This OSERS web page contains materials pertaining to MFS waivers. The site includes states’ requests for one-year waivers of the IDEA MFS requirement and the department’s response to each request. Descriptions of the waiver process and criteria used to evaluate state requests are also included.
Letter to Atkins-Lieberman
Explains that IDEA has no allowance for reduction of maintenance of state financial support based on a change to the state’s age range of children for whom the provision of a free appropriate public education (FAPE) is mandated.
Letter to East June 14, 2010 re: MFS*
Clarifies that the word “State” in “State Financial Support” from the governing regulation does not mean only the state educational agency (SEA), but means any state agency (e.g., the state department of health and human services). This is consistent with the portion of the regulation stating that “Agencies in the State other than the SEA [have the responsibility] to provide, or pay for some or all of the costs of a free appropriate public education for any child with a disability in the State.” See §612(a)(18)(A) and §612(a)(11)(B) of IDEA.
* Not to be confused with Letter to East 6/16/2011 LEA MOE, rescinded by Letter to Boundy
OSEP Memo 10-5
Clarifies the term “State financial support.” In calculating MFS, the state must also include state funds provided by all state agencies that provide or pay for special education and related services to students. See 34 CFR §300.163.
Quick Reference Guide on Coordinated Early Intervening Services
This three-page quick reference guide helps SEAs, LEAs, and stakeholders understand basic CEIS requirements stipulated in IDEA. Created by CIFR in collaboration with the IDEA Data Center, it describes the requirements for the provision of CEIS, the use of CEIS funds, the interaction of CEIS funds and LEA maintenance of effort reduction, and reporting obligations. It concludes with questions and additional resources for states to consider.
Coordinated Early Intervening Services (CEIS) Fiscal and Student Data Tracker
The CEIS Fiscal and Student Data Tracker helps states and LEAs report on fiscal, service, and student CEIS data at the state, LEA, school, and provider levels. In accordance with IDEA regulations, the Tracker helps users collect data on the areas of significant disproportionality requiring CEIS spending, whether an LEA provided voluntary or comprehensive CEIS, amounts of IDEA funds reserved and expended, types of CEIS activity, students receiving CEIS, and if and when those students are found eligible for special education and related services.
CEIS Practice Guide: Examples of Fiscal and Child Tracking for Voluntary and Comprehensive Coordinated Early Intervening Services (CEIS)
Developed jointly by IDC and CIFR, this practice guide provides examples of voluntary and comprehensive CEIS, including scenarios for providing professional development and providing CEIS over multiple years. For each scenario, the practice guide describes how the LEA or state could document the amount the LEA reserved for voluntary or comprehensive CEIS; the activities conducted using IDEA funds for voluntary or comprehensive CEIS; the target group of children; and ongoing child-level data about special education identification.
A Comparison of Mandatory Comprehensive Coordinated Early Intervening Services (CCEIS) and Voluntary Coordinated Early Intervening Services (CEIS)
This chart, issued by the IDEA Data Center, outlines the differences in key elements between voluntary coordinated early intervening services and required comprehensive coordinated early intervening services (CCEIS) key elements. The key elements compared are grade level, ages, and groups served; funds; permitted activities; and reporting requirements. The chart also provides citations for IDEA regulations.
Letter to Lovato
This letter responds to questions about the use of MOE exceptions using examples of a provider who is a consultant and leaves the LEA. The letter explains that an LEA may take the exception under 34 CFR §300.204(a) for the voluntary departure, or departure for just cause, regardless of whether a special education teacher or related services provider is an employee of the public agency or an independent contractor.
Issuance of Guidance on the Final Local Educational Agency (LEA) Maintenance of Effort (MOE) Regulations under Part B of the Individuals with Disabilities Education Act (IDEA)
This question-and answer-document explains (1) the eligibility standard; (2) the compliance standard; (3) the subsequent years rule; and (4) the consequences for an LEA’s failure to maintain effort. The document also describes the actions that SEAs and LEAs must take to meet the MOE eligibility and compliance standards, answers frequently asked questions about LEA MOE, and shares examples to facilitate and enhance SEA and LEA understanding of LEA MOE.