7 Miss. Code. R. 34-C-300.226

Current through December 10, 2024
Section 7-34-C-300.226 - Early intervening services

Purpose. The purpose of coordinated, early intervening services (CEIS) is to reduce the need to label children as disabled in order to address the learning and behavioral needs of such children. Reference citation: IDEA 2004, Congressional Findings(c)(5)(F)

(a)General. An LEA may not use more than fifteen (15) percent of the amount the LEA receives under Part B of IDEA for any fiscal year, less any amount reduced by the LEA pursuant to 34 CFR §300.205(Adjustment to Local Fiscal Effort in Certain Fiscal Years), if any, in combination with other amounts (which may include amounts other than education funds), to develop and implement coordinated, early intervening services, which may include interagency financing structures, for students in kindergarten through grade twelve (12) [with a particular emphasis on students in kindergarten through grade three (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. (See Appendix D of 34 CFR §300 for examples of how §300.205(d), regarding local maintenance of effort, and §300.226(a) affect one another.)
(b)Activities. In implementing coordinated, early intervening services under 34 CFR § 300.226, an LEA may carry out activities that include-
(1) 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
(2) Providing educational and behavioral evaluations, services and supports, including scientifically based literacy instruction.
(c)Construction. Nothing in this section shall be construed to either limit or create a right to FAPE under Part B of IDEA or to delay appropriate evaluation of a child suspected of having a disability.
(d)Reporting. Each LEA that develops and maintains coordinated early intervening services under this section must annually report to the MDE (by June 30th of every fiscal year) on
(1) The number of children served under this section who received early intervening services; and
(2) The number of children served under this section who received early intervening services and subsequently receive special education and related services under Part B of IDEA during the preceding two-year period.
(e)Coordination with ESEA. Funds made available to carry out this section may be used to carry out coordinated, early intervening services aligned with activities funded by, and carried out under the ESEA if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this section.

7 Miss. Code. R. 34-C-300.226