Five-Year Online Strategic Plan
Special Education Component
Requirements and Instructions for
Completing the FY-09 A pplication for
Special Education Funds
West V irginia Department of Education
Office of Special Programs, Extended and Early Learning
West Virginia Department of Education
May 2008
1
TABLE OF CONTENTS
Accessing the Plan ……………………………………………………..……………….1
Plan Committee………………………………………………………………...………..3
Data Analysis……………………………………………………...…………………….3
Goals, Objectives, Actions…………………………………………………..…………..4
Professional Development Plan ……………………………………………….……..…6
Actions Steps and Subtasks/Sequences…………………………….………….……..…7
Special Education Compliances……………………………..……………………….…14
Special Education Budget………………………………………………………………20
Compliance Checkpoint…………………………………………………………………22
APPENDIX A – Maintenance of Special Education Administrator…………………...23
APPENDIX B – Indirect Costs…………………………………………………………24
APPENDIX C – Calculation of Equitable Services for Parentally Placed Students in Private Schools
…………………………….25
APPENDIX D – Excess Costs and Maintenance of Effort……………………………..26
APPENDIX E – Special Education Budget Spreadsheet………………………………..27
APPENDIX F – Assurances……………………………………………………………..29
West Virginia Department of Education
May 2008
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FY-09 Directions for the Special Education Component
of the Five-Year County Online Strategic Plan
(Directions, review checklist and Excel Budget Sheet may be found on the plan site under the
Compliances Special Ed menu.)
The Five-Year Online Strategic Plan, revised for 2008-2009, serves two major purposes. Its primary purpose is to
facilitate a comprehensive strategic plan for the district focused on major goals for school improvement and
academic achievement identified through data analysis. As its second important purpose, it serves as the annual
plan and funding application for federal and state special education funding and for federal programs, including
Titles I, II and III and technology. The online tool supports a less cumbersome, more flexible and streamlined
plan, which emphasizes strategic rather than operational goals and actions
County school districts apply for state and federal allocations for the education of students with exceptionalities
through the Five-Year Online Strategic Plan, special education component. FY-09 funding includes federal IDEA
entitlement and state aid funds for the 2008-2009 school year and extended school year services for summer 2009.
The special education component of the plan is submitted electronically on or before July 1, 2008.
ACCESSING THE PLAN
To access your new county five-year online strategic plan:
 Go to: http://wveis.k12.wv.us/wvfiveyearonlinestrategicplan/
 Enter your assigned WVEIS identification
Enter your WVEIS password
Your information from last year has migrated to the new plan. However, if you need to access your old strategic
plan:
 Go to Department, then Office and Programs
 Locate “U-to W”; click on WVEIS
 Click on WVEIS Web (top right of page)
 Move cursor to heading, County, then to 5-Year Strategic Plan; and click on 2008-2009
BASIC NAVIGATION
In the column down the left of the first screen, you will see a navigation pane with options matching the various
components of the plan. USE THE NAVIGATION PANE TO MOVE FROM ONE SCREEN TO ANOTHER.
DO NOT USE THE BACK BUTTON OR YOU MAY EXIT THE PLAN. If you make this error, in some cases,
the forward button may take you back to the screen; if not, access
the plan site again, http://wveis.k12.wv.us/wvfiveyearonlinestrategicplan/. You will still be logged in and may
continue your work without logging in again.
If you wish to hide the navigation pane, click on the double arrows at the top of the pane. Click the arrows again to
reveal the panel.
Login and Overwriting
When you or anyone in your county is logged in to the plan, the user’s e-mail address will appear across the top of
the screen in red. Please be aware if two users are logged in and making changes in the same section, they may
overwrite each other.
If more than one user is logged into the plan at the same time and working in the same section, it is possible for one
to overwrite the work of the other. This was possible under the old plan as well, but may be more apparent under
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May 2008
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the new system. Communication with others accessing the plan is essential. You may overwrite or cause another
person’s information not to be saved. This plan is an integrated plan, so special education is in the same section of
goals, objectives and actions (although you may have it under a separate goal) as all other goals in your plan.
Logout
When you exit the plan, please LOGOUT. If you do not, you will remain logged in for up to eight hours. Others
in your county will need to know you have logged out, and they may work in the plan without interference. To
logout, click Utilities in the navigation pane, if it is not already open. Under Utilities, click Logout.
Content Boxes
Information is added and edited in content boxes. A Goal, Action Step or table may be visible on the Goal screen
(e.g., the professional development plan) or on the Budget screen, but information cannot be entered unless the
button is clicked to open the content box. When the box opens, it can be maximized by clicking the small blue
screen icon at the right hand end of the tool bar. This facilitates entering information using the editing features
displayed in the toolbar. Once the information is typed into the box, click the blue icon again to minimize the box.
This reveals the Update button. Click the Update button to save your work and close the box. SAVE OFTEN
BY CLICKIING UPDATE TO AVOID LOSING YOUR INFORMATION.
Cutting and Pasting
It is possible to cut and paste from a Word document into a content box within the plan. However, because the
online plan is not a Word application, it may not recognize Word formatting. When you cut and paste, a dialog
box will appear to inform you the information is being cleaned. Follow the instructions in the dialog box, and the
cut and paste should complete. However, you may need to reformat.
When you click on the main headers in the navigation pane, additional options appear.
Five Year
Profile
Plan Committee
Plan Committee Edit
Core Beliefs and Mission
OEPA Checklist
Data Analysis
Goals/Objectives/Actions
Sort Goals
Sort Actions
Compliances
Compliances Technology
Budgets
Submission
Printing
Utilities
Resources
Resources-Local
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May 2008
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2007-2008 PLAN HAS MIGRATED FROM THE PREVSIOUS SITE
Because this is a Five-Year Plan, the Goals, Action Steps and Substasks from the 2007-2008 plan have been moved
into the new plan. The plan also remains available at the old plan site. If you wish to use and update the Action
Steps and Subtasks that have been pulled in from last year’s plan, you will need to locate them within the system
and UPDATE them using the processes described below. If you do not want last year’s Actions Steps or Subtasks
to remain in the plan for this year, you will need to DELETE them using the processes described below.
The Data Analysis section has not been imported from the previous plan, because new data and a new District SelfAssessment have been completed since last year, a new data analysis will be needed. If your county team has not
yet completed the data analysis for the Five-Year plan, you will need to enter the specific data analysis needed for
Special Education to be included in the Special Education Component for the July 1 submission.
Locating Action Steps and Subtasks Already in the Plan
All Action Steps must be attached to a Goal to show up in this plan. If you did not attach your Action Steps to a
Goal, when you go to the Goals/Objectives/Actions first screen, you will see a list of your County’s plan goals.
Also on this screen may appear a statement in red ACTION STEPS NOT ATTACHED TO A GOAL. If you click
on the Goals/Objectives/Actions button above this statement, the unattached Action Steps will display. To copy
the selected Action Step to a Goal, click the Copy Goal button. This will take you back to the Goal list, and now
you will see another Copy to Goal button next to each Goal. Click the Copy button next to the Goal to which you
wish to copy the Action Step. It is not necessary to delete the Action Steps from the Action Steps Not Attached to
a Goal list. However, if you use this feature to move an Action Step to another Goal, you may need to Delete. It
also may be possible to copy and Paste the Action Step and the Subtasks from one Goal to another, however, the
Step and Subtasks are copied into separate content boxes.
Sorting
Goals may be sorted using the Sort Goals menu item in the navigation pane. The list will be sorted on the first 100
characters in the goal. Therefore, it is useful to begin you goals in a manner that will allow it to be sorted in a way
useful to the county. Actions may be sorted in a similar manner within goals using the Sort Actions menu
selection, but not across goals within the plan.
Printing and Submission
When the Special Education Component is printed and/or submitted, the Five-Year Plan components will be
printed, including each Goal, Professional Development Plan section (even if they do not include special
education) and the Action Steps identified by checking the Special Education box under the step.
PLAN COMMITTEE
Ensure the Special Education Administrator is entered as a committee member (click on Modify, enter requested
information, check the Special Education box and press Update.)
DATA ANALYSIS
The Data Analysis screen provides links to various Web-based data sources, including the Special Education SelfAssessment site. The collection and analysis of internal and external data are a prerequisite for determining Goals,
Action Steps and Subtasks/Sequences. For special education funding purposes, data analysis must include at a
minimum, needs identified through the District Self-Assessment, including student achievement data, and any
West Virginia Department of Education
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other applicable monitoring findings. Identify the sections applicable to the special education plan to facilitate
connecting this information to the Action Steps.
Enter Data Analysis information by clicking the Data Analysis button on this screen, which opens a content box.
Type in (or cut and paste in) the data analysis for special education. County and/or special education specific data
analysis should support goals, objectives, actions and subtasks for which special education funds are requested.
GOALS, OBJECTIVES, ACTIONS
Based upon the district’s data analysis, the identified needs to be addressed through special education funding may
be categorized into the following seven areas:








