Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities: Use of Funds

Use of Funds

Note: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.


Letter to Wisconsin Department of Public Instruction Assistant Director of Special Education Troy Couillard
March 7, 2013
Topic: Use of Federal Funds
Section of IDEA:
Part B—Assistance for Education of All Children with Disabilities; Section 613—Local Educational Agency Eligibility
Letter regarding using special education personnel to work with students who are not identified as students with disabilities, particularly under Wisconsin’s Multi-Level Systems of Support (MLSS), i.e., the state’s response to intervention (RTI) system. 
MS Word (38KB) | PDF (95KB)


Letter to Minnesota Department of Education Funding and Data Manager Carol Hokenson
January 30, 2013
Topic: Use of Federal Funds
Section of IDEA:
Part B—Assistance for Education of All Children with Disabilities; Section 613—Local Educational Agency Eligibility
Letter to provide clarification of provisions in Part B of the Individuals with Disabilities Education Act (IDEA) related to coordinated early intervening services (CEIS) and the maintenance of effort (MOE) by local educational agencies (LEAs). 
MS Word (49KB) | PDF (70KB)


Letter to University of Maine-Farmington, Chair of the Division of Rehabilitation Services and Special
November 14, 2012
Education Dr. Rick Dale
Topic: Use of Federal Funds
Section of IDEA:
Part B—Assistance for Education of All Children with Disabilities; Section 613—Local Educational Agency Eligibility
Letter regarding response to intervention (RTI) and the use of Individuals with Disabilities Education Act (IDEA) Part B funds for coordinated early intervening services (CEIS).
MS Word (33KB) | PDF (859KB)


Letter to New Mexico Public Education Department Assistant General Counsel Albert V. Gonzales
September 7, 2012
Topic: Use of Federal Funds
Section of IDEA:
Part B—Assistance for Education of All Children with Disabilities; Section 613—Local Educational Agency Eligibility
Letter regarding 34 CFR §300.204(a), which permits a local educational agency (LEA) to reduce the level of expenditures by the LEA under Part B of the Individuals with Disabilities Education Act (IDEA) below the level of those expenditures for the preceding fiscal year if the reduction is attributable to the voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel.
MS Word (33KB) | PDF (859KB)


Letter to Survival Coalition of Wisconsin Disability Organizations Co-Chairs Beth Sweeden, Lynn Breedlove, and Maureen Ryan
August 20, 2012
Topic: Use of Federal Funds
Section of IDEA:
Part B—Assistance for Education of All Children with Disabilities; Section 613—Local Educational Agency Eligibility
Letter regarding Wisconsin’s implementation of the requirements of Part B of the Individuals with Disabilities Education Act (IDEA or Part B) regarding local maintenance of effort (MOE).
MS Word (31KB) | PDF (632KB)


Letter to Washington Office of Superintendent of Public Instruction Special Education Section Director Douglas Gill
January 6, 2011
Topic: Use of Federal Funds
Section of IDEA:
Part B—Assistance for Education of All Children with Disabilities;
Section 613—Local Educational Agency Eligibility
Letter regarding maintenance of effort (MOE) reductions in light of the American Recovery and Reinvestment Act of 2009 (ARRA).
MS Word (32KB) | PDF (656KB)


Letter to National Association of Private Special Education Centers Executive Director and CEO Sherry L. Kolbe.
October 27, 2009
Topic: Use of Funds
Section of IDEA:
Part B—Assistance for Education of All Children with Disabilities; Section 611—Authorization; Allotment; State-Level Activities; Authorization of Appropriations
Letter regarding wheterh private specialized programs can compensate therapist employees and contractors for attending training sessions held on program campuses that occur beyond regular work hours with 611/619 funds.
MS Word (49KB) | PDF (70KB)


Letter to James Kennedy
October 31, 2008
Topic: Use of Funds

Letter concerning the excess cost and supplement-not-supplant requirements in Part B of the IDEA that apply to local educational agencies (LEAs).
MS Word (38KB) | PDF (95KB)


Letter to Christine Plagata-Neubauer
April 8, 2008
Topic: Use of Funds

Letter concerning certain fiscal requirements in Part B of the IDEA, including excess costs, maintenance of effort, and use of funds
MS Word (51KB) | PDF (231KB)


Letter to Honorable Cecil J. Picard
June 22, 2006
Topic: Use of Funds

Letter approving the state's request to reallocate IDEA Part B funds for state-level activities to purchase equipment and materials for a regional Assistive Technology Center and clarifying that no prior approval from the Department is required to fund a new staff position for the center.
MS Word (31KB) | PDF (131KB)


Letter to Mr. Vincent T. Leon Guerrero
May 5, 2005
Topic: Use of Funds

Letter clarifying that IDEA Part B funds may be used to purchase mini buses equipped with wheelchair lifts operated solely to provide transportation services for eligible students with disabilities.
MS Word (23KB) | PDF (79KB)


Letter to Honorable Cecil J. Picard
April 5, 2005
Topic: Use of Funds

Letter approving the state's request to use IDEA Part B funds to purchase computer equipment and software to improve educational services for students with disabilities in the state's residential programs.
MS Word (31KB) | PDF (253KB)


