The Utah State Board of Education (USBE), which is the State Education Agency (SEA) has a responsibility under both federal and state law to monitor implementation of the Individuals with Disabilities Education Act (IDEA) by Local Educational Agencies (LEAs) through a system of general supervision that improves educational results and functional outcomes and ensures that public agencies meet program requirements.
The Office of Special Education Programs (OSEP) has indicated that the components of the Individuals with Disabilities Education Act (IDEA) Part B General Supervision system should include:
Entities that receive subgrants of Individuals with Disabilities Education Act (IDEA) Part B flow-through funding are Local Education Agencies (LEAs), including public school districts and public charter schools, and the Utah Schools for the Deaf and Blind (USDB). All LEAs must be current with the Utah Program Improvement Planning System (UPIPS) monitoring requirements, including correction of noncompliance within one year of notification, annual Corrective Action Plan (CAP), Special Education Improvement Plan (SEIP) and Program Improvement Plan (PIP) reports, and desk audit submissions to be eligible for IDEA Part B funds.
Further, each LEA must have on file with the Utah State Board of Education (USBE) Special Education Services (SES), policies, procedures, and programs (including any documentation necessary to ensure implementation) that are consistent with the State policies and procedures in the USBE SES section (USBE Special Education Rule (SER)) (34 CFR § 300.201). The minimum required components of these policies and procedures are detailed in the State Rules (USBE SER Rules IX.A.2.). The LEA must also have on file with the USBE information to demonstrate that it will make available to parents of students with disabilities and to the general public all documents related to the eligibility of the LEA under IDEA Part B (34 CFR § 300.212; Rules IX.A.5.).
Each LEA must submit an application in Utah Grants that includes agency identification and eligibility information, as well as a series of assurances.
Each LEA’s allocation is populated in Utah Grants, the application for all Federal funding including IDEA Part B funds. By October 1, the LEAs submit their IDEA program plan and budgets for the upcoming year through Utah Grants. The program plan and budget are reviewed by the USBE staff and, if appropriate, approved before an award letter is sent to the LEA within 15 days of receipt of the plan. The Utah Grants system contains a Specialist Checklist for plan and budget review. The USBE updates the rubric to reflect changes and further systematize this process. LEAs are notified of plans not approved, with details of problems in the program and budget plans. Corrections must be made and resubmitted within 15 days of notification of non-approval. The USBE staff provides technical assistance for this process. Updates to the Utah Grants are available for data that may change throughout the school year as well as for the different data due dates on the timeline.
Each LEA in Utah is required to provide, either singly or in cooperation with other school districts or public institutions, a Free Appropriate Education (FAPE) program for all students with disabilities who are residents of the district or who are enrolled in a public charter school. State funds from the Minimum School Program (MSP) are provided for each LEA that provides special education and related services to students with disabilities ages 3-21.
The LEA must provide evidence of the calculation of excess costs as part of the application for funds. IDEA funds may only be used to pay the excess costs of providing special education and related services for children with disabilities.
Average Daily Membership (ADM) Reports
USBE Superintendent Annual Report
Annual Financial Report (AFR) and Annual Program Report (APR) Reports
USBE Financial Operations
Calculation of Excess Costs
One of the requirement of receiving IDEA funds is that a Local Education Agency (LEA) (District or Charter School) must demonstrate every year that they are maintaining the same level of financial commitment from state and/or local funds toward their special education programs. The LEA must maintain this level of effort even when there is a decrease in the total amount of state and local funds available.
The LEA must maintain in its records and provide to the USBE:
Local Education Agencies (LEAs) may use Individuals with Disabilities Education Act (IDEA) Part B funds only to pay for allowable costs related to providing special education and related services to eligible students with disabilities. These funds must be used only to pay the excess costs of providing special education and related series to these students (34 CFR §§ 200.400-475 (subpart E), 300.16 and 300.202; Utah State Board of Education (USBE) SER IX.B.3; OMB Circulars A-87 and A-133). Funds paid to a State under IDEA Part B must be used to supplement the level of Federal, State, and local funds (including funds not under the direct control of the Utah State Board of Education (USBE) or LEAs) expended for special education and related services provided to students with disabilities under IDEA Part B and in no case to supplant those Federal, State, and local funds (34 CFR § 300.162).
The Utah State Board of Education (USBE) Special Education Services section, with input from Local Education Agencies (LEAs) and based on a review of data from the State Performance Plan/Annual Performance Report (SPP/APR), including student assessment and other student results, uses funding for some optional activities such as:
The Utah State Legislature has authorized 3.5 days for EYSE for the 2020-2021 school year.
EYSE Stipend reports will be done through Qualtrics. Links will be sent out on September 1 and June 1 and are due September 30 and June 30.
The State of Utah Auditor’s Office and the Utah State Board of Education (USBE) internal auditor audit Federal and State Individuals with Disabilities Education Act (IDEA) programs on a regular basis. Audit findings at the State level are reported to the USBE Assistant Superintendent of Student Support. Action is taken to correct procedures and practices that led to the audit findings within the required timeline. In addition, areas of concern identified in the audits (but not to the level of finding) are targeted for review as part of the fiscal monitoring process.
Any individual charged to a Federal grant must keep time and effort reporting whether or not it is a semi-annual certification or monthly Personnel Activity Reports (PAR). Semiannual certification is completed by those individuals who have a single-cost objective; monthly personnel activity reports are completed by individuals who have multiple-cost objectives. Under IDEA, any individual who is not 100% special education would need to complete monthly PAR; requirements for this are:
CEIS Report (Due September 30)
Time and Effort