Professional Development
Personnel
Services
Materials, Supplies, Equipment
Early Intervening Services
Services to Students Parentally Placed in Private Schools
Facilities
Other
Action Steps and Subtasks/Sequences must support the use of IDEA, Part B school age (ages 3-21) and IDEA
preschool (ages 3-5) funds only for the education of students with disabilities and state aid funds only for students
with exceptionalities (including disabilities, gifted and exceptional gifted) with some exceptions, which will be
subsequently addressed. IDEA, Part B funds shall be used in accordance with IDEA 2004:



only to pay for the excess costs of providing special education and related services to students with
disabilities;
to supplement State, local and other federal funds and not to supplant such funds; and
shall not be used to reduce the level of expenditures for the education of students with disabilities
made by the district from local funds below the level of those expenditures for the preceding fiscal
year with exceptions as specified in §300.204.
IDEA 2004 also identifies other limited appropriate uses of Part B entitlement funds:
 for the costs of special education and related services and supplementary aids and services provided in a
general education class or other education-related setting to a student with a disability in accordance
with the student’s IEP even if one or more nondisabled students benefit from such services;
 for early intervening services in accordance with IDEA §613(f) and §300.226;
 to establish and implement cost or risk sharing funds, consortia or cooperatives for the district or for
other districts working in a consortium of which the district is a part to pay for high cost special
education and related services.
 to purchase appropriate technology for record keeping, data collection and related case management
activities of teachers and related services personnel providing services in the IEPs of students with
disabilities that is needed for the implementation of case management activities.
 to carry out a schoolwide program under section 1114 of the Elementary and Secondary Education Act
of 1965, except that the amount used by the district for such programs shall not exceed the number of
students with disabilities participating in the schoolwide program multiplied by the amount received by
the district under Part B for the fiscal year divided by the number of students with disabilities in the
jurisdiction of the district.
West Virginia Department of Education
May 2008
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GOALS
ALL ACTIONS MUST be attached to a goal or they will be lost. DO NOT CLICK THE DELETE THIS GOAL
BUTTON unless you are certain you want to delete the goal. This will delete the goal and all objectives and
actions attached to it.
Two options are available for generating goals.
Option 1: Write a new goal or select an existing goal.

Click Goals/Objectives/Actions in the navigation pane to reveal all goals
in the plan.

Select and existing goal and click Modify to continue OR
Option 2: Type a new goal in the box labeled Goal.
Example:
All special education students will receive free, appropriate public education to increase
achievement and performance and to support transition to desired post school outcomes.


Click the Add a Goal button.
Click Modify to continue.
When you enter a goal and display the Goal list, check boxes labeled Strategic and Compliance appear to the right
of the Goal. One or both may be selected. If boxes are checked, when the Sort Goals function is used, Strategic
and Compliance with sort separately.
Objectives (Optional for the Special Education Component)
To work with Objectives, click the Modify button above the selected Goal. This opens a screen as follows. Click
the Objectives button to open the content box and enter objectives. Click Update when finished to save your input.
Sample Goal Screen:
Goal
Special Education: Provide free, appropriate education to students with exceptionalities to increase
achievement and performance.
99


Objectives
999
6393
oneplan_goal
objectives
999
6393
oneplan_goal
professionaldeve Professional Development Plan
1.1 To ...
1.2 To ..
99
Mode
Date Topic Audience
(Coaching, Learning Community, or Trainer Led)
99
999
6393
West Virginia Department of Education
May 2008
Delete Goal
5
99
999
6393
oneplan_actions
Add an Action
Action to Add:_________________________________________________
99
999
99
999
99
999
6393
oneplan_actions
6393
oneplan_actions
6393
oneplan_actions
Add Title I Compliances
Add Title III Compliances
99
999
6393
oneplan_actions
Add Technology Compliances
Add Spec Ed Compliances
99
999
31219
6393
Special Education 01-Personnel:
Employ personnel needed to provide free, appropriate public education to students with
exceptionalities.
One task per type of position.
For each position, list number employed, type, exceptionality.
oneplan_actions
strategy
Modify Action
99
999
31219
6393
oneplan_actions
subtasks
Subtasks/Sequences
99
999
6393
31219
oneplan_actions
Implementation (optional)
West Virginia Department of Education
May 2008
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99
999
subtasks
RLIS
31219
Title I
Special Ed
Title II
6393
Title III
oneplan_actions
Title IV
Title V
Technology
Professional Development
Core Plan
Mark Compliances
99
999
Copy to a Goal
31219
99
999
31219
6393
oneplan_actions
Delete this Action
PROFESSIONAL DEVELOPMENT PLAN
Targeted, sustained professional development is essential for program improvement and ultimately for improving
results for students. Therefore, within the Five-Year Online Strategic Plan professional development activities for
each goal are entered in the specific Professional Development Plan section to facilitate combining them into a
county plan, rather than entering them as subtasks under the Action Steps.
To enter professional development activities, click on the Professional Development (PD) Plan button under the
selected Goal. This opens the content box with the PD Plan table. Click on the blue screen icon in the toolbar to
maximize the size of the table. Reformat as necessary. Type in the requested information for your professional
development activity by clicking (not tabbing) in each cell.




Date – if specific date is unknown, provide estimated month and year.
Topic – enter the topic and purpose of your PD. Both topic and purpose should address a need or concern
stated in your Data Analysis. If the PD is part of Early Intervening Services note that it is EIS.
Audience – include who and the number to receive PD.
Mode – coaching, learning community, trainer led or describe other method
Additional rows and columns may be added by right clicking. Explanations may be added as needed in the space
below the table. Minimize by clicking the blue screen icon. Click the Update button to save your work. Exit by
selecting another item from the navigation pane.
Mode
Date
Topic
West Virginia Department of Education
May 2008
Audience
(Coaching, Learning
Community, or Trainer
Led)
7
October 2008
November 08 February 09
Power of Two Coteaching to improve
collaboration team skills
Twelve Middle/HS
gen/sp ed coteaching teams
25 K-6 teachers in
Understanding by Design ABC and DEF
Elem. Schools
trainer led
Learning community
(book study in each
school)
Budget information will be entered in the Special Education Budget spreadsheet under Professional
Development or Early Intervening Services, as applicable. In the budget sheet, indicate under Use of Funds the
PD being addressed (e.g., Power of 2; and how funds will be spent (e.g., presenter, teacher stipends).
In the following section, Action Steps are provided for Professional Development and Early Intervening
Services. If all required information is in the PD Plan section, no additional information is needed under the
Action 04/Professional Development. (If so it may be deleted). Since EIS are part of a coordinated set of
activities, provide a narrative in that section outlining the coordination of PD and other activities. (See Action
Steps and Subtasks/Sequences below for further instructions.)
ACTION STEPS and Subtasks/Sequences
Both Action Steps and Subtasks/Sequences justify the use of special education funds. Based upon the district’s
data analysis of needs in the aforementioned eight categories, needs are identified and are included as either 1)
broad Action Steps with Subtasks that provide specific, required information, OR 2) Action Steps that include
all specific, required information. Broad action steps for the above major categories are provided for your
convenience. When subtasks are added, these are sufficient to meet plan requirements. They may be modified or
other action steps may be used at county discretion, providing they include the required information for plan
approval.
Entering Action Steps and Subtasks/Sequences
Click on Goals/Objectives/Actions in the navigation pane to display this screen. Locate the Goal to which you
wish to add actions. Click the Modify button above the Goal.
You have two options for adding Action Steps.
Option 1: Type the step into the box and click on Add an Action Step.
o Then click on Subtasks/Sequences to open the content box and add the Subtasks.
o Click the Update button to exit the content box and save your work.
o Click the Special Ed box in the list under the Action Step to check that box, and then click the Mark
Compliances box.
Option 2: Generate pre-written Special Education Action Steps
 Click on the Add Special Education Actions button. DO THIS ONLY ONE TIME. CLICKING
MULTIPLE TIMES WILL GENERATE MULTIPLE COPIES OF THE STEPS.

The template with all eight action steps will be generated. These steps are:
o Special Education 01- Personnel
o Special Education 02- Services
o Special Education 03- Materials, Supplies, Equipment
o Special Education 04–Professional Development
o Special Education 05-Early Intervening Services
o Special Education 06 - Services for Students with Disabilities Parentally Placed in
Private Schools
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o
o
Special Education 07 - Special Education- Facilities
Special Education 08- Other
PLACING SPECIAL EDUCATION AS THE FIRST WORDS IN THE STEP WILL FACILITATE
ALPHABETICAL SORTING OF ACTIONS.




