Update: Individuals with Disabilities Education Act, Part B, Maintenance of Effort Requirement

 

 Word Version

 September 30, 2013

TO THE ADMINISTRATOR ADDRESSED:

SUBJECT:      Update: Individuals with Disabilities Education Act, Part B, Maintenance of Effort Requirement, Fiscal Years 2009 to 2013 (School Years 2008-2009, 2009-2010, 2010-2011, 2011-2012, and 2012-2013)

This letter serves to provide local educational agencies (LEAs) with an important update to the Texas Education Agency's To The Adminstrator Addressed letter of August 30, 2013, regarding the action plan for Individuals with Disabilities Education Act, Part B (IDEA-B) LEA maintenance of effort (MOE) compliance determinations.  Based on further communication between the Texas Education Agency (TEA) and the U.S. Department of Education (USDE), TEA is revising  Fiscal Year 2009 IDEA-B LEA MOE Determinations. Please note this is different than the previous notification.

TEA is informing LEAs of the newly revised action plan and timeline for FY2009, FY2010, FY2011, FY2012, and FY2013 IDEA-B LEA MOE compliance determinations, which supercedes the August 30, 2013, action plan and timeline. 

Revised Action Plan

IDEA-B LEA MOE compliance determinations will be issued beginning in October 2013, starting with reissuing FY2009. TEA will reissue FY2009 and FY2010 IDEA-B LEA MOE compliance determinations, which will supersede all previous FY2009 and FY2010 IDEA-B LEA MOE compliance determinations (compliant or noncompliant statuses) issued by TEA. 

At the time each respective IDEA-B LEA MOE Determination is released, LEAs will be notified of the methodology used, federal statutory exceptions, and state reconsiderations in effect for each IDEA-B LEA MOE determination.

Preliminarily noncompliant LEAs will be provided an opportunity to respond to the Division of Federal Fiscal Compliance and Reporting with any applicable federal statutory exceptions and state reconsiderations within 30 calendar days.   TEA will consider applicable federal statutory exceptions and state reconsiderations in its final determination of compliance with the IDEA-B LEA MOE requirement.

Anticipated Timelines for FY 2009, FY2010, FY 2011, and FY2012

MOE for FY2009 (School Year 2008-2009)

October 2013

TEA reissues FY2009 IDEA-B LEA MOE preliminary compliance determinations (compliant and noncompliant statuses)

November 2013

Preliminary noncompliant LEAs have 30 days to respond from date of notification with federal statutory exceptions and/or state reconsiderations to the Division of Federal Fiscal Compliance and Reporting

December 2013 to January 2014

Division of Federal Fiscal Compliance and Reporting reviews LEA responses

January 2014

Final FY2009 IDEA-B LEA MOE determinations issued by TEA

MOE for FY2010 (School Year 2009-2010)

February 2014

TEA reissues FY2010 IDEA-B LEA MOE preliminary compliance determinations (compliant and noncompliant statuses)

March 2014

Preliminary noncompliant LEAs have 30 days to respond from date of notification with federal statutory exceptions and/or state reconsiderations to the Division of Federal Fiscal Compliance and Reporting

March to April 2014

Division of Federal Fiscal Compliance and Reporting reviews LEA responses

April  2014

Final FY2010 IDEA-B LEA MOE determinations issued by TEA

MOE for FY2011 (School Year 2010-2011)

May  2014

TEA issues FY2011 IDEA-B LEA MOE preliminary compliance determinations (compliant and noncompliant statuses)

June  2014

Preliminary noncompliant LEAs have 30 days to respond from date of notification with federal statutory exceptions and/or state reconsiderations to the Division of Federal Fiscal Compliance and Reporting

June to July 2014

Division of Federal Fiscal Compliance and Reporting reviews LEA responses

July 2014

Final FY2011 IDEA-B LEA MOE determinations issued by TEA

MOE for FY2012 (School Year 2011-2012)

August 2014

TEA issues FY2012 IDEA-B LEA MOE preliminary compliance determinations (compliant and noncompliant statuses)

September 2014

Preliminary noncompliant LEAs have 30 days to respond from date of notification with federal statutory and/or state reconsiderations to the Division of Federal Fiscal Compliance and Reporting

September  to October 2014

Division of Federal Fiscal Compliance and Reporting reviews LEA responses

October to November 2014

Final FY2012 IDEA-B LEA MOE determinations issued by TEA


Enforcement for FY2009, FY2010, FY2011, and/or FY2012

LEAs must not submit any refunds based on preliminary or final determinations for FY2009, FY 2010, FY2011, or FY2012 until requested by TEA. If a refund is due as a result of the final determination for FY2009, FY2010, FY2011, and/or FY2012, the LEA will receive one enforcement letter indicating the refund amount due to TEA, for each applicable fiscal year, and instructions for submitting the refunds. 

Enforcement and Anticipated Timeline for FY2013

IDEA-B LEA MOE determinations for FY2013 will follow the completion of FYs 2009, 2010, 2011, and 2012; timeline below. If a refund is due as a result of the final determination for FY2013, the LEA will receive an enforcement letter indicating the refund amount due to TEA and instructions for submitting the refund. 

MOE for FY2013 (School Year 2012-2013)

December 2014

TEA issues FY2013 IDEA-B LEA MOE preliminary compliance determinations (compliant and noncompliant statuses)

January 2015

Preliminary noncompliant LEAs have 30 days to respond from date of notification with statutory exceptions and/or state reconsiderations to the Division of Federal Fiscal Compliance and Reporting

February to March 2015

Division of Federal Fiscal Compliance and Reporting reviews LEA responses

March 2015

Final FY2013 IDEA-B LEA MOE determinations issued by TEA

FY2014 and Beyond

Beginning with FY2014, IDEA-B LEA MOE determinations will be issued on a routine schedule in late spring of the school year following the end of the fiscal year, e.g., April to July 2015, for FY2014.

Contact Information

If you have any questions regarding this letter, please contact the Division of Federal Fiscal Compliance and Reporting at (512) 463-9127 or compliance@tea.state.tx.us.

Sincerely,

Cory Green, Chief Grants Administrator

Division of Grants Administration

C:        Robert Durón, Deputy Commissioner, Finance and Administration
Nora Ibáñez Hancock, Associate Commissioner, Grants and Federal Fiscal Compliance
Michael Rigby, Associate Deputy General Counsel
Eric Marin, Attorney
Gene Lenz, Director, Federal and State Education Policy
Mara Ash, Senior Director, Federal Fiscal Compliance and Reporting
Yolanda Cantu, Senior Director, Grants Administration

Page last modified on 10/1/2013 08:40:16 AM.