maintenance of effort (moe) for special education ... · determining data needed to complete the...
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3/27/2018
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Maintenance of Effort (MOE) for Special Education:
Analysis of Fiscal Year 2017 Compliance
Denise Dusek, MPA
Federal Funding Specialist
Education Service Center, Region 20
March 26, 2018
Revised Slides 17, 66, 87, 94
Learning Objectives
Basic requirements of MOE
How to determine FY17 compliance
Education Service Center, Region 20 | March 2018 2
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MOE WorkshopsThree workshops given annually, each covering a different aspect of MOE:
September workshop – Compliance Standard:
Monitoring current year expenditures for compliance
Determining previous year compliance based on final expenditures
March workshop – Compliance Standard:
Determining previous year compliance based on official TSDS PEIMS records
April workshop – Eligibility Standard & Compliance Standard:
Determining data needed to complete the BS6016 Fiscal Compliance Schedule of the Special Education Consolidated Grant application for the upcoming year
Determining preliminary current year compliance based on year‐to‐date expenditures, so adjustments can be made if necessary before the fiscal year end
Education Service Center, Region 20 | March 2018 3
Basic Requirements
Education Service Center, Region 20 | March 2018 4
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What is MOE? Does it apply to my LEA?
A federal requirement
that affects how an LEA
budgets and spends their
State and/or Local funds (general funds)
on special education
Education Service Center, Region 20 | March 2018
34 CFR §300.203
*N/A to RDSPD (Regional Day School Program for the Deaf) SSA
or VI (Visual Impairment) Cooperatives
Applicable to all LEAs that receive IDEA‐B funds, even if indirectly as a member of a
special education SSA*
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MOE Summary – Simplified Definition
Basically,
spend at least the same amount*
every year
from the general fund
for special education
*Unless you qualify for Exceptions and/or Adjustment (Voluntary Reduction)
Otherwise, you will have a “decline in fiscal effort”
and will be noncompliant with MOE
Education Service Center, Region 20 | March 2018 6
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YEAR:EXPENDITURES FOR SPECIAL EDUCATION
FROM GENERAL FUND: COMPLIANT?
2015‐2016 $100,000
2016‐2017 $100,000 YES!
LEA is compliant with MOE in FY17 because it spent the same amount in FY17 as it spent in FY16
Education Service Center, Region 20 | March 2018 7
YEAR:EXPENDITURES FOR SPECIAL EDUCATION
FROM GENERAL FUND: COMPLIANT?
2015‐2016 $100,000
2016‐2017 $90,000 NO*
LEA is not compliant with MOE in FY17 because it spent less than the amount spent in FY16.*The LEA did not qualify for exceptions or adjustment to lawfully decrease expenditures in FY17.
Education Service Center, Region 20 | March 2018 8
YEAR:EXPENDITURES FOR SPECIAL EDUCATION
FROM GENERAL FUND: COMPLIANT?
2015‐2016 $100,000
2016‐2017$90,000
(qualified for $10,000 in exceptions)YES!
LEA is compliant with MOE in FY17. Although it spent less than the amount spent in FY16, the LEA qualified for an exception in FY17.
Now, it has set a new, lower base level to meet next year.
YEAR:EXPENDITURES FOR SPECIAL EDUCATION
FROM GENERAL FUND: COMPLIANT?
2015‐2016 $100,000
2016‐2017 $150,000 YES!
LEA is compliant with MOE in FY17. It actually increased it’s spending from FY16 and therefore has set a new, higher base level for spending next year
(unless it qualifies for exceptions/adjustment in FY18).
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Test Your Understanding!MOE Basics
Education Service Center, Region 20 | March 2018 9
Test Your Understanding! MOE Basics – Q1
• Is the LEA compliant with MOE in FY17?
Education Service Center, Region 20 | March 2018 10
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUND: EXCEPTIONS/ADJUSTMENT:
2015‐2016 $100,000
2016‐2017 $110,000 N/A
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Test Your Understanding! MOE Basics – A1
• Is the LEA compliant with MOE in FY17?
YES!
The LEA spent at least the same amount in FY17 that it spent in FY16.
Since it actually spent more, it set a new, higher base level to meet in FY18.
Education Service Center, Region 20 | March 2018 11
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUND: EXCEPTIONS/ADJUSTMENT:
2015‐2016 $100,000
2016‐2017 $110,000 N/A
Test Your Understanding! MOE Basics – Q2
• Is the LEA compliant with MOE in FY17?
Education Service Center, Region 20 | March 2018 12
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUND: EXCEPTIONS/ADJUSTMENT:
2015‐2016 $100,000
2016‐2017 $75,000 N/A
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Test Your Understanding! MOE Basics – A2
• Is the LEA compliant with MOE in FY17?
NO
The LEA spent less in FY17 than it spent in FY16.
The LEA did not qualify for exceptions/adjustment.
Education Service Center, Region 20 | March 2018 13
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUND: EXCEPTIONS/ADJUSTMENT:
2015‐2016 $100,000
2016‐2017 $75,000 N/A
Test Your Understanding! MOE Basics – Q3
• Is the LEA compliant with MOE in FY17?
Education Service Center, Region 20 | March 2018 14
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUND: EXCEPTIONS/ADJUSTMENT:
2015‐2016 $100,000
2016‐2017 $75,000 $25,000
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Test Your Understanding! MOE Basics – A3
• Is the LEA compliant with MOE in FY17?
