§ 300.711 Early intervening services.

Plain English summary

This section permits the Secretary of the Interior to allow Bureau of Indian Education schools to use up to 15% of their allocated funds for early intervening services for general education students in kindergarten through grade 12 who do not yet qualify for special education but need additional academic or behavioral support. Schools implementing these services must report annually to the Secretary of the Interior. The provision mirrors requirements under section 613(f) of the Act and § 300.226.

Key requirements

• The Secretary of the Interior may allow each elementary school and secondary school for Indian children operated or funded by the Secretary of the Interior to use not more than 15 percent of the amount the school receives under § 300.707(b) for any fiscal year to develop and implement coordinated, early intervening services.
• Early intervening services may include interagency financing structures for children in kindergarten through grade 12 who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment.
• There is a particular emphasis on children in kindergarten through grade three.
• Each elementary school and secondary school for Indian children operated or funded by the Secretary of the Interior that develops and maintains coordinated early intervening services must annually report to the Secretary of the Interior in accordance with section 613(f) of the Act.
• Services must be developed and maintained in accordance with section 613(f) of the Act and § 300.226.

Affected parties

• Secretary of the Interior
• Elementary schools for Indian children operated or funded by the Secretary of the Interior
• Secondary schools for Indian children operated or funded by the Secretary of the Interior
• Students in kindergarten through grade 12 not identified as needing special education or related services
• Students in kindergarten through grade three (emphasized subgroup)

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.711