LEA Preparation for 2014–2015 Preliminary IDEA-B LEA MOE Compliance Reviews

Word version

March 3, 2016

TO THE ADMINISTRATOR ADDRESSED:

SUBJECT: LEA Preparation for 2014–2015 Preliminary IDEA-B LEA MOE Compliance Reviews

The purpose of this letter is to provide local educational agencies (LEAs) the following information related to Individuals with Disabilities Education Act, Part B (IDEA-B) LEA maintenance of effort (MOE):

  • Anticipated date for release of 2014–2015 preliminary IDEA-B LEA MOE Compliance Reviews
  • Timeline for LEA response to preliminary reviews
  • Request for LEA response to a survey identifying a primary contact for communications regarding 2014–2015 IDEA-B LEA MOE

TEA anticipates releasing final IDEA-B LEA MOE determinations in May 2016.

Anticipated Release of 2014–2015 Preliminary IDEA-B LEA MOE Compliance Reviews

TEA plans to release 2014–2015 preliminary IDEA-B LEA MOE Compliance Reviews in early April 2016. LEAs will access the reports through the secure GFFC Reports and Data Collections application.

Timeline for LEA Response to Preliminary Compliance Reviews

LEAs will have five business days from the date the 2014–2015 preliminary IDEA-B LEA MOE Compliance Reviews are published in GFFC Reports and Data Collections to submit any of the following:

  • Applicable federal statutory exceptions
  • Adjustment to fiscal effort
  • Local methodology with supporting documentation for validation and approval in the final calculation

To help LEAs ensure they are prepared to respond within the required five business days, TEA encourages LEAs to begin reviewing and compiling any documentation planned to be submitted to TEA.

The following federal statutory exceptions and/or adjustment to fiscal effort considerations are allowable:

  • The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel
  • A decrease in the enrollment of children with disabilities
  • The termination of the obligation of the agency, consistent with this part, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the State Education Agency (SEA), because the child has left the jurisdiction of the agency; has reached the age at which the obligation of the agency to provide FAPE to the child has terminated; or no longer needs the program of special education. An exceptionally costly program to a particular child with a disability is the amount greater than $8,865.
  • The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities
  • The assumption of cost by the high cost fund operated by TEA under Title 34 Code of Federal Regulations (CFR) 300.704(c)
  • The adjustment to fiscal effort provision under Title 34 CFR 300.205

For more detailed information on allowable exceptions and considerations, please refer to the IDEA-B LEA MOE Guidance Handbook, posted on the IDEA-B LEA MOE page of the TEA website.

For information on recent updates to the handbook, refer to the To The Administrator Addressed letter posted to the TEA Correspondence page December 10, 2015.

Survey Collection of LEA Contact Information

To expedite the review process, TEA requests that LEAs complete an online survey to identify the primary contact person for communications regarding the preliminary compliance review. Complete the survey with the following information:

  • LEA name, county-district number, and region number
  • LEA contact name and title
  • Direct phone number (with extension, if applicable)
  • E-mail address

Submit the completed survey no later than March 31, 2016.

For Further Information

With any questions regarding this letter, email compliance@tea.texas.gov.

Sincerely,

Ed Santiago, Senior Director
Division of Federal Fiscal Compliance and Reporting