View FileNovember 13, 2009 to Iowa Department of Education Chief Lana Michelson and Legal Consultant Thomas A. Mayes (MS Word)
November 13, 2009Lana Michelson, ChiefThomas A. Mayes, Legal ConsultantStudent and Family Support ServicesIowa Department of EducationGrimes State Office Building400 E 14th StreetDes Moines, IA 50319-0146Dear Ms. Michelson and Mr. Mayes:This is in response to your letter to me and Philip H. Rosenfelt, dated May 11, 2009, regarding guidance on Part B of the Individuals with Disabilities Education Act (IDEA-B) and the American Recovery and Reinvestment Act of 2009 (ARRA) dated April 13, 2009, specifically Question D-7. Your letter states that you believe the U.S. Department of Education (Department) is in error in its guidance to States when it interpreted provisions of law to mean that a State educational agency (SEA) must prohibit a local educational agency (LEA) from taking advantage of the maintenance of effort (MOE) reduction under IDEA section 34 CFR 300.205 if an LEA is determined to have significant diSincerely,/s/Patricia J. GuardActing DirectorOffice of Special Education ProgramsPage PAGE * MERGEFORMAT 2 Ms. Lana Michelson, Chief and Mr. Thomas A. Mayes, Legal Consultant
