Early Intervening Services (EIS) Guidance

Federal Guidance | Required Use of EIS (Significant Disproportionality) | RTI/EIS PowerPoint Presentation | Questions & Answers | RtI Funding Sources

Description
An LEA may use up to 15 percent of Individuals with Disabilities Education Act, Part B (IDEA-B) funds for any fiscal year to develop and implement coordinated, early intervening services (EIS) for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade 3) who are not currently identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment. [20 U.S.C. §1413(f), 34 C.F.R. §300.226] An LEA identified as having significant disproportionality based on race or ethnicity must reserve the maximum amount of 15% of IDEA-B funds to be used for early intervening services.

Special Note
Prior to accessing IDEA-B funds for early intervening services, LEAs should consider assembling an integrated (general and special education) program evaluation team to: establish the basis and determine the need for early intervening services, establish a process by which the LEA will identify students needing those services and develop a written plan for implementation. While LEA’s must use their own judgment regarding Early Intervening Services (EIS), they should be cautioned about using EIS monies to fund specific programs. There are several reasons for this caution:

A district whose data indicates significant disproportionality based on race or ethnicity may be required by the State to expend all EIS funds in a manner that specifically addresses the factors resulting in the over-representation. Districts should understand that if a specific EIS-funded program fails to meet this requirement, use of EIS funds for such a program would likely be unallowable. For related reasons, districts with performance-based monitoring in progress should exercise caution in the use EIS funds for specific programs.
Districts must collect data regarding specific students served using EIS funds and of those students, which are referred and found eligible for special education services. Schools choosing this option should be confident about their ability to meet data collection requirements for students in specific programs.

Activities
In implementing coordinated, early intervening services under 34 C.F.R. §300.226, an LEA may carry out activities that include:

Professional development (which may be provided by entities other than LEAs) for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and
Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction. [34 C.F.R. §300.226(b)].

Relationship between EIS and Free Appropriate Public Education (FAPE)
EIS does not limit or create a right to FAPE under Part B of IDEA or allow an LEA to delay appropriate evaluation of a child suspected of having a disability. [34 C.F.R. §300.226(c)]

Data Collection and Reporting Requirements
Each LEA that develops and maintains coordinated, early intervening services under 34 CFR 300.226 must annually report to the State educational agency (SEA) on:

The number of children served under 34 C.F.R. §300.226 who received early intervening services; and
The number of children served under 34 C.F.R. §300.226 who received early intervening services and subsequently receive special education and related services under Part B of IDEA during the preceding two year period. [34 C.F.R. §300.226(d)].

LEAs must include in this count students served by personnel who participated in professional development activities supported with EIS funds.

LEAs are encouraged to develop data collecting/reporting systems in order to ensure timely and accurate submission to the State. IF you have questions or concerns on how LEAs will report data to the State, including details on the reporting period and deadlines please review the EIS Data Collection Guidance.

Use of Data
States will be required to report the two data elements described in the above “Data Collection and Reporting Requirements” section to the U.S. Department of Education Office of Special Education Programs on an annual basis. The State will review statewide data on early intervening services to determine overall statewide performance. The State may also use the data to identify effective or successful programs.

LEAs are encouraged to review the data they collect on an ongoing basis to determine the effectiveness of their early intervention efforts.

Funding Requirements
Optional Use of EIS Funds: LEAs may use up to 15% of the entitlement received under IDEA-B (FAR Fund Codes 224 and/or 225). These IDEA-B funds may be used in combination with other funds (including sources other than education funds) which may include interagency financing structures (Section 613(f)(1)). Federal funds always retain their identity. It is incumbent upon the Texas Education Agency (TEA) and LEAs to account for the receipt and expenditure of federal funds, and to ensure that federal funds are used for allowable costs in accordance with federal fiscal requirements.

LEAs may calculate15% of the entitlement received under IDEA-B based on the combined total of IDEA-B formula (Fund Code 224) and preschool (Fund Code 225) funding amounts, or based only on formula or only on preschool funding amounts. If calculating the percentage on the combined total of formula and preschool funds, the funds may be taken from formula and/or preschool funds. Both fund codes 224 and 225 may be used to serve children in kindergarten through grade 12 for EIS activities. However, the LEA may not serve children ages 3 and 4 with EIS funds. LEAs that choose to set aside 15% of their tentative entitlement may also choose to recalculate the 15% once maximum entitlements are released.

Unspent EIS funds may be reallocated during the time that the funds are available for obligation.

Required Use of EIS Funds: LEAs identified as having significant disproportionality based on race or ethnicity must set aside and use the full 15% of IDEA-B funds (Fund Codes 224 and 225) for EIS activities. Both fund codes 224 and 225 may be used to serve children in kindergarten through grade 12 for EIS activities. However, the LEA may not serve children ages 3 and 4 with EIS funds.

If an LEA is required to set aside 15% of their entitlement, the LEA must also recalculate the 15% once maximum entitlements are released.

The EIS funds must be used during the period of their availability for obligation and must be used for EIS regardless of whether the significant disproportionality is resolved during the time that the funds are available. The LEA may not reduce the amount it uses for this calculation by any other amount required by the IDEA. For example, an LEA may not deduct proportionate share funds for students parentally-placed in private schools before calculating the 15%.

LEAs should use a local option code that uniquely identifies the cost objective used to account for the expenditure of federal, state, and local funds on coordinated, early intervening services. The use of local and state funds for coordinated, early intervening services that were previously expended on special education services may result in an apparent decline in Maintenance of Effort (MOE). LEAs should maintain documentation (i.e., policies, procedures, identification criteria, needs assessment, improvement plan, budget) that adequately describes the program implemented.

For a general education student who has not been found eligible under special education, a local education agency (LEA) may use a variety of funding sources to provide supplemental services or instruction based on the student's response to scientific, research-based intervention. Potential funding sources include Title I, Part A funds and early intervening services funds.

Future Updates
Future updates regarding early intervening services will be posted to this web page as additional information is made available. If you have questions or concerns about early intervening services, please contact your Regional Education Service Center at http://www.tea.state.tx.us/special.ed/escinfo/contact.html.

Special Education Main Page

Texas Education Agency | Division of IDEA Coordination
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560

Last Updated: July 10, 2009 | Created: April 17, 2006

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