POLICY LETTER: August 20, 2012 to Survival Coalition of Wisconsin Disability Organizations

August 20, 2012Ms. Beth SwedeenMr. Lynn BreedloveMs. Maureen RyanCo-ChairsSurvival Coalition of Wisconsin Disability Organizations 131 West Wilson Street, Suite 700Madison, Wisconsin 53703Dear Ms. Swedeen, Mr. Breedlove, and Ms. Ryan:This is in response to your December 1, 2011 letter to me, in which you raised issues regarding Wisconsin's implementation of the requirements of Part B of the Individuals with Disabilities Education Act (IDEA or Part B) regarding local maintenance of effort (MOE). Those requirements are in section 613(a)(2)(A) (iii), (B) and (C) of the IDEA and its implementing regulations in 34 CFR 300.203 through 300.205. In your letter, you indicate that a group of Wisconsin's school districts are actively seeking to amend the IDEA to permit waivers of the MOE requirement beyond those exceptions and adjustments currently allowed by law. I apologize for the delay in responding; the Office of Special Education Programs (OSEP) was following up with the Wisconsin Department of Public Instruction (WDPI) on this matter. You are concerned that legislation enacted by the Wisconsin State Legislature may put pressure on school districts to reduce funding for the education of children with disabilities. In order to ensure that school districts do not improperly reduce such funding, you suggest that OSEP in the U.S. Department of Education (Department) reinforce with the State of Wisconsin that local educational agencies (LEAs) must meet local MOE requirements and that the State must monitor LEAs on an annual basis to ensure that they meet those requirements. We assure you that the Department takes the local MOE requirements in IDEA seriously. Under section 613(a)(2)(A)(iii) of the IDEA and 34 CFR 300.203(a), Part B funds provided to an LEA must 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. Section 613(a)(2)(B) and (C) and 3We believe that Dr. Petska's letter demonstrates that WDPI is taking actions, including monitoring and providing technical assistance, on matters related to the local MOE requirements of the IDEA. We appreciate your sharing these concerns with the Department. Please feel free to contact me if we can be of further assistance.Sincerely,/s/ Melody MusgroveMelody Musgrove, Ed.D.DirectorOffice of Special Education ProgramsEnclosurecc: Dr. Stephanie Petska Page 2 - Ms. Beth Swedeen, Mr. Lynn Breedlove, and Ms. Maureen Ryan