NC 1502-20 Early Intervening Services

Plain English summary

LEAs may allocate up to 15% of their Part B IDEA funds to develop and implement early intervening services for general education students in kindergarten through grade 12 who have not been identified for special education but need additional academic or behavioral support. Allowable activities include professional development for staff and provision of educational and behavioral evaluations and supports. LEAs utilizing these funds must report annually to the SEA on the number of children served and how many subsequently entered special education.

Key requirements

• An LEA may not use more than 15 percent of the amount received under Part B of the IDEA for any fiscal year, less any amount reduced by the agency pursuant to NC 1502-6, 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 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.
• Nothing in this section shall be construed to either limit or create a right to FAPE under Part B of the IDEA 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 that develops and maintains coordinated, early intervening services under this section must annually report to the SEA on the number of children served who subsequently receive special education and related services under Part B of the IDEA 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 Education Agencies (LEAs)
• State Education Agency (SEA)
• General education students in kindergarten through grade 12
• Students in kindergarten through grade three (emphasized)
• Teachers and other school staff
• Students not identified as needing special education or related services

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=57