POLICY LETTER: April 4, 2012 to Center for Law and Education Co-Director Kathleen Boundy

April 4, 2012Ms. Kathleen BoundyCenter for Law and Education99 Chauncy StreetSuite 700Boston, MA 02111Dear Ms. Boundy:This letter is in response to your letter of August 17, 2011, regarding the local maintenance of effort requirement in section 613(a)(2)(A)(iii), (B) and (C) of the Individuals with Disabilities Education Act (IDEA) and our response on June 16, 2011, to a question raised by Dr. Bill East, Executive Director of the National Association of State Directors of Special Education. This earlier correspondence concerned the level of effort required of a local educational agency (LEA) in the year after it fails to maintain effort under section 613(a)(2)(A)(iii), (B) and (C) of the IDEA. In our June 16th letter to Dr. East, the Department stated that, in the absence of an explicit alternative rule, an LEA would be obligated only to meet a level of effort equal to the amount it expended in the prior year, even if it had not maintained effort in the prior year. After further review, we have determined 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 t/s/Alexa Posny, Ph.D.Assistant SecretaryOffice of Special Education and Rehabilitative ServicesMelody Musgrove, Ed.D.DirectorOffice of Special Education Programs