§ 300.226 Early intervening services.

Plain English summary

This section allows LEAs to use up to 15% of their Part B IDEA funds to develop and implement coordinated early intervening services for general education students in kindergarten through grade 12 who do not currently qualify for special education but need additional academic or behavioral support. LEAs that implement these services must annually report to their SEA on the number of children served and those who subsequently receive special education. These services may not limit FAPE rights, delay disability evaluations, or supplant ESEA funds.

Key requirements

• An LEA may not use more than 15 percent of the amount the LEA receives under Part B of the Act for any fiscal year, less any amount reduced by the LEA pursuant to § 300.205, if any, in combination with other amounts, to develop and implement coordinated, early intervening services.
• Early intervening services are for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade three) who are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment.
• Activities may include professional development for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy instruction.
• Activities may include providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.
• Nothing in this section shall be construed to either limit or create a right to FAPE under Part B of the Act or to delay appropriate evaluation of a child suspected of having a disability.
• Each LEA that develops and maintains coordinated, early intervening services under this section must annually report to the SEA on the number of children served who received early intervening services.
• Each LEA must annually report the number of children served under this section who received early intervening services and subsequently receive special education and related services under Part B of the Act during the preceding two year period.
• Funds made available to carry out this section may be used to carry out coordinated, early intervening services aligned with activities funded by, and carried out under the ESEA if those funds are used to supplement, and not supplant, funds made available under the ESEA.

Affected parties

• Local Educational Agencies (LEAs)
• State Educational Agencies (SEAs)
• General education students in kindergarten through grade 12
• Students in kindergarten through grade three (particular emphasis)
• Teachers and other school staff
• Students not currently identified as needing special education or related services

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.226