ACL has just published the updated guidance clarifying the role of the DSE and urged collaboration while clarifying that the DSE is signing to indicate agreement in executing the DSE responsibilities, and does not have “veto” power as a signer. Here is a portion of the guidance:
“The SPIL is also signed by the director of the DSE. By signing the SPIL, the director of the DSE agrees to execute the responsibilities of the DSE identified in the law. The responsibilities are:
- Receive, account for, and disburse funds received by the State based on the SPIL;
- Provide administrative support services for a program under part B, and a program under part C in a case in which the program is administered by the State under section 723;
- Keep such records and afford such access to such records as the Administrator (of ACL) finds to be necessary with respect to the programs;
- Submit such additional information or provide such assurances as the Administrator may require with respect to the programs; and
- Retain not more than 5% of the funds received by the State for any fiscal year under Part B for the performance of the services outlined in paragraphs (1) through (4). See Section 704 (c) of the Rehabilitation Act, as amended, 29 U.S.C. 796c(c).
In order to have an approvable SPIL under the law, all three parties must sign.”