The Action Step may be modified, if necessary.
Click on the Subtasks/Sequences button next to the Action Step to open the content box to add subtasks to
the step. Click the numbering box in the toolbar to number subtasks. This will facilitate referencing them
in the budget.
Click the Update button to exit and save your work.
The Special Ed box in the list under the Action Step has automatically been checked. Check others, if
applicable.
If you have existing Action Steps in the plan that have not been attached to a Goal, they will be lost within the plan
To attach existing Action Step(s) to an existing goal in the Five-Year Plan:



Locate the Action Steps and Subtasks/Sequences.
Update as described above. When complete, click the Copy to Goal button, which will bring up a
list of existing goals in the Five Year Strategic Plan.
Select a goal and click the Copy to this Goal button. This copies the action to this goal.
IF YOU GENERATE THE EIGHT PREWRITTEN STEPS AND DO NOT WISH TO USE ONE OR ALL OF
THEM, DELETE EACH ONE INDIVIDUALLY BY CLICKING THE DELETE THIS ACTION BUTTON.
Content of Action Step Sections
Whether customized action steps are written or the prewritten steps are used, specific information to justify
expenditures that will appear in the Special Education Budget are required for plan approval. Specifics needed for
each of the eight areas are described below. In the previous plan a specific section required entry of the purpose of
the Action Step. Because this feature has been eliminated, the purpose of actions will be incorporated either into
the Action Step or the sequences/subtasks. Although free appropriate public education is a general purpose of most
special education activities, and may in some cases be sufficient (e.g. for ongoing maintenance of existing
personnel, routine supplies or routinely contracted services) a more specific purpose reflecting data analysis/needs
assessment is needed for items such as new positions, professional development and early intervening services.
Number subtasks by clicking the numbering box in the content box toolbar to facilitate connecting to the budget
page.
PERSONNEL
Personnel Subtasks/Sequences must specify the following information for each position for which special
education funds are to be expended






Number of positions, if more than one (e.g., 2 BD teachers)
Indicate whether position is continuing or new (continue to employ…; employ a new…)
Area of exceptionality to be served, if a teaching position (e.g., LD/BD/MI)
Type of position (teacher, aide, autism mentor )
F.T.E. for each position (e.g., 1.0)
Specify age group if needed for clarity (e.g. age 3-5 if preschool funds are used)
Example
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Special Education 01-Personnel:
Employ personnel needed to provide free, appropriate public education to students with exceptionalities.
Subtasks:
1. Continue to employ and provide fixed costs for four autism mentors at 1.0 F.T.E
2. Continue to employ and provide fixed costs for six multicategorical teachers at 1.0 F.T.E.
3. Employ and provide fixed costs for three new classroom aides for preschool at 1.0 FTE to serve
increased number of identified students.
Note: Please refer to Attachment A if a special education administrator position is maintained on federal funds.
SERVICES - Action Step
Contracted Services needed to provide special education and/or related services to students with exceptionalities,
ages 3 through 21, may include but are not limited to the following:
Assessment
Instructional Program
Physical Education
Vocational Education
Program Evaluation
Transition Services
Recreation Services
Assistive Technology Services
Parent Counseling/Training
Rehabilitative Counseling
Diagnostic Medical Services
Psychological Services
School Social Work Services
Occupational Therapy
Physical Therapy
Speech/Language Therapy
Audiological Services
Transportation Services
School Health Services
Counseling Services
Orientation and Mobility Services
Nursing Services
Example
Special Education 02-Contracted Services:
Obtain services needed to provide free appropriate public education to students with exceptionalities.
1. Provide interpreting services to implement IEPs.
2. Provide the services of a school psychologist to conduct evaluations for eligibility.
3. Provide ESY services to implement IEPs.
OR
2) Services- Action Step (with specific information)
Obtain the services required to ensure the provision of a free appropriate public education specifically,
interpreting, ESY services to implement IEPs for eligible students with disabilities and school
psychological services to conduct evaluations for eligibility for special education.
MATERIALS, SUPPLIES AND EQUIPMENT-Action Steps with Subtasks or Action Steps with Specific
Information
Action Steps and Tasks will include the materials, supplies and equipment needed to provide special education
and related services to students with exceptionalities, ages 3 through 21. The term “equipment” includes: 1)
machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them and 2) all
other items necessary for the functioning of a particular facility for the provision of educational services, including
items such as instructional equipment and necessary furniture; printed, published, and audiovisual instructional
materials; telecommunications; sensory and other technological aids and devices; and books, periodicals,
documents, and other related materials. All assistive technology devices including computers and software
West Virginia Department of Education
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10
should be compatible with the district’s technology system and purchased through state contracts, if
available.
Example
Special Education 03-Materials, Supplies and Equipment:
Purchase materials, supplies, and equipment to support free appropriate public education for students with
exceptionalities.
Subtasks
1. Purchase evaluation instruments and related items required to identify students with disabilities.
2. Purchase classroom materials and supplies for special education classrooms.
3. Purchase computer equipment for special education classrooms.
OR
2) Materials, Supplies, Equipment Action Step (with specific information)
Purchase materials, supplies and equipment to ensure the provision of a free, appropriate public
education for eligible students with disabilities and exceptionalities as appropriate, specifically,
evaluation instruments and related items required to identify students with disabilities,
classroom materials and supplies and computer equipment for special education classrooms.
The budget information for the Materials, Supplies, Equipment Action Step is entered in the Special Education
Budget spreadsheet.
NOTE: If the county school district plans to use any IDEA, Part B funds for materials, supplies and/or equipment
in the Action Steps or Subtasks that has a useful life of more than one year and an acquisition cost of $5,000 or
more per unit, the Itemization of Equipment worksheet must be completed in the Compliances Special Education
section.
PROFESSIONAL DEVELOPMENT PLAN OR ACTIONS STEPS
Professional Development may include activities for professional personnel, service personnel, parents and others.
These professional development activities must be designed to address the needs and performance of associated
with the plan goals and objectives. Two options for entering professional development activities are offered. It is
anticipated most, if not all, PD activities will be entered in the specific Professional Development Plan table
under the Goal and Objectives. This allows the district to print all goals and PD activities together, and
facilitates collaboration in PD across programs.
If the district chooses, the PD activities may be entered as Subtasks/Sequences under an Action Step rather than in
the PD Plan table. If this option is used, the pre-written Action Step or another Action Step may be used. Each
Action Step Task for Professional Development must specify the same information as the PD table. (See Page
6.)
Example
Special Education 04-Professional Development:
Provide professional development to improve achievement of students with exceptionalities.
Subtasks
1. Ten school teams of general and special educators will be supported to attend to participate
in trainer led and mentor supported training in positive behavior support to support need to
continue implementation of schoolwide PBS program to reduce suspensions.
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May 2008
11
2. Provide trainer-led LETTRS training for 6 speech/language pathologists and special
education teachers to improve phonemic awareness of special education students.
The cost and how funds will be spent (e.g., stipends, travel, substitutes) for the Professional Development Action
Step is entered in the Special Education Budget Spreadsheet with amount and description.
If this Action Step is not needed, delete it by clicking Delete This Action.
EARLY INTERVENING SERVICES (EIS)
The IDEA 2004 regulations §300.646 require that, in the case of a determination of significant disproportionality
by race or ethnicity in the identification of students as students with disabilities, the placement in particular
educational settings of such students, or the incidence, duration and type of disciplinary actions, including
suspensions and expulsions, the State must require the district to reserve fifteen percent (15%) of its federal Part B
school age entitlement funds for comprehensive, coordinated early intervening services to serve general education
students in the district, particularly, but not exclusively, students in those racial or ethnic groups that are vulnerable
to being significantly overidentified.
Districts also may elect to use up to 15 % of their IDEA, Part B funds for coordinated early intervening
services. A district may not allocate more than 15% of its school age entitlement funding for the coordinated
development and implementation of EIS.
Early intervening services are coordinated services designed to assist general education students not yet identified
for special education and related services, but who require additional academic and behavioral support to succeed
in the general education environment, grades K-12 (with an emphasis on students grades K-3, not preschool). The
purposes of early intervening services are:



to prevent inappropriate labeling of children as disabled;
to reduce the severity of a potential disability; and/or
the early identification of students with significant learning challenges.
Funds used to implement coordinated, early intervening services may be aligned with activities funded and carried
out under the Elementary and Secondary Education Act (ESEA) of 1975, if such funds are used to supplement and,
and not supplant the ESEA funds for the activities and services provided under this subsection.
If a district allocates entitlement funds to early intervening services, the amount available for adjustment to
local fiscal effort must be reduced by the amount used for EIS.
Coordinated, Early Intervening Services include:

offering professional development (which may be provided by entities other than the districts) for
teachers and other school staff to enable them to deliver scientifically-based academic instruction and
behavioral interventions, including scientifically-based literacy instruction, and when appropriate,
instruction on the use of adaptive and instructional software, and providing educational and behavioral
evaluations, services, and supports, including scientifically-based literacy instruction.
Districts may choose to:

initiate a coordinated early intervening services program, which consists of a variety of newly
developed activities to address the academic and/or behavioral needs of students without disabilities;
and/or
West Virginia Department of Education
May 2008
12

expand the implementation of current efforts to meet the academic and/or behavioral needs of
nondisabled students as described in the County/School Strategic Plan(s).
The Action Steps and/or Subtasks for early intervening services must also include:




