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Office of Student Learning & Partnerships

Early intervening services--To develop and implement coordinated, early intervening services, which may include interagency financing structures, for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade three) who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment.1 A district worksheet is available online to assist in calculating the maximum allowable LEA funds for early intervening services. (http://www.ode.state.or.us/data/schoolanddistrict/funding/sped/annapp/coordinatedeis.pdf )

Administrative case management--An LEA may use federal funds received to purchase appropriate technology for recordkeeping, data collection and related case management activities of teachers and related services personnel providing services described in the individualized education program (IEP) of children with disabilities that is needed for the implementation of such case management activities. [613(a)(4)(A)(ii), (iii), and (B), and 613(f)(1)]

11% Cap Waiver


What is the 11% Cap waiver in the State funding formula?

By state law, districts receive twice the basic state school funds for up to 11% of their populations who are eligible for and receiving special education.  The purpose of the Cap waiver is to grant additional special education weights to districts whose special education population exceeds 11% of the total school district enrollment, thus providing additional funding from the state school funds. The 11% Cap Waiver Process is authorized under OAR  581-023-0100.  (See Appendix C.)  


How do LEAs apply for an 11% cap waiver?

The assignment of cap waivers has historically been determined by the 11% Cap Waiver Committee.  This committee was made up of district and ESD administrative personnel who, under the facilitation of staff from the Oregon Department of Education (ODE), annually scored applications and made a recommendation to the ODE regarding the process used to determine and assign cap waivers.  For many years both objective data (e.g. fiscal, child count) submitted to ODE and more qualitative information included in the district applications were used in the 11% calculation.  The committee would create what they believed to be a fair and unbiased algorithm for determining additional weights to districts whose special education population exceeded 11%.  However, over time the ODE quantitative data increased in both scope and validity.  This was primarily true for the fiscal

1 If the state determines that significant disproportionality based on race and ethnicity is occurring in the LEA with respect to (1) the identification of children as having a particular disability; (2) the placement in a particular education settings of such children, or (3) the incidence, duration and type of disciplinary actions, including suspensions and expulsions, Section 618(d)(2)(B) additionally requires an LEA identified for disproportionality to reserve the maximum amount of funds under Section 613(f) to provide comprehensive coordinated early intervening services to serve children in the LEA, particularly children in those groups that were significantly over identified.  [618(d)(2)(B)]


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