Assessment Desk Audit (CSADA)

process, including the completion of an improvement plan based upon input from stakeholders and a review and analysis of the data

on an annual basis;

c. collect and submit to the WVDE data pertaining to the provision of Coordinated Early Intervening Services in accordance with

613(f).

d. Maintain financial and project completion records and make reports as directed by WVDE to meet ARRA section 1512 (c)

requirements issued by the U.S. Department of Education through www.FederalReporting.gov and any additional information

required, including (1) the total amounts of ARRA funds received and expended or obligated; (2) the name, description and

evaluation of the project or activity’s completion status; and (3) an estimate of the number of jobs that were save or created with the

funds. Records shall include specific coding of ARRA IDEA funds to enable tracking of expenditures and shall report such

additional information to WVDE by the specified date as is needed to meet quarterly reporting requirements, including names of

vendors receiving $25,000 or more in ARRA funds.

9. Nonsupplanting

Amounts provided to the district shall be expended in accordance with IDEA 2004 and shall be used only to pay for the excess costs of

providing special education and related services to student with disabilities; shall be used to supplement State, local and other Federal

funds and not to supplant such funds; and shall not be used to reduce the level of expenditures for the education of students with

disabilities made by the district from local funds below the level of those expenditures for the preceding fiscal year except as provided in

a-d below:

a. The voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel;

b. A decrease in the enrollment of students with disabilities;

c. The termination of the obligation of the agency, consistent with this part, to provide of program of special education to a particular

student with a disability that is an exceptionally costly program, as determined by the State, because the student has left the

jurisdiction of the agency, has reached the age at which the obligation of the agency to provide FAPE to the student has been

terminated, and/or no longer needs such a program; or

d. The termination of costly expenditures for long term purchases such as the acquisition of equipment or the construction of school

facilities.

10. Excess Cost

Discrimination on the Title IX of the 34 CFR Part 106

basis of sex Education Amendments

of 1972 (20 U.S.C. 1681-1688)

Discrimination on the Section 504 of the 34 CFR Part 104

basis of handicap Rehabilitation Act of 1973

(29 U.S.C. 794)

Discrimination on the The Age Discrimination Act 34 CFR Part 110

basis of age (42 U.S.C. 6101 et. seq.)

http://www.federalreporting.gov/


The district will use funds provided under Part B of IDEA only for costs which exceed the amount computed under 34 CFR §300.16 and

which are directly attributable to the education of students with disabilities with the exception of those funds as delineated in #1 above.

The district assures that it has calculated the aggregate minimum amount that the LEA must have spent for the education for elementary

and secondary students with disabilities from all available funding sources other than IDEA, Part B, Capital Outlays and Debt Service.

Therefore, the IDEA, Part B funds in this plan will be used only for costs over and above this minimum. The district will maintain

records, which show the agency meets the above requirements.

11. Obligation and Liquidation of Funds

Entitlement funds will not be obligated prior to the receipt of a Notification of Grant Award and approval of a Project Amendment

Request by the State Board of Education. Extensions on obligation and liquidation dates for federal grant awards will not be approved.

12. Adjustment to Local Fiscal Effort in Certain Fiscal Years

For any fiscal year for which the allocation received by a district under section 611(f) exceeds the amount the district received the

previous fiscal year, the district may reduce the level of expenditures otherwise required by not more than 50% of the amount of such

excess and use those funds for activities authorized under the Elementary and Secondary Education Act of 1965.

13. Goal Establishment

The district hereby provides a full educational opportunity to all students with disabilities, aged birth to 21, residing within its

jurisdiction by the 2014 school year as required by 34 CFR §300.109.

14 Preschool Transition

The district has established priorities of integrated education and transition from IDEA, Part C programs to IDEA, Part B programs for

all eligible students aged 3-5. The district will demonstrate activities to show that interagency transition services are provided for each

student enrolled in early childhood preschool programs and the district will participate in transition planning conferences arranged by the

Part C lead agency.

