Special Report
Special Education

Restrictions on Spec. Ed. Spending Prompt Complaints

By Christina A. Samuels — May 18, 2009 | Corrected: February 22, 2019 3 min read
  • Save to favorites
  • Print

Corrected: An earlier version of this story contained inaccurate information about April guidance from the U.S. Department of Education on whether school districts can reduce their “maintenance of effort” in spending.

The complex rules that govern how federal dollars must be spent on special education services are getting a new, critical look as stimulus money starts flowing to the states.

The Individuals with Disabilities Education Act says that when federal funding increases, school districts can shift a portion of their local special education money to other educational purposes. With more than $12 billion in IDEA aid coming from the federal government under the American Recovery and Reinvestment Act over two years, districts were expecting a lot of relief.

But the U.S. Department of Education has told the states some districts don’t have that flexibility after all. In the terminology used in the federal law, those districts are not providing a “free, appropriate public education.”

How many districts might be affected by that “guidance modification”, released April 13 by the Education Department, is unknown. The department ranks each state’s special education performance based on a series of indicators, and states, in turn, rank their districts based on the same indicators.

States are required to make determinations annually about the special education performance of each of their school districts. If a state determines that a district is not meeting targets in the state’s performance plan, the state must prohibit that district from reducing its “maintenance of effort” in spending, acording to the Education Department.

Too Restrictive?

Mary Kusler, the assistant director of government relations for the American Association of School Administrators, based in Arlington, Va., said the federal guidance is too restrictive.

“If every district has to spend 100 percent of its federal dollars, it makes it difficult to spend this money,” she said. Districts have been warned not to spend money on projects that may have ongoing costs because the stimulus dollars will dry up in two years.

“You can’t tell us that this was [Congress’] intent,” said Ms. Kusler, who along with other education lobbyists argued against the guidance in a meeting with federal officials. “These districts want to reclaim their local dollars. They should be allowed to do so.”

Candace Cortiella, a parent advocate with the Advocacy Institute in Marshall, Va., has created a Web site, ideamoneywatch.com, to gather information about district rankings and to make sure that districts are using their IDEA money under the stimulus as the federal government has required.

Though states are required to post indicator data from districts, they are not required to post whether a district “meets requirements,” “needs assistance,” “needs intervention,” or, in the lowest rating, “needs substantial intervention.”

“I’m certainly in favor of there being some degree of accountability before you can just take away the money,” Ms. Cortiella said.

Federal special education law also requires that school districts spend a certain percentage of federal money to provide services for students at private schools located within district boundaries.

But with so much new money coming on top of this fiscal year’s $11.1 billion for special education, it doesn’t make sense to divert the same percentage to private schools when the private schools’ needs haven’t changed, argued Kevin D. Magin, the associate superintendent for special programs for the Wayne Regional Educational Service Agency, which provides services and support to 34 school districts in Wayne County, Mich.

Relatively few private school students receive special education services, and most of them need speech therapy, a relatively inexpensive program, Mr. Magin said.

The state can’t use the extra money to buy textbooks or hire teachers for private schools, he said. And increasing the number of children served means that the state would continue to be responsible for them after the stimulus money ended.

“This is way more money than is really necessary,” Mr. Magin said of the private school share.

Georgene Wojciechowski, the associate superintendent for the 36,200-student Archdiocese of Detroit schools, deals with 56 local districts that have a Roman Catholic school within their borders. The stimulus money will help those districts “enhance what services are received,” she said, “and will help find more students faster than what had been happening.”

About 176 students received special education services in archdiocesan schools in 2007-08, she said.

“Those districts that are tighter with their budgets, this will give them more confidence” to provide services, she said.

A version of this article appeared in the May 20, 2009 edition of Education Week as Restrictions on Spec. Ed. Spending Prompt Complaints

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Leadership in Education: Building Collaborative Teams and Driving Innovation
Learn strategies to build strong teams, foster innovation, & drive student success.
Content provided by Follett Learning
School & District Management K-12 Essentials Forum Principals, Lead Stronger in the New School Year
Join this free virtual event for a deep dive on the skills and motivation you need to put your best foot forward in the new year.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Privacy & Security Webinar
Navigating Modern Data Protection & Privacy in Education
Explore the modern landscape of data loss prevention in education and learn actionable strategies to protect sensitive data.
Content provided by  Symantec & Carahsoft

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Whitepaper
Inside IEP: Actionable Insights and Innovations for Student Support
Our research looks at recent challenges reported by superintendents, teachers, and parents and explores innovative opportunities, includi...
Content provided by Huddle Up
Special Education Can AI Help With Special Ed.? There's Promise—and Reason to Be Cautious
Some special education professionals are experimenting with the technology.
3 min read
Photo collage of woman using tablet computer and AI icon.
iStock / Getty Images Plus
Special Education Many Students Can Get Special Ed. Until Age 22. What Districts Should Do
School districts' responsibilities under federal special education law aren't always clear-cut.
4 min read
Instructor working with adult special needs student.
iStock
Special Education How a Mindset Shift Can Help Solve Special Education Misidentification
Many educators face the problem of misidentification of special education students. Here are strategies educators are using to fix it.
3 min read
Timothy Allison, a collaborative special education teacher in Birmingham, Ala., works with a student at Sun Valley Elementary School on Sept. 8, 2022.
Timothy Allison, a collaborative special education teacher in Birmingham, Ala., works with a student at Sun Valley Elementary School on Sept. 8, 2022.
Jay Reeves/AP