POLICY LETTER: August 1, 2003 to Washington State Audit Manager Brad White
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August 1, 2003 to Washington State Audit Manager Brad White (MS Word)
MS WORDAugust 1, 2003 to Washington State Audit Manager Brad White (PDF)
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August 1, 2003 to Washington State Audit Manager Brad White (MS Word)
Dated August 1, 2003Mr. Brad WhiteAudit ManagerWashington State Auditor's OfficeP.O. Box 40021Olympia, Washington 98504-0021Dear Mr. White:Mr. Hugh Monahan at the U.S. Department of Education, Office of the Inspector General, forwarded your electronic correspondence seeking clarification regarding a maintenance of effort issue to the Office of Special Education Programs for response. In your correspondence you indicate that you have identified a local education agency (LEA) that appears not to be in compliance with the maintenance of effort requirement under 34 CFR 300.231. You report the LEA explained that its failure to meet the maintenance of effort requirement is due to a reduction in retirement rates paid to certified staff in Fiscal Year (FY) 2002 from the rates paid in FY2001. You specifically ask whether a change in retirement rates falls under 34 CFR 300.232(a)(1) and therefore qualifies as an acceptable reason for failing maintenance of effort.As you point out in your correspondence, the regulations implementing Part B of the Individuals with Disabilities Education Act (IDEA) contain exceptions to the general rule that funds provided to an LEA under Part B may not be used to reduce the level of expenditures for the education of children with disabilities made by the LEA from local funds below the level of those expenditures for the preceding fiscal year. 34 CFR 300.231(a). See also 613(a)(2)(A)(iii). The regulations provide that the LEA may reduce its level of expenditures under Part B of the Act below the level of those expenditures for the preceding fiscaSincerely,/s/ Patricia J. Guard forStephanie S. LeeDirectorOffice of Special Education Programscc:Hugh Monaghan U.S. Department of EducationDr. Douglas Gill Washington Office of Superintendent of Public InstructionPage PAGE 2 Mr. Brad White
TOPIC ADDRESSED: Maintenance of Effort |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
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Last modified on April 27, 2017