View FileOctober 30, 2009 to Montana Office of Public Instruction Director of Special Education Tim Harris (MS Word)
October 30, 2009Mr. Tim HarrisDirector of Special EducationMontana Office of Public InstructionP.O. Box 202501Helena, MT 59620-2501Dear Mr. Harris:This is in response to the April 20, 2009 letter to me from Mr. Bob Runkel, former Acting Deputy Superintendent, regarding guidance on the Individuals with Disabilities Education Act Part B (IDEA-B) American Recovery and Reinvestment Act (ARRA) dated April 13, 2009, specifically Question D-7. His 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 613(a)(2)(C) if the LEA's determination is Needs Assistance, Needs Intervention, or Needs Substantial Intervention and that the SEA should be required to prohibit an MOE reduction under section 613(a)(2)(C) only when an SEA has taken action against an LEA under section 616, consistent with the provision in section 613(a)(2)(C)(iii). He further states his belief that our interpretation has adverse consequences for both students and schools in that it may result in LEAs being less likely to provide additional support for special education and related services in the future and will not allow affecte/s/Patricia J. GuardActing DirectorOffice of Special Education Programsge PAGE * MERGEFORMAT 2 Mr. Tim Harris