The name or description of program.
The name(s) of the school(s) where the EI services will be implemented.
The projected grade level(s) of the students to be served through the early intervening services
(e.g., K-3). Early intervening services are to target nondisabled students in grades kindergarten
through grade 12 (not preschool).
The projected number of nondisabled students to be served through the early intervening
services.
For Early Intervening Services, Action Steps may be written as: 1) broad Action Step with Subtasks, or 2)
Action Steps with specific information
Example
Special Education 05 - Early Intervening Services:
Provide coordinated early intervening services to students not yet identified as students with disabilities.
Subtasks:
o Support five school teams (ABC, DEF, GHY, JKL and MNO elementary schools (K-4; 1500
students) to participate in training for schoolwide Positive Behavior Supports (PBS) to
continue program to reduce the number of suspensions and number of students identified for
special education, particularly among African American students.
o Pay stipends to mentor coaches from outside the district for the participating schools.
o Support one school representative to attend and present at national PBS conference.
OR
Action Step (with specific information)
4.
To provide coordinated early intervening services, specifically School-wide PBS, at Capitol
Elementary for 300 general education students in grades K-4. School team will attend continued
training for PBS; mentor coach from another district will assist school staff, one school representative
will attend and present at a national PBS conference
The budget information for the EIS Action Step is entered in the Special Education Budget spreadsheet.
SERVICES FOR STUDENTS WITH DISABILITIES PARENTALLY PLACED IN PRIVATE SCHOOLS
IDEA, Part B regulations at §300.133 require districts with identified eligible students with disabilities parentally
placed in private schools located within the district to calculate a proportionate amount of funds and to spend
these funds on private school students. Calculate the proportionate amount by going to the navigation pane,
clicking Compliances Special Education and then clicking LEA-Private Schools. This worksheet will assist in
calculating the amount of IDEA, Part B and IDEA, Section 619 (preschool) funds that must be spent for students
with disabilities parentally placed in private schools. (See also Appendix C).
For Private School Services, Action Steps may be written as: 1) broad Action Steps with Subtasks, or 2) Action
Steps with specific information.
Example
Special Education 06-Services for Students with Disabilities Parentally Placed in Private Schools:
Based on a plan developed in consultation with representatives of students with disabilities parentally placed in
West Virginia Department of Education
May 2008
13
private schools, expend the required proportionate amount of IDEA funds to provide services to eligible private
school students.
Subtasks
1. Provide speech therapy services to students with disabilities in ABC private/parochial school.
2. Provide transportation to and from speech therapy services to students with disabilities in ABC
private/parochial school.
FACILITIES
Action Step and Subtasks for all construction and/or renovations of facilities for eligible students with disabilities
must include a general description of the proposed construction (e.g., two (2) additional classrooms or
modifications for accessibility). Districts that include an Action Step and Subtasks pertaining to Facilities must
complete the Construction and Remodeling worksheet found in the Compliances Special Education section under
LEA-Facilities.
For construction and/or renovations of facilities, Action Steps may be written as: 1) broad Action Steps with
Subtasks or 2) Action Steps with specific information.
Example
Special Education 07 -Facilities:
Complete construction or remodeling needed to provide free appropriate public education to students with
exceptionalities.
Subtasks:
1. Construct a wheelchair accessible classroom restroom.
2. Create additional instructional space (equivalent to the specifications of a regular
classroom) at ABC Elementary by expanding the dimensions of a current classroom.
OR
2) Facilities Action Step (with specific information)
5.
To provide for the construction and/or renovations of facilities that are required to ensure the free
appropriate public education for eligible students with disabilities, specifically construct a wheelchair
accessible classroom restroom and create additional instructional space (equivalent to the
specifications of a regular classroom) at ABC Elementary by expanding the dimensions of a current
classroom.
OTHER
Other Action Steps and Tasks are for other activities beyond the scope of the previously described
categories and must include a general description of the activity and how the funds will be spent. Other
Action Steps may be written as: 1) broad Action Steps with Subtasks or substeps, or 2) Action Steps with
specific information.
Example:
Special Education-Other:
Provide other activities to ensure provision of free appropriate public education for eligible students with
disabilities and exceptionalities.
Subtasks:
West Virginia Department of Education
May 2008
14
1. Conduct meetings for the district CIFMS steering committee in the annual review and
revision, if appropriate, of the District Self-Assessment (stipends and travel
reimbursement)
2. Ensure that IEPs are implemented in by providing substitute teachers for teachers who are
attending IEP team meetings
3. Provide FAPE for students by reimbursing parent for travel reimbursement in lieu of
transportation for students placed on OSE.
4. Provide indirect costs.
OR
2) Other Action Step (with specific information)
6.
To provide for other activities that are required to ensure the provision of a free appropriate public
education for eligible students with disabilities and exceptionalities, as appropriate, specifically,
conduct meetings for the district CIFMS steering committee in the annual review and revision, if
appropriate, of the LEA Self-Assessment (stipends and travel reimbursement) and ensure IEPs are
implemented by providing substitute teachers for teachers who are attending IEP team meetings.
The budget information for the Other Action Step is entered in the Special Education Budget spreadsheet.
*NOTE: Refer to Appendix B for directions on calculating indirect costs.
SPECIAL EDUCATION COMPLIANCES
Special Education Compliances include required and optional forms and information to be completed by each
county school district requesting IDEA Part B and state aid special education funds. Forms and calculations have
been updated to reflect the information needed for the FY09 plan. Otherwise, these sections remain the same as in
the 2006-2007 plan.
In navigation pane, click on Compliances Special Ed to display a list of compliance sections of the plan. These
sections provide: 1) the FY 09 allocations, 2) calculation spreadsheets for private school expenditures, excess cost,
maintenance of effort (MOE), early intervening services report and 3) sections to be completed if equipment over
$5000 or construction are part of the plan.
Compliances Special Ed
LEA-Allocations
LEA-Private Schools
LEA-Excess Costs
LEA-MOE
LEA-Early Intervening
LEA-Equipment
LEA-Construction
Requirements:

Allocations - required

Calculation of Required Expenditures for Students with Disabilities Who are Enrolled by Their
Parents in Private Schools (if any)

Excess Costs - required

Maintenance of Effort (MOE) - required
West Virginia Department of Education
May 2008
15



Early Intervening Services Report (if FY-07 funds were allocated for this purpose for the
2006-2007 school year)
Itemization of Equipment – if any
Construction and Remodeling – if any
ALLOCATIONS
Under this section SELECT THE ALLOCATIONS TO WHICH THIS APPLICATION APPLIES. Specifically,
the funds that may be applied for using this plan are as follows:
Funding Source
IDEA Part B, School Age
Entitlement
APPROPRIATE USE OF FUNDING SOURCES
Project Code
Ages /Grade Levels
43-X-1
3-21
Students
Students with Disabilities
(not gifted)
Except 15% or less for
Early Intervening Services
for unidentified students
IDEA Part B, Preschool
43-X-2
3-5
Students with disabilities
State Aid, Special
02-X-1
3-21
Students with
Education
Exceptionalities
(disabilities and gifted,
exceptional gifted)
Choose only those amounts for the fiscal year for which the district is making application. Click Update. Please
note that the majority of districts will only be applying for FY-09 funds. Allocations must match the amounts
displayed in the columns of Table 1 (federal school age entitlement and Early Intervening), Table 3 (federal
preschool entitlement) and Table 4 (state aid) and must be entered in the space(s) provided. For those districts that
allocate funding for early intervening services, the amount allocated cannot exceed the amount listed under the
column, Early Intervening, on Table 1.
For FY-09, check the district allocations against the March 19, 2008 OSP memorandum:




School Age - Table 1 (43-X-1X)
Early Intervening - Table 1 (43-X-1X1)
Preschool - Table 3 (43-X-2X)
State Aid -Table 4 (2-X-1X)
EXPENDITURES FOR STUDENTS WITH DISABILITIES WHO ARE PARENTALLY PLACED IN
PRIVATE (NONPUBLIC) SCHOOLS
Refer to the information provided below and complete the Private Schools Expenditures form by calculating the
minimum amount of entitlement funds to be allocated to provide special education and/or related services to
eligible students with disabilities who have been placed by their parents in private schools* within the district.
***34 CFR §300.133 requires districts to spend:
(1) for students aged 3-21, the same proportion of the local education agency’s total subgrant under section 611(f)
of the Act as the number of private school children with disabilities aged 3-21 who are enrolled by their parents in
private, including religious, elementary schools and secondary schools located in the school district served by the
LEA, is to the total number of students with disabilities in its jurisdiction aged 3-21, and (2) for students aged 3-5,
West Virginia Department of Education
May 2008
16
an amount that is the same proportion of the local education agency’s total subgrant under section 619(g) of the
Act as the number of private school students with disabilities aged 3-5 who are enrolled by their parents in a
private, including religious, elementary school located in the school district served by the LEA, is to the total
number of students with disabilities in its jurisdiction aged 3 through 5.
*Note: Students are considered to be parentally-placed private school students with disabilities enrolled by their
parents in private, including religious, elementary or secondary schools, if they are enrolled in a private school
that meets the definition of elementary school or secondary school as defined below:

Elementary School means a nonprofit institutional day or residential school that provides elementary
education as determined under State law.