15. Comparable Services

Funds under Part B of IDEA 2004 will not be used to provide services to students with disabilities unless the district uses state

and local funds to provide services to those students which, taken as a whole, are at least comparable to services provided to other

students with disabilities in the district. The district will maintain records, which show the agency meets the above requirements.

16. Personally Identifiable Information

The district ensures the annual project plan does not contain information that could be considered easily traceable to a specific student.

17. Personnel Development

The district shall ensure that all personnel necessary to carry out IDEA 2004 are appropriately and adequately prepared, subject to the

requirements of IDEA 612(a)(14) and section 6122 of the Elementary and Secondary Education Act of 1965.

18. Public Information

The district shall make available to parents of students with disabilities and to the general public all documents relating to the eligibility

for funds under IDEA 2004.

19. Public Inspection

Any plan, program evaluation, periodic program plan or report relating to these programs will be made readily available to parents and

other members of the general public.

20. Private School Participation and Expenditures

a. The district will comply with 34 CFR §76.650-§76.662 of the Education Department General Administrative Regulations (EDGAR)

concerning the participation of students enrolled in private schools. The district will maintain records, which show the agency

meets the above requirements.

b. The district must keep title to and exercise continuing administrative control of all property and equipment and supplies that the

public agency acquires with funds under section 611 and 619 of the Act for the benefit of private school students with disabilities.

c. The district shall ensure that the equipment and supplies that are needed for a program and are placed in a private school (1) are

used only for Part B purposes; and 2) can be removed from the private school without remodeling the private school facility.

d. No funds under Part B may be used for repairs, minor remodeling, or construction of private school facilities.

e. The district shall ensure that to the extent consistent with their number and location in the district, provision must be made for the

participation of private school students with disabilities in the program assisted or carried out under IDEA Part B by providing them

with special education and related services in accordance with §300.130 - §300-148.


f. To meet the requirement of §300.132(a), each district must spend on providing special education and related services to private

school students with disabilities: 1) for students aged 3-21, an amount that is the same proportion of the LEA’s total subgrant under

section 611(g) of the Act as the number of private school students with disabilities in its jurisdiction is to the total number of

students in its jurisdiction aged 3-21; and 2) for students aged 3 through 5, an amount that is the same proportion of the LEA’s total

subgrant under section 619(g) of the Act as the number of private school students with disabilities aged 3-5 in its jurisdiction is to

the total number of students with disabilities in its jurisdiction aged 3-5.

g. Expenditures for child find activities described in §300.131 may not be considered in determining whether the district has met the

requirements of §300.132(a).

h. Funds under section 611 or 619 of the Act will not be used for classes that are organized separately on the basis of school

enrollment or religion of the students if (a) The classes are at the same site, and 2) The classes include students enrolled in public

schools and students enrolled in private schools.

i. Funds provided under section 611 or 619 of the Act will not be used to finance the existing level of instruction in a private school or

to otherwise benefit the private school.

j. The district shall use funds provided by Part B of the Act to meet the special education and related services needs of students with

disabilities, but not for (1) The needs of a private school, or (2) The general needs of the students enrolled in the private school.

21. Public and Private Insurance

a. The district must assure that proceeds from public benefits or insurance or private insurance will not be treated as program income for

the purposes of 34 CFR 80.25. If a public agency spends reimbursements from federal funds (e.g., Medicaid) for services under

this part, those funds will not be considered “State or local” funds for the purposes of the maintenance of effort provisions in

§300.163 and §300.203.

b. For students with disabilities who are covered by public insurance, the agency shall not (1) Require parents to incur out-of-pocket

expenses such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to this part, but

pursuant to paragraph (g)(2) of this section, may pay the cost that the parents otherwise would be required to pay; (2) May not require

parents to sign up or enroll in public insurance programs in order for their child to receive FAPE under Part B of the Act; (3) May not

use a student’s benefits under a public benefits or insurance program if that use would (A) Decrease available lifetime coverage or any

other insured benefit; (B) Result in the family paying for services that would otherwise be covered by the public benefits or insurance

program and that are required for the student outside of the time the student is in school; (C) Increase premiums or lead to the

discontinuation of benefits or insurance; (D) Risk loss of eligibility for home and community-based waivers, based on aggregate health-

related expenses. NOTE: Nothing in this part should be construed to alter the requirements imposed on a State Medicaid agency, or any

other agency administering a public insurance program by Federal statute, regulations or policy under Title XIX, or Title XXI of the

