14 Del. Admin. Code § 924-26.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 924-26.0 - Early Intervening Services

26.1 General: An LEA may not use more than 15 fifteen percent (15%) of the amount the LEA receives under Part B of the Act for any fiscal year, less any amount reduced by the LEA pursuant to Section 5.0, 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 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.

26.2 Activities: In implementing coordinated, early intervening services under this section, an LEA may carry out activities that include:

26.2.1 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

26.2.2 Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.

26.3 Construction: Nothing in Section 26.0 shall be construed to either limit or create a right to FAPE under Part B of the Act or to delay appropriate evaluation of a child suspected of having a disability.

26.4 Reporting: Each LEA that develops and maintains coordinated, early intervening services under this section shall annually report to the DOE, consistent with a format and timetable acceptable to the Department, on:

26.4.1 The number of children served under Section 26.0 who received early intervening services; and

26.4.2 The number of children served under Section 26.0 who received early intervening services and subsequently receive special education and related services under Part B of the Act during the preceding 2-year period.

26.5 Coordination with ESEA: Funds made available to carry out Section 26.0 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.

(Authority: 20 U.S.C. 1413(f); 14 Del.C. § 3110)

14 Del. Admin. Code § 924-26.0

26 DE Reg. 845 (4/1/2023) (final)