Secondary school means a nonprofit institutional day or residential school that provides secondary
education as determined under State law, except that it does not include any education beyond grade
12.
The cost of transportation described in §300.139 may be included in calculating whether the public agency has met
the requirement of §300.133. Expenditures for child find activities described in §300.111, however, may not be
considered in determining whether the local education agency has met the requirement described above. Districts
are not prohibited from providing services to eligible private school students with disabilities in excess of those
required, consistent with State law or local policy. If the district chooses to provide services to eligible gifted
students in private schools, federal funds may not be used to serve these students. The district must calculate the
proportionate share of IDEA funds before earmarking any early intervening activities in §300.226. Appendix C
provides an example of the calculation for equitable services.
School Age (43-9-1) (for students aged 3-21):
(a) Total Number of eligible private school students 3-21
(b.) Number of all eligible students in the LEA 3-21
a.
X
(c) Federal
Entitlement
=
(d.) Amount to be spent on 3-21
Total number of eligible parentally-placed private school students with disabilities: The number of
eligible students with disabilities aged 3-21 enrolled in private schools by their parents and who are
receiving special education and/or related services and the number of eligible students with disabilities
aged 3-21 enrolled in private schools by their parents, who are not receiving special education and/or
related services on December 1, 2007.
NOTE: This total number is NOT the same as the district’s December 1, 2007 child count.
b. Eligible students with disabilities aged 3-21, both public and private, including parochial, who are and are
not receiving special education and/or related services on December 1, 2007.
NOTE: This total number is NOT the same as the district’s December 1, 2007 child count.
c. IDEA B School Age Entitlement: The district’s FY-09 IDEA Part B school age entitlement (43-9-1).
d. Proportional amount to be spent for services to eligible private school students with disabilities: The
minimum expenditure that must be used to provide special education and/or related services to eligible
students with disabilities aged 3-21 who are enrolled in private schools by their parents.
NOTE: This minimum amount excludes the monies necessary to conduct district child find activities.
West Virginia Department of Education
May 2008
17
Preschool (43-9-2) (for students aged 3-5): Repeat the above procedures using the FY-09 IDEA, Part B preschool
entitlement (43-9-2), the number of eligible private school students aged 3-5 and the number of all IDEA eligible
students aged 3-5.
EARLY INTERVENING SERVICES REPORT - (Nondisabled Students, Grades K-12)
Reporting Requirements. Each district that develops and maintains coordinated, early intervening services must
annually report to the OSP on:


The number of students served by early intervening services, and
The number of students served by early intervening services who subsequently receive special education
and related services under IDEA 2004 during the preceding two-year period (§300.226).
This section of the plan has been revised. Please report as follows. Refer to your previous plans as needed. The
table below requests the minimum required data. If you choose to maintain EIS data separately for various EIS
programs being implemented in your districts, for example, Response to Intervention (RTI) and Positive Behavior
Supports (PBS) separately, this detail may be reported in the EIS table by adding rows and/or columns by right
clicking on the table. This type of data collection is highly useful to the district and demonstrates the effectiveness
of the programs.
Early Intervening Services Report
Districts that develop and maintain coordinated Early Intervening Services under 34 CFR §300.226 to K12 students without disabilities needing additional academic/behavioral support in general education
are required to report the number of students without disabilities who received Early Intervening
Services and, of those students, the number who subsequently were initially referred and found eligible
as a student with a disability within two years of receiving EIS.
2005-2006
2006-2007
2007-2008
Number of students without
disabilities who received
coordinated EIS
Number of students without
disabilities reported above who
were Initially referred and
found eligible as students with
disabilities.
EXCESS COSTS AND MAINTENANCE OF EFFORT (MOE)
The calculations for determining the excess costs and MOE to educate students with disabilities and the
corresponding forms and directions are located in Appendix D. The forms must be reviewed and information
provided as requested on each of the forms. The forms require minimal manual input and are self-calculating.
Information on the forms is electronically obtained from the data submitted by each district to WVEIS.
ITEMIZATION OF EQUIPMENT
Complete this worksheet for equipment having a useful life of more than one year and an acquisition cost of $5,000
or more per unit for equipment identified in any action step using Special Education funding. List each type of
equipment (e.g., Liberator, Dynavox), the number of units to be purchased and the action step where the purchase
West Virginia Department of Education
May 2008
18
of each equipment item is specified. Also, indicate with an “X” the funding source for each item. Information on
this page must accurately match information in the Action Steps that include the equipment purchase.
CONSTRUCTION AND REMODELING
Construction and Remodeling (administrative procedures and implementing regulations governing the use of
state and federal funds for construction and remodeling)
A. INTRODUCTION
These administrative procedures implement the following as they pertain to the use of state and federal
entitlement funds for construction or remodeling: 1) the Education Department General Administrative
Regulations; 2) Individuals with Disabilities Education Improvement Act (IDEA 2004); 3) provisions of
the Davis-Bacon Act; 4) Policy 2419: Regulations for the Education of Exceptional Students; and 5) State
Board of Education Policy 6200: Planning of School Facilities specific to the construction of school
facilities as administered by the Office of School Facilities.
B. DEFINITION OF CONSTRUCTION
Part A of IDEA (20 U.S.C. §1401) defines "construction" as: a) erection of new or expansion of existing
structures, and the acquisition and installation of equipment therefore; or b) acquisition of existing
structures not owned by any agency or institution making application for assistance under this chapter; or
c) remodeling or alteration (including the acquisition, installation, modernization, or replacement of
equipment) of existing structures; or d) acquisition of land in connection with activities in clauses (a), (b)
and (c); or e) a combination of any two or more of the foregoing.
C. REQUIREMENTS AND APPROVAL PROCESS
The following procedural steps apply to the use of IDEA, Part B funds for construction as defined above:
STEP 1: Project Approval by the Office of Special Programs (OSP).
1. The district must obtain project approval from the OSP.
a. The following submissions are required as an addendum to the County Strategic Plan for project
approval:
 Detailed description of the need for construction or remodeling. (See No. 1 in Addendum.)
 A line drawing detailing square footage and space utilization.
 Inclusion of action steps and appropriate budgetary pages in the aforementioned plan.
 A breakdown of estimated costs by all sources of funding to be utilized in the project. (See
No. 3 in Addendum).
 A description of how the project impacts upon placement of the target students in the least
restrictive environment (see No. 4 in Addendum.)
 A description of how the proposed construction or remodeling project impacts upon the
accessibility requirements of the disabled. Provide citations from the Uniform Federal
Accessibility Standards. (See No. 5 in Addendum.)
 An assessment of the impact of the proposed construction on the quality of the environment in
accordance with Section 102 (2) (7) of the National Environmental Policy Act of 1979 and
Executive Order 11514. (See Environmental Assessment in Addendum.)
 A description of the relationship of the proposed construction to and probable effect on any
district, site, building, structure or object that is: 1) included in the National Register of
Historic Places; or 2) eligible under the criteria established by the National Register of Historic
Places. (See No. 7 in Addendum.)
 Amend the district’s Comprehensive Educational Facilities Plan (CEFP as per Policy 6200.
 Certification that the district will comply with the assurances required under the Education
Department General Administrative Regulations (34 CFR §75.700-§75.715).
West Virginia Department of Education
May 2008
19
b. For large construction and major remodeling projects, an on-site planning meeting may be
requested by OSP. Participants will typically include the architect, county school officials,
officials from the Office of School Facilities and an official from OSP.
c. Architectural barrier removal must be consistent with the Uniform Federal Accessibility Standards.
2. All federal construction programs must follow the provisions of the Davis-Bacon Act. In general, the
act requires that all laborers and mechanics employed by the contractors or subcontractors be paid
wages not less than those established for the locality of the project by the Secretary of Labor in
accordance with the Act. For projects that require advertising and bidding, the district shall request a
wage rate determination from the U.S. Department of Labor. The wage rate determination shall be
used by the district in its standard terms and conditions in awarding the contract.
STEP 2:
Amendment of the County's Comprehensive Educational Facilities Plan (CEFP) through the
Office of School Facilities and Project Approval for Construction by the State Board of
Education, and if School Building Authority (SBA) funds are used, approval from the SBA.
NOTE: The process will require the approval of the State Board of Education through the Office of School
Facilities. The district is to follow the established process outlined in Policy 6200.
1. Upon notification of preliminary approval by the OSE, the district shall request an amendment to its
CEFP to the State Board of Education according to the present procedures prepared by the Division of
School Transportation and Facilities. These procedures require that amendments be submitted for
review and approval prior to the construction of any new facilities or the renovation or remodeling of
existing facilities. The CEFP must include all projects that alter the instructional square footage
of the facility or exceed $50,000, regardless of the funding source.
2. Upon approval of the amendment, the district shall submit a plan for project approval for construction
to the State Board of Education with accompanying plans and specifications according to the
procedures prepared by the Office of School Facilities. The project plan for construction, plans and
specifications shall receive an interdepartmental review coordinated by the Office of School Facilities.
The state agencies participating in the review include: Office of the State Fire Marshal, Department of
Health and Human Resources, Division of Highways, Division of Rehabilitative Services (Section 504
review), Department of Education and SBA, as appropriate.
3. Upon approval by the State Board of Education, the county will receive notification to initiate the
project from the Director of the Office of School Facilities. The OSE will then issue a notification of
grant award.
4. Before construction is advertised or placed on the market for bidding, the district shall have approval
by the State Board of Education and the SBA, as appropriate, of the formal working drawings and
specifications (project approval for construction).
STEP 3: Advertising, Bidding and Procurement Procedures
Advertising, bidding and procurement procedures used by the district shall comply with Subpart P Procurement Standards of the Education Department General Administrative Regulations (34 CFR
§74.170-§74.177), Department policy and WV Code.
STEP 4: Construction
The district shall maintain competent architectural engineering supervision and inspection of the
construction site to ensure that the work conforms to the approved drawings and specifications of the
Education Department General Administrative Regulations (34 CFR §75.712).
West Virginia Department of Education
May 2008
20
SPECIAL EDUCATION BUDGET
A significant change in the Five-Year Online Strategic Plan program for 2008-2009 is the budget entry. Budget
information has been removed from the Goals/Objectives/Activities section. Because a major purpose of the
Special Education Component of the plan is allocation of state and federal special education funds and assuring
such funds are approved and expended for purposes allowed under IDEA, Part B and state code, a new budget
section was created. This section is a spreadsheet into which budget items are entered, and which must be
connected or matched to the Action Steps/Subtasks in the Five-Year plan.
From the navigation pane, under Budgets, click on LEA-Special Education to open the budget screen.
Budgets
LEA-Special Education
LEA-Technology
LEA-Title I County Composite
LEA-Title III
LEA-Title IV
To enter information into the budget page, which functions as a content box, click the Special Education button to
open the content box. The spreadsheet may be completed within the content box, or the content box may be cut
and pasted into Excel. The online spreadsheet does not automatically compute totals or compare the grand totals to
your allocations. Neither is it possible to pre-populate the budget table with the allocations or Actions
Steps/Subtasks. The architecture of the plan does not facilitate this. Therefore, this information must be entered
directly or by cutting and pasting. The cells should expand. The OSP has provided a spreadsheet already in
Excel, into which allocations may be entered, which will assist in determining the remaining allocation as the
amounts are entered. This may be completed in Excel and then pasted into the online Special Education Budget
content box. Next year, this will be incorporated into the online plan.
The budget page must link the Action Steps and Subtasks to allowable expenditures in the eight categories as
applicable.
Personnel:
 In the column for IDEA School Age (Ages 3-21) 43-9-1, at a minimum, list the total amount to be expended
from this project code for personnel. Then, in the Use of Funds from Action Steps/Subtasks column – note
only the Subtasks funded by this source. Personnel providing special education and related services to
students with disabilities are allowable under this project code.
Subtasks may be typed into this box (e.g., 2 LD teachers, 1.0 FTE; 4 aides, 1.0 FTE) or, if the Actions
Steps and Subtasks are numbered, the numbers may be entered. (e.g., for Action 01/Personnel, with
Subtasks number 1-5, the numbers could be entered as 1.1, 1.2 …). The box will expand to fit the content.
Alternatively, an amount for each subtask may be entered. To do this, right click and add rows as needed.
If you wish to enter program/function or object codes, additional columns may be added. This detail is not
required, however.
 In the column for IDEA Preschool (Ages 3-5), 43-9-2, enter the amount to be expended from this project
code for personnel. Then, in the Use of Funds from Action Steps/Subtasks column – note only the
Subtasks funded by this source. Only personnel providing special education and related services to students
with disabilities ages 3-5 are allowable under this project code.
West Virginia Department of Education
May 2008
21
 In the column for State Aid, enter the amount to be expended from this project code for personnel. . Then,
in the Use of Funds from Action Steps/Subtasks column – note only the Subtasks funded by this source.
Personnel providing special education and related services to any student with an exceptionality, including
disabilities, gifted and exceptional gifted, may be funded through this project code.
IDEA School Age
(Ages 3-21)
43-9-1
Amount
IDEA Preschool
(Ages 3-5)
43-9-2
Amount
State Aid
0291
Use of funds from Action
Steps/Subtasks
Totals
Amount
Personnel
0
0
0
This same process is repeated for the additional expenditure categories, as applicable to the Action Steps and
Subtasks created in the plan and to the special education activities in the Professional Development Plan. Repeat
the process above for:







Services
Materials, Supplies and Equipment
Professional Development (either in the Professional Development Plan or Action Steps)
Early Intervening Services – Amount must be listed separate from other sections to verify amount spent is
not greater than 15% or IDEA school age funds
Services to Students Parentally Placed in Private Schools
The proportionate amount calculated under Compliances Special Education must be spent from
IDEA-B funds. This must be listed separately to verify amount spent. At county option,
additional funds may be spent.
Facilities – Also complete the LEA-Construction and Remodeling component under Compliances Special
Education, if applicable.
Other – (e.g., indirect costs, CIMP steering committee)
See Appendix E for the complete Budget Sheet.
IDEA 2004 COMPLIANCE CHECK POINT
In order to be eligible for FY08 federal and state aid funds for the education of students with
exceptionalities, the following requirements must be met:
The district has submitted the April 2008 Continuous Improvement Monitoring Process District Self-Assessment to
the Office of Assessment and Accountability.
The district has submitted to the OSP its protocol for assessing district proportionality to meet the requirement of
IDEA 2004 618 (d) (1-2), if required.
If the district had allocated IDEA, Part B school age entitlement funds for Early Intervening Services in the last
three years, the district has completed the designated Early Intervening Report.
West Virginia Department of Education
May 2008
22
The County Board of Education has adopted Policy 2419 as the county’s policies and procedures for implementing
IDEA and West Virginia Code.
The district will be using which of the following methods for determining caseloads for 2008-2009:
The district will continue to implement caseloads in effect prior to May 16, 2007. Or
The district will implement the case management and per period caseload limits under the current Policy 2419, in
effect September 11, 2007.
West Virginia Department of Education
May 2008
23
APPENDIX A
MAINTENANCE OF SPECIAL EDUCATION ADMINISTRATOR
Personnel Budget Considerations and Guidance
Districts that have previously funded the position using local or state dollars may fund the position using FY-08
federal dollars as long as the district’s total amount of state and local funds budgeted for FY-08 for the education of
students with disabilities under Part B is at least equal to the amount of those funds actually expended in the most
recent preceding fiscal year.
Example:
7. FY-08 Special education director’s salary ($75,000) was supported by local funds.
8. FY-09 Special education director’s salary ($75,000) is supported by federal funds. The $75,000 that
was previously allocated for the special education director’s salary must continue to be allocated for
special education purposes.
The special education administrator’s actual F.T.E. that is supported using federal and/or state aid funds must be
determined by analyzing the director’s responsibilities and determining the percentage of time that is allocated on a
yearly basis to each of those responsibilities and ensuring that those corresponding responsibilities justify the
expenditure of special education funds to support the corresponding F.T.E. of the position.
Example:
Special Education Director’s Salary-$75,000
Responsibilities
Time
Percentage
50%
F.T.E.
Attendance
10%
.10
Title I
40%
.40
100%
1.0
Special
Education
.50
Amount/
(Funding)
$37,500
(Special
Education)
$7,500
(Local)
$30,000
(Title I)
$75,000
NOTE: If the special education director’s position includes nonspecial education responsibilities, analyzing all
of the director’s responsibilities and determining the percentage of time that is allocated on a yearly basis to
special education responsibilities must determine the director’s actual F.T.E. for special education funding.
Only 1.0 F.T.E. special education directors may be fully funded with federal and/or state special education
funds.
The district is required to maintain and provide upon request the following documentation, which justifies the
use of those funds for the maintenance of the special education director’s position in a county school district.
 the responsibilities currently assigned to the special education director outside the realm of special
education and the corresponding percentage of time allocated to each of those responsibilities on a
yearly basis.
West Virginia Department of Education
May 2008
24
APPENDIX B
INDIRECT COSTS
Indirect costs must be within the rates established for FY-00 and may only be charged to federal grants and
not state aid funds. Indirect cost rates are calculated as follows:
Example (Indirect Costs Calculation)- (To calculate an indirect cost rate for a federal allocation at the rate of
2.23%:
Total Amount of Grant
Indirect Cost Rate
$20,000
2.23%
Project Direct Costs $20,000 / (2.23% + 100%) = $19,574
Project's Indirect Costs $19,574 X 2.23%
Total
West Virginia Department of Education
May 2008
= $ 437
$20,000
25
APPENDIX C
CALCULATION FOR EQUITABLE SERVICES FOR PARENTALLY PLACED STUDENTS IN
PRIVATE SCHOOLS
EXAMPLE
EXPENDITURES FOR PARENTALLY PLACED SCHOOL-AGE STUDENTS IN PRIVATE SCHOOLS
A district has the following numbers of eligible students with disabilities on December 1, 2007:
Eligible Private School Students with Disabilities Aged 3-21
Receiving special education and/or related services
Not receiving special education and/or related service
Subtotal of all eligible private school students with disabilities
8
2
10
Eligible Public School Students with Disabilities Aged 3-21
Receiving special education and/or related services
Not receiving special education and/or related services
Subtotal of all eligible students with disabilities
186
4
190

