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Office of Student Learning & Partnerships

data reported by districts and ESDs via the Data Based Initiative process.  

At the 11% Cap Waiver Committee meeting in February 2004, committee members recommended that a reduction of work was warranted relative to the 11% Cap Waiver process.  Committee members unanimously agreed that no longer would districts need to actively apply for a waiver of the cap.  That is, no form would be required, no qualitative information gathered.  The committee was satisfied with their current data driven 11% waiver algorithm.  This could be computed by ODE staff gathering all necessary objective data from within the ODE.   The committee thus recommended that they disband, and they are now considered an ad-hoc committee who meet only at the request of ODE.  


What data are used to determine eligibility for the 11% Cap waiver and when are the data collected?

The data driven 11% Cap Waiver Formula has two rules to determine if a district is eligible:

Rule One:  By law, the district’s special education population must exceed 11%.   This is determined by using the December 1st Special Education Child Count (SECC) for the previous year as the numerator and the district’s ADMr for the previous year as the denominator.  Because the waiver must be based on final figures, the 11% is always calculated using data from the previous year.   For example, a district’s 11% calculation done in the spring of 2006 was based on their December 1st 2004 SECC divided by the district’s ADMr for the 2004-05 school year.

Relative to their SECC count, only those special education students who are reported as “district only” or “regional” are used in the numerator.  This is because all other students (Oregon School for the Blind, Oregon School for the Deaf, Long-term Care or Treatment, Hospital, Youth Corrections Education Program, Juvenile Detention Education Program) are in state supported or state operated programs funded by the state via different processes.  

Rule Two:  A district with over 11% of their population in special education must also have spent at least as much on the delivery of special education as they received for special education.  Basically the committee was saying, “If a district didn’t spend all their special education money, then the state shouldn’t give them more based on their special education students.”  The committee went on to say that no district could receive in the 11% cap waiver process more than that district’s excess special education expenditures.  That is, if a district spent $100,000 more on special education than it received, the maximum amount of their 11% cap waiver award would be additional ADMr that would generate $100,000.  This “must spend at least what you received” rule uses special education revenue and expenditure data.

Special Education Revenue is defined as the second weights received by districts for their special education students.  First weights are NOT included as special education revenue.  Revenue is calculated as the ADMw amount per student multiplied by the number of students that equal 11% of a district’s ADMr.   This amount is the minimum that must be expended on special education for a district to be eligible for the Cap waiver.


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