Maintenance of State Financial Support (MFS) Toolkit

Developed by CIFR, the Maintenance of State Financial Support (MFS) Toolkit contains four tools to help state educational agencies (SEAs) with MFS: the Quick Reference Guide (QRG), the Funding Flow Ideograph Tool (FFIT), the Timeline Development Tool (TDT), and the Data Collection and Reporting Tool (DCRT). The QRG outlines the basic information about MFS. The FFIT allows users to create a graphic description of the state’s fiscal support system. The TDT allows users to create a timeline and to document their process for collecting MFS data. The DCRT allows users to enter funds data from the SEA and other state agencies to help meet MFS reporting requirements.

Quick Reference Guide on IDEA Maintenance of State Financial Support

Developed by CIFR, this two-page quick reference guide assists states and stakeholders in better understanding the basics of the maintenance of state financial support (MFS) requirements stipulated in the IDEA. The guide describes the requirements, types of financial support states may make available, reporting obligations, and MFS waivers. It concludes with questions and additional resources for states to consider.

Letter to Koch

This letter responds to questions from the Illinois State Board of Education regarding whether proposed language for Illinois education appropriations is consistent with the provisions related to maintenance of state financial support (MFS) in IDEA. Given the appropriations language, the state asks if they would be penalized for not meeting MFS requirements if a local education agency (including a state-authorized charter school) fails to expend the amount allocated by the state for special education and related services. The letter explains the history and purpose of the MFS requirement and responds to the state’s question.

Link > http://cifr.wested.org/wp-content/uploads/2015/08/IL-SEA-MOE-OSEP-Response-12-17-14.pdf

State Maintenance of Financial Support Waivers under Part B

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.

Link > https://www2.ed.gov/policy/speced/guid/idea/monitor/smfs-partb-waivers.html

Letter to Morton

This letter to the Illinois Department of Human Services, clarifies whether certain non-federal expenditures under the Vocational Rehabilitation (VR) program may be used for calculating the VR maintenance of effort requirement. It further speaks to the use of those funds in the calculation of maintenance of state financial support for special education under 34 CFR §300.163 as described in the Office of Special Education Programs Memorandum 10-5.

Link > http://cifr.wested.org/wp-content/uploads/2015/11/RSA-response-to-IL-VR-MFS-final-021611.pdf

Process and Criteria Used to Evaluate a Request by States to Waive Maintenance of Effort (MOE) Requirements Under Part B of the Individuals With Disabilities Education Act (IDEA)

This OSEP document provides guidance around the process and criteria used to evaluate state requests for waivers to the maintenance of state financial support requirement.

Link > http://www2.ed.gov/policy/speced/guid/idea/letters/2009-4/directors120209finsupport4q2009.pdf

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.

Link > http://www2.ed.gov/policy/speced/guid/idea/letters/2010-2/atkinslieberman063010mosfinsupport2q2010.pdf

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

Link > http://www2.ed.gov/policy/speced/guid/idea/letters/2010-2/east061410mosfinsupport2q2010.pdf

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.

Link > http://www2.ed.gov/policy/speced/guid/idea/letters/2009-4/directors120209finsupport4q2009.pdf