The term “Maintenance of Effort,” often shortened to “MOE,” refers to the requirement placed upon many federally funded grant programs that the State Education Agency (SEA) and Local Education Agencies (LEA) demonstrate that the level of state and local funding remains relatively constant from year to year. Failure to meet MOE requirements may result in the LEA losing eligibility to receive IDEA entitlement funding and requiring an LEA to repay funds, using a non-federal source, to the SEA, who is required to send funds to the US Department of Education.
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.
Maintenance of Effort (MOE) Technical Assistance
Online Modules: Introduction to IDEA's Maintenance of Effort Requirement
This module looks at the LEA's obligations under IDEA's MOE requirement. It reviews how MOE compliance is tested in Wisconsin as well as the exceptions under the regulations that allows a district to lower their local special education costs from one year to the next.
Guidance
IDEA MOE Guide(this is a complete version with all chapters; for individual chapters, click on the links below)
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In an April 4, 2012 response to Kathleen Boundy from the Center for Law and Education(CLE), OSEP rescinded a policy interpretation originally issued on June 16, 2011 to Bill East, Executive Director of the National Association of State Directors of Special Education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:
Excel Calculators
FY 2013: MOE Planning Calculator for FY 2013 (excel spreadsheet)
LEAs can use this planning calculator for the 2012-2013 fiscal year until the MOE eligibility report is available (mid-October) through the Special Education Web Portal.
FY 2012: MOE Planning Calculator for FY 2012 (excel spreadsheet)
FY 2011: No calculator was created for FY 2011 because there was no increase in the IDEA grant from FY 2010, thus no 50% rule amount to apply
FY 2010: MOE-50%-CEIS Calculator for FY 2010
LEAs used this calculator to determine the amount available through the "50% rule" and the impact of expending CEIS on this option
Webinars
Planning for MOE FY 2012 Compliance:
The Governor’s 2011-2013 biennial budget has given way to numerous questions about IDEA's MOE requirement, including questions about the impact of reductions in staff benefit costs and layoffs. IDEA does not allow savings from reduced staff salaries/benefits as exceptions. For LEAs this may mean putting savings from reduced staff salaries and benefits back into special education, even though the actual level of special education services is not reduced by the benefit reduction. This webinar reviews the requirements in light of the mandated cost savings and provides LEAs with tips and tools when planning for compliance in FY 2012.
MOE Compliance Report and Exception Software:
The MOE Compliance Report and Exception software was designed so LEAs would be able to easily submit MOE exception supporting documentation to gain MOE compliance. This webinar is broken into two parts - an overview of MOE compliance and a demonstration on using the software.
|
Questions on IDEA Maintenance of Effort may be directed to Rachel Zellmer.
Further questions regarding IDEA Flow-through and Preschool Entitlement budgets should be directed to the DPI special education consultant assigned to the district. A listing of consultant assignments can be located at http://dpi.wi.gov/sped/sepcontact.html.
For questions about this information, contact Rachel D. Zellmer (608) 266-1787
Last updated on 5/10/2012 9:19:19 AM
Home
About Us