200
All IDEA eligible students in the district
The minimum required expenditure for students aged 3-21 is:
(a.) 10
(b). 200
X
(c.) $100,000
West Virginia Department of Education
May 2008
=
(d.) $5,000
26
APPENDIX D
EXCESS COSTS
MAINTENANCE OF EFFORT
Excess Costs
Except as otherwise provided, amounts provided to an LEA under Part B of the Act may be used only to pay the
excess costs of providing special education and related services to children with disabilities. An LEA must spend
at least the average annual per student expenditure on the education of an elementary school or secondary school
child with a disability before funds under Part B of the Act are used to pay the excess costs of providing special
education and related services. Section 602(8) of IDEA and §300.16 require the LEA to compute the minimum
average amount separately for children with disabilities in its elementary schools and for children with disabilities
in its secondary schools. .
Basis for Calculation
To provide the needed data for both secondary and elementary costs, the following procedures were developed to
enable the pro-ration of the financial data already submitted through WVEIS. A table was established using the
salary expense of teachers by location within the general ledger. Pre-kindergarten through grade six was defined as
elementary and grades seven through 12 were defined as secondary. Using this definition to segregate total salary
expense, a prorated percentage to total expenses was assigned to each elementary and secondary. The total
expense pulled from WVEIS in each of the fund categories was multiplied by the resulting factor to produce the
expenditure amount to be used in each of the calculations for elementary or secondary results. In addition, the
child counts used in the calculations were divided based on the assumption of ages 3-12 as elementary and 13-21 as
secondary.
Please review information as reported on the form and assure that your county meets the excess cost requirement as
defined. In addition, please review the numbers for reasonableness and contact Janice Hay, Coordinator, at
jehay@access.k12.wv.us should you disagree with the information as presented.
Maintenance of Effort
Districts that seek to reduce their local maintenance of effort in accordance with §300.205 (d) and use some of their
Part B funds for early intervening services under §300.226 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 decisions 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. A form provided in Compliance Special Education – MOE section of the on-line strategic
plan incorporates the county’s use of these amounts in accordance with §§300.205(d) and 300.226(a). The
maximum amounts that are available to the county for these purposes will be specified at the top of the form. The
amount the county intends to use for early intervening, if applicable, must be entered in the space provided. In
addition, the amount of the LEA seeks to reduce their local maintenance of effort, if any, must also be entered in
the space provided. In determining what amount(s) of the maximum amount provided can be used for these
purposes, counties should follow the examples that are provided on the instructions of the form to assure that the
amounts entered are permitted and do not improperly affect the other as mentioned above. Using other
information that is stored from a table or from accessing WVEIS, the form will automatically calculate whether or
not the county has met the maintenance of effort requirement. Districts found out of compliance with the
maintenance of effort requirement must provide an explanation in accordance with directions that are contained in
this section.
West Virginia Department of Education
May 2008
27
APPENDIX E
Budget for the Annual School District Plan for State and Federal Entitlement Funds
for the Education of Students with Exceptionalities
(Add Rows and Columns as Needed)
Enter amount for only one funding source per row and complete use of funds box to indicate expenditures for that
source (box expands to fit content). Example 1: IDEA School Age Amount $100,000; Use - 2 LD teachers 1.0 FTE;
4 classroom aides, 1.0 FTE; OR Example 2: IDEA Preschool - $50,000 Use: Action 01.1 and 01.2
IDEA School
Age (Ages 321)
43-9-1
Allocations
Enter
Allocations
Here
IDEA
Preschool
(Ages 3-5)
43-9-2
0
Amount
State Aid
0291
0
Amount
Use of Funds from Action
Steps/Subtasks
Totals
0
0
0
0
0
0
0
0
0
0
0
Amount
Personnel
Services
Materials,
Supplies,
Equipment
0
0
0
0
Professional
Development
0
0
0
0
Early
Intervening
Services
0
0
0
0
Services to
Students
Parentally
Placed in
Private
Schools
0
0
West Virginia Department of Education
May 2008
28
Facilities
0
0
0
6000
6000
Other
0
0
0
Totals
Remaining in
Allocation
0
West Virginia Department of Education
May 2008
0
0
0
0
0
0
0
29
APPENDIX F
FY 09 ASSURANCES
By signing the attached grant awards for IDEA 2004 Part B entitlement funds, the district superintendent assures the State Superintendent
of Schools of the district’s compliance with the following assurance statements:
1.
Use of IDEA, Part B Funds
a. The district will use funds provided under Part B of IDEA in the following order of priorities:
 To provide a free appropriate public education to first priority students, including the identification, location and
evaluation of first priority students. First priority students are students with disabilities, aged 3-21, who are not
receiving an education (i.e., not in school); or
 Other requirements under IDEA.
b.
2.
IDEA funds may also be used for:
 Services and aids that also benefit nondisabled children, specifically for the costs of special education and related
services and supplementary aids and services, provided in a regular class or other education-related setting to a
student with a disability in accordance with the student’s IEP even if one or more nondisabled students benefit from
such services;
 Early intervening services in accordance with IDEA 613(f);
 High cost education and related services to establish and implement cost or risk sharing funds, consortia or
cooperatives for the district or for other districts working in a consortium of which the district is a part to pay for
high cost special education and related services.
 Administrative case management for the purpose of appropriate technology for record keeping, data collection and
related case management activities of teachers and related services personnel providing services for students with
disabilities.
 To carry out a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965
except that the amount used by the district for such programs shall not exceed:
 The number of students with disabilities participating in the schoolwide program; multiplied by the amount
received by the district by the district under Part B for the fiscal year divided by the number of students with
disabilities in the jurisdiction of the district.
Public Control of Funds
a. The control of funds provided to local education agencies under each entitlement program and title to property acquired with
those funds will be in a local education agency and that a local education agency will administer those funds and property.
b.
The local education agency will use fiscal control and fund accounting procedures that will ensure proper disbursement of,
and accounting for, funds paid to the agency under these entitlement programs.
c.
All equipment (items of $5,000 or more per unit) purchased with IDEA, Part B funds will be permanently labeled. The label
will identify the entitlement program and fiscal year of purchase.
d.
Equipment records shall be maintained accurately and shall include the following information: 1) a list of equipment
including serial number and model; 2) source of the equipment, including the award number; 3) whether the title vests in the
recipient or the federal government; 4) date of purchase; 5) information from which one can calculate the percentage of
Federal participation in the cost of the equipment; 6) location and condition of the equipment and the date the information
was reported; 7) unit acquisition cost; and 8 )ultimate disposition data, including the date of disposal and sales price or the
method used to determine fair market value.
3.
Administration
The district will administer each entitlement program covered by this plan in accordance with all applicable statutes, regulations,
program plans and plans.
4.
Compliance with Statutes, Regulations, State Eligibility Document and Plans
The district shall comply with the state eligibility document and applicable state and federal statutes, regulations and approved
plans under these entitlement programs and shall use funds in accordance with these statutes, regulations, documents and plans.
West Virginia Department of Education
May 2008
30
5.
Nondiscrimination
The district will comply with the following statutes and regulations
Subject
Statute
Regulation
Discrimination on the
basis of race, color
or national origin
Title VI of the Civil
Rights Act of 1964
(45 U.S.C. 2000d through 2000d-4)
34 CFR Part 100
Discrimination on the
basis of sex
Title IX of the
Education Amendments
of 1972 (20 U.S.C. 1681-1683)
34 CFR Part 104
Discrimination on the
basis of handicap
Section 504 of the
Rehabilitation Act of 1973
(29 U.S.C. 794)
34 CFR Part 104
Discrimination on the
basis of age
The Age Discrimination Act
(42 U.S.C. 6101 et. seq.)
45 CFR Part 90
6.
Complaints
The district will comply with the procedures established by the State Department of Education for the resolution of complaints
regarding the violation of statutes and regulations applicable to these entitlement programs.
7.
Procedural Safeguards
The district has procedural safeguards in effect which meet the requirements of 34 CFR §300.500 - §300.520.
8.
Reports
The district will: a) make reports to the State Department of Education or State Board of Education and to the U.S.
Secretary of Education as may be required and necessary to enable the state department or board and the commissioner
to perform their duties, including data under Part B; and b) maintain records required under Section 437 of the General
Education Provisions Act and provide access to those records as the state department, board or commissioner deem
necessary to perform their duties. The district specifically agrees to:
a. collect and submit data to the WVDE relevant to students with disabilities (e.g., performance on assessments,
participation in state and county testing programs, drop out rate, graduation rate, suspensions, expulsions and race
and ethnicity);
b.
participate in the Continuous Improvement Focused Monitoring Process (CIMP) Self-Assessment process, including
the completion of an improvement plan based upon input from stakeholders and a review and analysis of the data on
an annual basis;
c. collect and submit to the WVDE data pertaining to the provision of early intervening
services in accordance with 613(f).
9.
Nonsupplanting
Amounts provided to the district shall be expended in accordance with IDEA 2004 and shall be used only to pay for the excess
costs of providing special education and related services to student with disabilities; shall be used to supplement State, local and
other Federal funds and not to supplant such funds; and shall not be used to reduce the level of expenditures for the education of
students with disabilities made by the district from local funds below the level of those expenditures for the preceding fiscal year
except as provided in a-d below:
a. The voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel;
b.
A decrease in the enrollment of students with disabilities;
c.
The termination of the obligation of the agency, consistent with this part, to provide of program of special education to a
particular student with a disability that is an exceptionally costly program, as determined by the State, because the student
has left the jurisdiction of the agency, has reached the age at which the obligation of the agency to provide FAPE to the
student has been terminated, and/or no longer needs such a program; or
West Virginia Department of Education
May 2008
31
d.
The termination of costly expenditures for long term purchases such as the acquisition of equipment or the construction of
school facilities.
10. Excess Cost
The district will use funds provided under Part B of IDEA only for costs which exceed the amount computed under 34 CFR
§300.16 and which are directly attributable to the education of students with disabilities with the exception of those funds as
delineated in #1 above. The district assures that it has calculated the aggregate minimum amount that the LEA must have spent
for the education for elementary and secondary students with disabilities from all available funding sources other than IDEA,
Part B, Capital Outlays and Debt Service. Therefore, the IDEA, Part B funds in this plan will be used only for costs over and
