Special Education Listserv
Subject: Early Intervening Services (EIS)/Guidance Document
Source: Ginger Henry, Supervisor, Compliance
Intended Audience: Special Education Directors, Superintendents, Financial Administrators
Date: December 4, 2008
The Individuals with Disabilities Education Act (IDEA) allows districts to use up to 15 percent of IDEA Part B funds to provide Early Intervening Services (EIS) to students in kindergarten through grade 12 (with particular emphasis on students in kindergarten through grade 3), who have NOT been identified as needing special education and related services, but who need additional academic and behavioral support to succeed in a general education environment. Activities that a Local Education Agency (LEA) may carry out in implementing coordinated, early intervening services include:
* Professional development (which may be provided by entities other than local educational agencies) for teachers and other school staff to enable such personnel to deliver scientifically-based academic instruction and behavioral interventions, including scientifically-based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and,
* Providing educational and behavioral evaluations, services, and supports, including scientifically-based literacy instruction.
LEAs that seek to reduce their local maintenance of effort in accordance with 34 CFR300.205(d) and use some of their Part B funds for early intervening services under 34 CFR 3000.226 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 decision 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.
The Department of Elementary and Secondary Education has provided a guidance document for Early Intervening Services that further describes how funds may be spent for EIS, how LEAs are required to report EIS, and the monitoring process for LEAs that report EIS. To view the document, go to: http://dese.mo.gov/divspeced/Compliance/ click on "Early Intervening Services (EIS)" on the right side of the page.