At the local level, IDEA requires that LEAs expend the same amount of local / state funding for special education and related services as it expended in the previous fiscal year (34 CFR §300.203). There are provisions in IDEA to allow for decreases in an LEA’s MOE from one fiscal year to the next.
IDEA MOE Guide Technical Assistance Document
Exception Checklist Technical Assistance Document
This includes a list of possible exceptions a district should review if MOE compliance has not been met. This list will be udpated as additional situations are determined.
Options for Maintaining IDEA Maintenance of Effort Technical Assistance Document
The Special Education Team has determined several options an LEA may wish to consider when planning for maintenance of effort compliance in future fiscal years. These options are described at length in this document.
Information from the Office of Special Education Programs (OSEP)
- In an April 4, 2012 response to Kathleen Boundy from the Center for Law and Education(CLE), OSEP rescinded a policy interpretation originally issued on June 16, 2011 to Bill East, Executive Director of the National Association of State Directors of Special Education (NASDSE), regarding an LEA's level of effort in the case where MOE compliance has not been met. OSEP is withdrawing their interpretation as expressed in the letter to Dr. East and now believes that the level of effort that an LEA must meet in the year after it fails to maintain effort is the level of effort that it should have met in the prior year, and not the LEA’s actual expenditures.
All letters may be viewed below:
Questions on IDEA Maintenance of Effort may be directed to Rachel Zellmer.