September 2013
Safety Net Funding
1.
Purpose: State and federal safety net funds are made available for districts with demonstrated
capacity for special education funding beyond the amounts provided through the special education
funding formula under RCW 28A.150.390.
2.
Description of services provided: State and federal funding may be provided to eligible districts as
reimbursement for services that have been provided to special education students through a
properly formulated IEP.
3.
Criteria for receiving services and/or grants:
Safety net funds are awarded by a state safety net oversight committee subject to the following
conditions and limitations consistent with RCW 28A.150.392 and 34 CFR §300.704:
a. The committee shall consider additional funds for districts that can convincingly demonstrate
that all legitimate expenditures for special education exceed all available revenues from state
funding formulas.
In the determination of need, the committee shall also consider additional available revenues
from federal sources. Differences in program costs attributable to district philosophy, service
delivery choice, or accounting practices are not a legitimate basis for safety net awards. In the
determination of need, the committee shall require that districts demonstrate that they are
maximizing their eligibility for all state and federal revenues related to services for special
education-eligible students and all federal revenues from federal impact aid, Medicaid, and the
Individuals with Disabilities Education Act-Part B and appropriate special projects. Awards
associated with (b) and (c) below shall not exceed the total of a district's specific
determination of need.
b. The committee shall then consider the extraordinary high cost needs of one or more individual
special education students.
Differences in costs attributable to district philosophy, service delivery choice, or accounting
practices are not a legitimate basis for safety net awards.
c. Using criteria developed by the committee, the committee shall then consider extraordinary
costs associated with communities that draw a larger number of families with children in need
of special education services. The safety net awards to school districts shall be adjusted to
reflect amounts awarded under (b).
4.
Beneficiaries in 2012-13 School Year:
# of School Districts:
# of Schools:
# of Students:
Other:
106
unknown
1865 high need individual students
6 districts received community
impact awards totaling $1,764,147
FY 13 Funding:
State Appropriation:
Federal Appropriation:
TOTAL (FY13)
$ 9.469 million
$14.787 million
$24.256 million
5.
Are federal or other funds contingent on state funding? Yes, see the following federal regulations:
34 CFR §300.163 Maintenance of state financial support.
(a) A state must not reduce the amount of state financial support for special education and
related services for children with disabilities, or otherwise made available because of the
excess costs of educating those children, below the amount of that support for the
preceding fiscal year.
34 CFR §300.166 Rule of construction. In complying with §300.162 and §300.163, a state is may
not use funds paid to it under IDEA-B to satisfy State-law mandated funding obligations to LEAs,
including funding based on student attendance or enrollment, or inflation.
34 CFR §300.704 State-level activities. Regulations pertaining to the administration of IDEA Part
B and coordination of activities under Part B are found in §300.704.
6.
First year funded: 1995-96
7.
State funding since inception: Program used state funding 1995—2002; and again starting with the
2005-06 school year.
Fiscal Year
FY13
FY12
FY 11
FY 10
FY 09
FY 08
FY 07
FY 06
FY 05
8.
Number of beneficiaries (e.g., schools, students, districts) since inception:
Fiscal Year
9.
Amount
$9.469 million
$8.914 million
$22.134 million
$26.963 million
$26.963 million
$21.808 million
$13.130 million
$9.043 million
$0
FY13
# of high need
districts
106 districts
# of high need
students
1865 students
FY12
FY 10
FY 09
FY 08
FY 07
FY 06
FY 05
99 districts
65 districts
151 districts
174 districts
143 districts
134 districts
90 districts
1752 students
1036 students
2604 students
2270 students
1930 students
1574 students
1093 students
Average and range of funding per beneficiary, 2012-13 school year: The average amount of
funding received per school district was $295,600 with a range of $1,781 to $1,938,763. The
average amount funded per student served in the program was $15,855.
10.
Programmatic changes since inception: The safety net process as authorized by the Legislature and
administered by the Office of Superintendent of Public Instruction has evolved during the last
eighteen years. Annual adjustments have been made consistent with changes in public policy to
both the safety net and the state special education funding formula. For example, the categories of
and sources of money for safety net funding have changed over time. Initially, the primary category
of safety net relief was a formula driven amount known as Maintenance of State Revenue, or
MOESRS. This category of state funding was a buffer for changes to the state funding formula when
the Legislature transitioned from a categorical funding formula to a non-categorical funding formula
in 1995-96. MOESRS funding was essentially “hold harmless” funding for the first four years after
the formula changed. Demographics, percentage and other categories of state funding have also
been available at one time or another during the past eighteen years. Federal safety net funding has
been available to support individual high need students since 1995.