Social Security Act, or any other public agency insurance program.

c. If a public agency is unable to obtain parental consent to use the parents’ private insurance, or public benefits or insurance when the

parents would incur a cost for a specified service required under this part, to ensure FAPE the public agency may use its Part B funds to

pay for the service.

22. Parent Participation

The district assures that parents or guardians of exceptional students are provided opportunities for participation in the planning for and

operation of these entitlement programs. Specifically, provisions are made for parents to participate in each step of the special education

delivery process through the implementation of due process and IEP regulations as specified in the district policies and procedures;

provision of opportunities for parents to receive training; and parental input in the development of program plans and plan for funding.

23. Parent Training

The district will afford parents of exceptional students the opportunity to receive training in regard to the information and resources they

need to become full participating members in the educational process.

24. Policies and Procedures

The local education agency has adopted the WV Procedures Manual for the Education of Students with Exceptionalities as its policies

and procedures to ensure meeting the Part B IDEA requirements.

25. Equity

In accordance with Section 427 of Title II, the General Education Provisions Act (GEPA), enacted as part of the 2001 No Child Left

Behind Act amendments to the Elementary and Secondary Education Act of 1965, the district shall address equity concerns that may

affect full participation of potential program beneficiaries (teachers, students and/or parents) in designing their annual special education

plan. The district will identify barriers to full participation, if any, such as gender, race, national origin, color, disability, and/or age, and

address the necessary steps to overcome them.

26. Records Regarding Migratory Students with Disabilities


The district shall cooperate in the Secretary’s efforts under section 1308 of the Elementary and Secondary Education Act of 1965 to ensure the

linkage of records pertaining to migratory students with a disability for the purpose of electronically exchanging among the States, health and

educational information regarding such students.

27. Purchase of Instructional Materials

Coordinate with the National Instructional Materials Access Center, when purchasing print instructional materials, shall acquire the print

instructional materials in the same manner and subject to the same conditions as a State educational agency acquires print instructional materials

under section 612(a)(23), or if the district chooses not to coordinate with the National Instructional Materials Access Center, provide an

assurance the district will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.


36

ASSURANCES

LOBBYING; DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS

Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should

also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for

compliance with certification requirements under 34 CFR Part 82, "New Restrictions on Lobbying," and 34 CFR Part 85, "Government-

wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The

certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education

determines to award the covered transaction, grant, or cooperative agreement.

1. LOBBYING

As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for persons entering into a grant or

cooperative agreement over $100,000, as defined at 34 CFR Part 82, Sections 82.105 and 82.110, the applicant certifies that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or

attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee

of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the

extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to

influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member

of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form -

LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;

(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers

(including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and

disclose accordingly.

2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospective participants in

primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110--

A. The applicant certifies that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions

by any Federal department or agency;

(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for

commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or

local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,

theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with

commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and

(d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated

for cause or default; and

B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an

explanation to this application.

3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)

As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR

Part 85, Sections 85.605 and 85.610 -

A. The applicant certifies that it will or will continue to provide a drug-free workplace by:

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled

substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such

prohibition;


37

(b) Establishing an on-going drug-free awareness program to inform employees about:

(1) The dangers of drug abuse in the workplace;

(2) The grantee's policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, and employee assistance programs; and

(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by

paragraph (a);

(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee

will:

(1) Abide by the terms of the statement; and

(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than

five calendar days after such conviction;

(e) Notifying the agency in writing within 10 calendar days after receiving actual notice of such a conviction. Employees of convicted

employees must provide notice, including position title to: Director, Grants Policy and Oversight Staff, U.S. Department of Education, 400

Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3), Washington, DC 20202-4248. Notice shall include the

identification number(s) of each affected grant;

(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any

employee who is so convicted:

(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the

Rehabilitation Act of 1973, as amended; or

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by

a Federal, State, or local health, law enforcement, or other appropriate agency;

(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs

(a), (b), (c), (d), (e), and (f).

