Resources

This OSEP letter clarifies the liability a state faces if it fails to meet the MOE requirement under Part C of the IDEA. It describes how the payback amounts are calculated when a failure occurs and explains how the state must pay back the amount by which it failed to maintain effort. The state may not decline to draw down all of its federal IDEA Part C award funds to offset the amount of the failure, and the repayment must be made with non-federal funds or federal funds for which accountability to the federal government is not required. Please also see Letter to Moser and Kuester.