11.
Evaluations of program/major findings: In recent years, JLARC (Joint Legislative and Audit Review
Committee) has released three major reports on special education programs and funding in the
state of Washington. The publications are Number 95-3; 01-11; and 06-3. See also the Superior
Court challenge to state special education funding formula. Court Case #04-2-02000-7 heard in
Thurston County Superior Court and Docket # 36294-5 Court of Appeals and # 82961-6 Supreme
Court of State of Washington.
12.
Major challenges faced by the program: The biggest challenge faced by the program is the
continual friction between the districts that believe safety net funding is an entitlement and the
federal and state requirements that clearly indicate safety net is not an entitlement. Safety net
funding is for reimbursement for specially designed instruction and related services provided by the
district via a properly formulated IEP, when the district can demonstrate that all legitimate
expenditures exceed all available revenues.
13.
Statutory and/or Budget language:
RCW28A.150.390 Appropriations for special education programs. The Superintendent of Public
Instruction shall submit to each regular session of the legislature during an odd-numbered year a
programmed budget request for special education programs for students with disabilities. Funding
for programs operated by local school districts shall be on an excess cost basis from appropriations
provided by the legislature for special education programs for students with disabilities and shall
take account of state funds accruing through RCW 28A.150.260 (4)(a) and (b), (6), and (8), federal
medical assistance, and other state and local funds, excluding special excess levies.
Budget Proviso: 3ESSB 5034 Section 1505 (7) $$8,914,000 of the general fund--state appropriation
for fiscal year 2012, $9,469,000 of the general fund state for fiscal year 2013, and $32,574,000 of
the general fund--federal appropriation are provided solely for safety net awards for districts with
demonstrated needs for special education funding beyond the amounts provided in subsection (4)
of this section. If the federal safety net awards based on the federal eligibility threshold exceed the
federal appropriation in this subsection (7) in any fiscal year, the superintendent shall expend all
available federal discretionary funds necessary to meet this need. At the conclusion of each school
year, the superintendent shall recover safety net funds that were distributed prospectively but for
which districts were not subsequently eligible.
14.
Other relevant information:
34 CFR §300.166 Rule of construction prohibits a state from using funding paid under IDEA-B to
satisfy a state mandated funding obligation to LEAs. This is why Community Impact funding is a state
obligation.
Current provisos commit the following of the general fund—federal appropriation:
(8)
Safety Net
FY13
FY12
(13)
Transition services
$14,787,000
$14,787,000
( 14)
Ombudsman program
(16)
Inclusion strategies
$50,000
$50,000
15. List of schools/districts receiving assistance:
The following districts were awarded safety net funding in 2012-13:
Anacortes
Arlington
Auburn
Bainbridge Island Ferndale
North Mason
Battle Ground
Bellevue
North Thurston
Northshore
Oakville
South Whidbey
Bethel
Blaine
Fife
Franklin Pierce
Grand Coulee
Dam
Grandview
Granite Falls
Sequim
Shoreline
Snohomish
Snoqualmie
Valley
Soap Lake
South Kitsap
Okanogan
Olympia
Boistfort
Griffin
Onalaska
Bremerton
BurlingtonEdison
Cashmere
Central Kitsap
Chimacum
Clarkston
Clover Park
College Place
Concrete
Davenport
Dieringer
Eatonville
Edmonds
Ellensburg
Enumclaw
ESA 112
Highline
Orcas Island
Southside
Spokane
StanwoodCamano
Sultan
Hood Canal
Pe Ell
Sumner
Issaquah
Kelso
Kent
Lake Stevens
Lake Washington
Lakewood
Longview
Lynden
Marysville
Mercer Island
Morton
Moses Lake
Mount Baker
Mount Vernon
Peninsula
Port Angeles
Port Townsend
Puyallup
Quilcene
Quincy
Reardan-Edwall
Renton
Richland
Riverside
Riverview
San Juan
Seattle
Sedro-Woolley
Tacoma
Tahoma
Toledo
Tonasket
Tukwila
Tumwater
University Place
Vancouver
Vashon Island
Washougal
Wenatchee
West Valley 363
Wilbur
Woodland
Yakima
Yelm
Bellingham
Everett
Evergreen 114
Federal Way
Mukilteo
Napavine
North Kitsap