B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:

Place of Performance is the district’s headquarters.

DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS)

As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR

Part 85, Sections 85.605 and 85.610-

A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a

controlled substance in conducting any activity with the grant; and

B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the

conviction, in writing, within 10 calendar days of the conviction, to: Director, Grants Policy and Oversight Staff, Department of Education,

400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3), Washington, DC 20202-4248. Notice shall include the

identification number(s) of each affected grant.

ED 80-0013

PR/AWARD NUMBER AND / OR PROJECT NAME CFDA 84.027 and 84.173


38

Appendix E

WAGE RATE REQUIREMENTS

SEC. 1606. Notwithstanding any other provision of law and

in a manner consistent with other provisions in this Act, all laborers

and mechanics employed by contractors and subcontractors on

projects funded directly by or assisted in whole or in part by

and through the Federal Government pursuant to this Act shall

be paid wages at rates not less than those prevailing on projects

of a character similar in the locality as determined by the Secretary

of Labor in accordance with subchapter IV of chapter 31 of title

40, United States Code. With respect to the labor standards specified

in this section, the Secretary of Labor shall have the authority

and functions set forth in Reorganization Plan Numbered 14 of

1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40,

United States Code.

Education Department General Administrative Regulations - Construction

§ 75.600 Use of a grant for construction: Purpose of §§75.601–75.615.

Sections 75.601–75.615 apply to:

(a) An applicant that requests funds for construction; and

(b) A grantee whose grant includes funds for construction.

(Authority: 20 U.S.C. 1221e–3 and 3474)

§ 75.601 Applicant's assessment of environmental impact.

An applicant shall include with its application its assessment of the impact of the proposed construction on

the quality of the environment in accordance with section 102(2)(C) of the National Environmental Policy

Act of 1969 and Executive Order 11514 (34 FR 4247).


§ 75.602 Preservation of historic sites must be described in the application.

(a) An applicant shall describe in its application the relationship of the proposed construction to and

probable effect on any district, site, building, structure, or object that is:

(1) Included in the National Register of Historic Places; or

(2) Eligible under criteria established by the Secretary of Interior for inclusion in the National Register of

Historic Places.

Cross reference: See 36 CFR part 60 for these criteria.

(b) In deciding whether to make a grant, the Secretary considers:

(1) The information provided by the applicant under paragraph (a) of this section; and

(2) Any comments by the Advisory Council on Historic Preservation.

Cross reference: See 36 CFR part 800, which provides for comments from the Council.


§ 75.603 Grantee's title to site.

A grantee must have or obtain a full title or other interest in the site, including right of access, that is

sufficient to insure the grantee's undisturbed use and possession of the facilities for 50 years or the useful

life of the facilities, whichever is longer.


§ 75.604 Availability of cost-sharing funds.

A grantee shall ensure that sufficient funds are available to meet any non-Federal share of the cost of

constructing the facility.


§ 75.605 Beginning the construction.

(a) A grantee shall begin work on construction within a reasonable time after the grant for the construction

is made.

(b) Before construction is advertised or placed on the market for bidding, the grantee shall get approval by

the Secretary of the final working drawings and specifications.


§ 75.606 Completing the construction.


39

(a) A grantee shall complete its construction within a reasonable time.

(b) The grantee shall complete the construction in accordance with the application and approved drawings

and specifications.


§ 75.607 General considerations in designing facilities and carrying out construction.

(a) A grantee shall insure that the construction is:

(1) Functional;

(2) Economical; and

(3) Not elaborate in design or extravagant in the use of materials, compared with facilities of a similar type

constructed in the State or other applicable geographic area.