above this minimum. The district will maintain records, which show the agency meets the above requirements.
11. Obligation and Liquidation of Funds
Entitlement funds will not be obligated prior to the receipt of a Notification of Grant Award and approval of a Project
Amendment Request by the State Board of Education. Extensions on obligation and liquidation dates for federal grant awards
will not be approved.
12. Adjustment to Local Fiscal Effort in Certain Fiscal Years
For any fiscal year for which the allocation received by a district under section 611(f) exceeds the amount the district received
the previous fiscal year, the district may reduce the level of expenditures otherwise required by not more than 50% of the amount
of such excess and use those funds for activities authorized under the Elementary and Secondary Education Act of 1965.
13. Goal Establishment
The district hereby provides a full educational opportunity to all students with disabilities, aged birth to 21, residing within its
jurisdiction by the 2014 school year as required by 34 CFR §300.109.
14 Preschool Transition
The district has established priorities of integrated education and transition from IDEA, Part C programs to IDEA, Part B
programs for all eligible students aged 3-5. The district will demonstrate activities to show that interagency transition services
are provided for each student enrolled in early childhood preschool programs and the district will participate in transition
planning conferences arranged by the Part C lead agency.
15. Comparable Services
Funds under Part B of IDEA 2004 will not be used to provide services to students with disabilities unless the district uses
state and local funds to provide services to those students which, taken as a whole, are at least comparable to services
provided to other students with disabilities in the district. The district will maintain records, which show the agency meets
the above requirements.
16. Personally Identifiable Information
The district ensures the annual project plan does not contain information that could be considered easily traceable to a
specific student.
17. Personnel Development
The district shall ensure that all personnel necessary to carry out IDEA 2004 are appropriately and adequately prepared, subject
to the requirements of IDEA 612(a)(14) and section 6122 of the Elementary and Secondary Education Act of 1965.
18. Public Information
The district shall make available to parents of students with disabilities and to the general public all documents relating to the
eligibility for funds under IDEA 2004.
19. Public Inspection
Any plan, program evaluation, periodic program plan or report relating to these programs will be made readily available to
parents and other members of the general public.
20. Private School Participation and Expenditures
a. The district will comply with 34 CFR §76.650-§76.662 of the Education Department General Administrative Regulations
(EDGAR) concerning the participation of students enrolled in private schools. The district will maintain records, which
show the agency meets the above requirements.
West Virginia Department of Education
May 2008
32
b.
The district must keep title to and exercise continuing administrative control of all property and equipment and supplies that
the public agency acquires with funds under section 611 and 619 of the Act for the benefit of private school students with
disabilities.
c.
The district shall ensure that the equipment and supplies that are needed for a program and are placed in a private school (1)
Are used only for Part B purposes; and 2) Can be removed from the private school without remodeling the private school
facility.
d.
No funds under Part B may be used for repairs, minor remodeling, or construction of private school facilities.
e.
The district shall ensure that to the extent consistent with their number and location in the district, provision must be made
for the participation of private school students with disabilities in the program assisted or carried out under IDEA Part B by
providing them with special education and related services in accordance with §300.130 - §300-148.
f.
To meet the requirement of §300.132(a), each district must spend on providing special education and related services to
private school students with disabilities: 1) for students aged 3-21, an amount that is the same proportion of the LEA’s total
subgrant under section 611(g) of the Act as the number of private school students with disabilities in its jurisdiction is to the
total number of students in its jurisdiction aged 3-21; and 2) For students aged 3 through 5, an amount that is the same
proportion of the LEA’s total subgrant under section 619(g) of the Act as the number of private school students with
disabilities aged 3-5 in its jurisdiction is to the total number of students with disabilities in its jurisdiction aged 3-5.
g.
Expenditures for child find activities described in §300.131 may not be considered in determining whether the district has
met the requirements of §300.132(a).
h.
Funds under section 611 or 619 of the Act will not be used for classes that are organized separately on the basis of school
enrollment or religion of the students if (a) The classes are at the same site, and 2) The classes include students enrolled in
public schools and students enrolled in private schools.
i.
Funds provided under section 611 or 619 of the Act will not be used to finance the existing level of instruction in a private
school or to otherwise benefit the private school.
j.
The district shall use funds provided by Part B of the Act to meet the special education and related services needs of
students with disabilities, but not for (1) The needs of a private school, or (2) The general needs of the students enrolled in
the private school.
21. Method of Ensuring Services (Public and Private)
a. The district must assure that proceeds from public benefits or insurance or private insurance will not be treated as program
income for the purposes of 34 CFR 80.25. If a public agency spends reimbursements from federal funds (e.g., Medicaid) for
services under this part, those funds will not be considered “State or local” funds for the purposes of the maintenance of effort
provisions in §300.163 and §300.203.
b.
For students with disabilities who are covered by public insurance, the agency shall not (1) Require parents to incur out-ofpocket expenses such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant
to this part, but pursuant to paragraph (g)(2) of this section, may pay the cost that the parents otherwise would be required to
pay; (2) May not require parents to sign up or enroll in public insurance programs in order for their child to receive FAPE under
Part B of the Act; (3) May not use a student’s benefits under a public benefits or insurance program if that use would (A)
Decrease available lifetime coverage or any other insured benefit; (B) Result in the family paying for services that would
otherwise be covered by the public benefits or insurance program and that are required for the student outside of the time the
student is in school; (C) Increase premiums or lead to the discontinuation of benefits or insurance; (D) Risk loss of eligibility for
home and community-based waivers, based on aggregate health-related expenses. NOTE: Nothing in this part should be
construed to alter the requirements imposed on a State Medicaid agency, or any other agency administering a public insurance
program by Federal statute, regulations or policy under Title XIX, or Title XXI of the Social Security Act, or any other public
agency insurance program.
c.
If a public agency is unable to obtain parental consent to use the parents’ private insurance, or public benefits or insurance when
the parents would incur a cost for a specified service required under this part, to ensure FAPE the public agency may use its Part
B funds to pay for the service.
22. Parent Participation
The district assures that parents or guardians of exceptional students are provided opportunities for participation in the planning
for and operation of these entitlement programs. Specifically, provisions are made for parents to participate in each step of the
special education delivery process through the implementation of due process and IEP regulations as specified in the district
West Virginia Department of Education
May 2008
33
policies and procedures; provision of opportunities for parents to receive training; and parental input in the development of
program plans and plan for funding.
23. Parent Training
The district will afford parents of exceptional students the opportunity to receive training in regard to the information and
resources they need to become full participating members in the educational process.
24. Policies and Procedures
The local education agency has adopted the WV Procedures Manual for the Education of Students with Exceptionalities as its
policies and procedures to ensure meeting the Part B IDEA requirements.
25. Equity
In accordance with Section 427 of Title II, the General Education Provisions Act (GEPA), enacted as part of the 2001 No Child
Left Behind Act amendments to the Elementary and Secondary Education Act of 1965, the district shall address equity concerns
that may affect full participation of potential program beneficiaries (teachers, students and/or parents) in designing their annual
special education plan. The district will identify barriers to full participation, if any, such as gender, race, national origin, color,
disability, and/or age, and address the necessary steps to overcome them.
26. Records Regarding Migratory Students with Disabilities
The district shall cooperate in the Secretary’s efforts under section 1308 of the Elementary and Secondary Education Act of
1965 to ensure the linkage of records pertaining to migratory students with a disability for the purpose of electronically
exchanging among the States, health and educational information regarding such students.
West Virginia Department of Education
May 2008
34
ASSURANCES
LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should
also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for
compliance with certification requirements under 34 CFR Part 82, "New Restrictions on Lobbying," and 34 CFR Part 85, "Governmentwide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The
certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education
determines to award the covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for persons entering into a grant or
cooperative agreement over $100,000, as defined at 34 CFR Part 82, Sections 82.105 and 82.110, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers
(including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and
disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospective participants in
primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110-A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions
by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated
for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR
Part 85, Sections 85.605 and 85.610 A. The applicant certifies that it will or will continue to provide a drug-free workplace by:
West Virginia Department of Education
May 2008
DRAFT
35
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such
prohibition;
(b) Establishing an on-going drug-free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee
will:
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than
five calendar days after such conviction;
(e) Notifying the agency in writing within 10 calendar days after receiving actual notice of such a conviction. Employees of convicted
employees must provide notice, including position title to: Director, Grants Policy and Oversight Staff, U.S. Department of Education, 400
Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3), Washington, DC 20202-4248. Notice shall include the
identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by
a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a), (b), (c), (d), (e), and (f).
B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:
Place of Performance is the district’s headquarters.
DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR
Part 85, Sections 85.605 and 85.610A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance in conducting any activity with the grant; and
B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the
conviction, in writing, within 10 calendar days of the conviction, to: Director, Grants Policy and Oversight Staff, Department of Education,
400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3), Washington, DC 20202-4248. Notice shall include the
identification number(s) of each affected grant.
PR/AWARD NUMBER AND / OR PROJECT NAME
CFDA 84.027 and 84.173
ED 80-0013
West Virginia Department of Education
May 2008
DRAFT
36