Letter to Richard A. Cohen
November 10, 2004
Topic: Use of Funds

Letter regarding the use of grants to local educational agencies (LEAs) for capacity building and improvement and funds retained by the state for state level activities to pay for expenses related to statewide assessments for grades three, six and ten.
MS Word (36KB) | PDF (115KB)


Letter to Honorable Rita Hocog Inos
October 25, 2004

Topic: Use of Funds

Letter regarding the general principles for determining whether expenditures for construction of new facilities or alteration of existing facilities are allowable under the IDEA.
MS Word (39KB) | PDF (159KB)


Letter to Ms. Renée Lewis
August 17, 2004
Topic: Use of Funds

Letter regarding the treatment of program income, generated from registration fees charged to participants at professional development conferences.
MS Word (22KB) | PDF (63KB)


Redacted letter
July 22, 2004
Topic: Use of Funds

Letter regarding whether a local educational agency (LEA) can use funds under Part B of IDEA to pay the salary of a reading specialist, who may or may not meet the state qualification standards for employment, to provide direct instruction to students with disabilities.
MS Word (23KB) | PDF (79KB)


Letter to Ms. Shan Goff
November 18, 2003
Topic: Use of Funds

Letter clarifying that under Part B of the IDEA, the court, in its discretion, may award reasonable attorneys' fees to the parents of a child with a disability who is a prevailing party in a due process hearing, but the IDEA does not provide a reciprocal right for a local educational agency (LEA) or state educational agency (SEA) (although it may be permissible for an LEA or SEA to recover fees under other applicable federal or state laws).
MS Word (22KB) | PDF (75KB)


Letter to Mr. Moeolo Vaatausili
March 25, 2003
Topic: Use of Funds

Letter regarding whether the purchase of vehicles to meet the transportation needs of children with disabilities using Part B funds is an allowable cost.
MS Word (37KB) | PDF (69KB)


Letter to Ms. Virginia Beridon
March 21, 2003
Topic: Use of Funds

Letter regarding criteria for determining whether use of Part B funds for international travel is an allowable cost.
MS Word (46KB) | PDF (113KB)


Letter to Dr. Norena Hale
November 7, 2002
Topic: Use of Funds

Letter listing regulations that apply to the use of state set-aside funds under sections 611 and 619 for monitoring.
MS Word (41KB) | PDF (140KB)


Letter to Ms. Kitty Littlejohn
May 22, 2002
Topic: Use of Funds

Letter regarding the ability to add program income, generated from registration fees assessed on participants at conferences conducted by the state department of education, to the IDEA Part B grant award.
MS Word (77KB) | PDF (101KB)


Letter to Dr. Ed Richardson
September 19, 2001
Topic: Use of Funds

Letter regarding the use of Part B funds to pay for litigation costs incurred as a result of compliance with specific provisions of the Part B of IDEA award.
MS Word (37KB) | PDF (114KB)


Letter to Mr. Paul Flinter
June 29, 2001
Topic: Use of Funds

Letter regarding allowable uses of preschool grant state set-aside funds.
MS Word (23KB) | PDF (112KB)


Letter to Honorable Mac Thornberry
May 24, 2001
Topic: Use of Funds

Letter clarifying that although IDEA funds may not be used to pay litigation expenses, these funds may be used to increase cooperative problem solving and to promote the use of alternative dispute resolution.
MS Word (21KB) PDF (121KB)


Letter to Honorable Rosa L. DeLauro
April 16, 2001
Topic: Use of Funds

Letter regarding the use of non-federal funding to supplement federal Part B funds for children with disabilities placed by their parents in private or parochial schools.
MS Word (26KB) | PDF (184KB)


Letter to Honorable J. Duke Albanese
March 31, 2001
Topic: Use of Funds

Letter regarding whether a unit that functions as a separate legal entity from the Maine Department of Education (MDE) should be included in MDE's Annual Single Audit.
MS Word (51KB) | PDF (180KB)


Letter to Honorable Richard S. Cross
February 13, 2001
Topic: Use of Funds

Letter regarding a finding in a Federal Fiscal Year (FFY) 1996 audit report questioning the personal service expenditures allocated to the Special Education-Grants to States federal program.
MS Word (36KB) | PDF (109KB)


Redacted letter
December 12, 2000
Topic: Use of Funds

Letter regarding revisions to the formula for distribution of funds awarded under Part B of IDEA and increases in federal funding levels for special education programs.
MS Word (40KB) | PDF (77KB)


Letter to Ms. Virginia C Beridon
September 21, 2000
Topic: Use of Funds

Letter regarding the availability of pre-award costs and Part B funds under the Cash Management Improvement Act of 1990 and the Education Department General Administrative Regulations (EDGAR).
MS Word (23KB) | PDF (279KB)


Letter to Honorable John Breaux
July 20, 2000
Topic: Use of Funds

Letter regarding the availability of Part B funds to purchase playground equipment.
MS Word (16KB) | PDF (121KB)


Letter to Lawrence Gloeckler
May 12, 2000
Topic: Use of Federal Funds

Letter clarifying that a state cannot require an LEA to use its Part B flowthrough funds to make payments to a private school that provided special education and related services to a child with a disability.
MS Word (16KB) | PDF (121KB)

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Last Modified: 10/18/2018