(b) The grantee shall, in developing plans for the facilities, consider excellence of architecture and design

and inclusion of works of art. The grantee may not spend more than one percent of the cost of the project

on inclusion of works of art.


§ 75.608 Areas in the facilities for cultural activities.

A grantee may make reasonable provision, consistent with the other uses to be made of the facilities, for

areas in the facilities that are adaptable for artistic and other cultural activities.


[57 FR 30339, July 8, 1992]

§ 75.609 Comply with safety and health standards.

In planning for and designing facilities, a grantee shall observe:

(a) The standards under the Occupational Safety and Health Act of 1970 (Pub. L. 91–576) (See 36 CFR

part 1910); and

(b) State and local codes, to the extent that they are more stringent.


§ 75.610 Access by the handicapped.

A grantee shall comply with the Federal regulations on access by the handicapped that apply to

construction and alteration of facilities. These regulations are:

(a) For residential facilities—24 CFR part 40; and

(b) For non-residential facilities—41 CFR subpart 101–19.6.


§ 75.611 Avoidance of flood hazards.

In planning the construction, a grantee shall, in accordance with the provisions of Executive Order 11988

of February 10, 1978 (43 FR 6030) and rules and regulations that may be issued by the Secretary to carry

out those provisions:

(a) Evaluate flood hazards in connection with the construction; and

(b) As far as practicable, avoid uneconomic, hazardous, or unnecessary use of flood plains in connection

with the construction.


§ 75.612 Supervision and inspection by the grantee.

A grantee shall maintain competent architectural engineering supervision and inspection at the

construction site to insure that the work conforms to the approved drawings and specifications.


§ 75.613 Relocation assistance by the grantee.

A grantee is subject to the regulations on relocation assistance and real property acquisition in 34 CFR

part 15.


§ 75.614 Grantee must have operational funds.

A grantee shall insure that, when construction is completed, sufficient funds will be available for effective

operation and maintenance of the facilities.


§ 75.615 Operation and maintenance by the grantee.

A grantee shall operate and maintain the facilities in accordance with applicable Federal, State, and local

requirements.


§ 75.616 Energy conservation.


40

(a) To the extent feasible, a grantee shall design and construct facilities to maximize the efficient use of

energy.

(b) The following standards of the American Society of Heating, Refrigerating, and Air Conditioning

Engineers (ASHRAE) are incorporated by reference in this section:

(1) ASHRAE–90 A–1980 (Sections 1–9).

(2) ASHRAE–90 B–1975 (Sections 10–11).

(3) ASHRAE–90 C–1977 (Section 12).

Incorporation by reference of these provisions has been approved by the Director of the Office of the

Federal Register pursuant to the Director's authority under 5 U.S.C. 552 (a) and 1 CFR part 51. The

incorporated document is on file at the Department of Education, Grants and Contracts Service, rm. 3636

ROB–3, 400 Maryland Avenue, SW., Washington, DC 20202–4700 or at the National Archives and

Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–

6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

These standards may be obtained from the publication sales department at the American Society of

Heating, Refrigerating, and Air Conditioning Engineers, Inc., 1791 Tullie Circle, NE., Atlanta, Georgia

30329.

(c) A grantee shall comply with ASHRAE standards listed in paragraph (b) of this section in designing and

constructing facilities built with project funds.

(Authority: 20 U.S.C. 1221e–3 and 3474, 42 U.S.C. 8373(b), and E.O. 12185)

[57 FR 30339, July 8, 1992, as amended at 69 FR 18803, Apr. 9, 2004]

§ 75.617 Compliance with the Coastal Barrier Resources Act.

A recipient may not use, within the Coastal Barrier Resources System, funds made available under a

program administered by the Secretary for any purpose prohibited by 31 U.S.C. chapter 55 (sections

3501–3510).

(Authority: 20 U.S.C. 1221e–3 and 3474, 31 U.S.C. 3504, 3505)

[57 FR 30339, July 8, 1992]

Documents

Five Year Online Strategic Plan - West Virginia Department of