YES!
Although the LEA spent less in FY17 than it spent in FY16, it qualified for exceptions/adjustment that equaled the amount of the decline in fiscal effort
The LEA set a new, lower base level to meet in FY18
Education Service Center, Region 20 | March 2018 15
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUND: EXCEPTIONS/ADJUSTMENT:
2015‐2016 $100,000
2016‐2017 $75,000 $25,000
Test Your Understanding! MOE Basics – Q4
• Is the LEA compliant with MOE in FY17?
Education Service Center, Region 20 | March 2018 16
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUND: EXCEPTIONS/ADJUSTMENT:
2015‐2016 $100,000
2016‐2017 $75,000 $10,000
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Test Your Understanding! MOE Basics – A4
• Is the LEA compliant with MOE in FY17?
NO
The LEA spent less in FY17 than it spent in FY16.
The LEA had some exceptions/adjustment, but the exceptions/adjustment amount was less than the amount of the decline in effort.
The exceptions/adjustment amount was not enough to bring the LEA into compliance in FY17.
Education Service Center, Region 20 | March 2018 17
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUND: EXCEPTIONS/ADJUSTMENT:
2015‐2016 $100,000
2016‐2017 $75,000 $10,000
Although the $10,000 in exceptions was not enough to bring the LEA into
compliance, it reduces the amount of the refund due to TEA for noncompliance
ExceptionsAllowable Reasons for Decline in Fiscal Effort
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5 ExceptionsLawful reasons for decline in fiscal effort:
1) Departure of Special Education personnel (salary and benefits):
Voluntary Departure (Retired or Resigned) or Terminated for Just Cause or Deceased
2) Decreased enrollment of students with disabilities that results in decreased spending
3) Termination of obligation to provide costly special education program to a particular student who:
Left the LEA; Aged out; or No longer needs the program
Costly Program Defined as $9,570 for 2015‐2016 school yearOnly costs in excess of $9,570 count toward the exception to be
used for decline in effort in 2016‐2017
4) Termination of Costly Expenditures (Capital Outlay)
(N/A to Charter Schools due to method of coding Capital Assets)
5) Assumption of Cost by High Cost Fund (Fund 226)
Education Service Center, Region 20 | March 2018
34 CFR §300.204
For these exceptions, typically the difference
in what was previously spent, compared to the decreased spending
during the year being analyzed, is the amount of the exception the LEA may assert for the decline in effort (Exception for #3 where the
first $9,570 does not count)
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Simplistic Example of Exception 1 Departure of SPED Personnel
2015‐2016 2016‐2017
Amount of Exception for Decreased Spending in FY17
Special Ed Teacher A paid from general fund
$85,000 Total Payroll Costs: Salary and benefits
$0Teacher A retired 6/30/2016; Teacher A not replaced in 16‐17
$85,000
Education Service Center, Region 20 | March 2018 20
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Simplistic Example of Exception 1Departure of SPED Personnel
2015‐2016 2016‐2017
Amount of Exception for Decreased Spending in FY17
Special Ed Teacher B paid from general fund
$75,000Total Payroll Costs: Salary and benefits
Teacher B = $0Teacher B retired 6/30/2016;Teacher C replaces Teacher B in 2016‐2017;Teacher C paid $65,000 Total Payroll Costs from general fund
$10,000
Education Service Center, Region 20 | March 2018 21
Simplistic Example of Exception 2Decreased Enrollment of SPED Students
2015‐2016 2016‐2017
Amount of Exception for Decreased Spending in FY17
$85,000 Total Payroll Costs (Salary and benefits) for SPED Teacher D paid from general fund
SPED Teacher D reassigned to general education in 2016‐2017 due to decreased enrollment of students with disabilities in 2016‐2017
*Note, this situation does not qualify for Exception 1, but qualifies for Exception 2 ifLEA can document that decreased enrollment led to decreased spending
$85,000
Education Service Center, Region 20 | March 2018 22
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Simplistic Example of Exception 3Exceptionally Costly Program for Specific Student
2015‐2016 2016‐2017
Amount of Exception for Decreased Spending in FY17
SPED student receives costly program (one‐on‐one aide) that costs $45,000 paid from the general fund
SPED student graduated May 2016 $35,430
($45,000 minus $9,570)
Education Service Center, Region 20 | March 2018 23
Examples of costly program include, but are not limited to:‐ One‐on‐one paraprofessional or attendant care aide ‐ Educational interpreter‐ Specialized transportation ‐ Hearing impaired teacher‐ Private or public placement (by the IEP team) tuition ‐ Visually impaired teacher
Simplistic Example of Exception 4Costly Expenditures (Capital Outlay)
2015‐2016 2016‐2017
Amount of Exception for Decreased Spending in FY17
LEA purchases equipment from the general fund:
Patient Lift that costs $6,000
This item was not purchased again in 2016‐2017.
Equipment purchased in 2015‐2016 was an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost that equals or exceeds $5,000 or the LEA’s established capitalization level, whichever is less.
$6,000
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Simplistic Example of Exception 5Assumption of Cost by High Cost Fund
2015‐2016 2016‐2017
Amount of Exception for Decreased Spending in FY17
$40,000Special education expenditures for particular high‐need student paid from the general fund
LEA receives a High Cost Fund award in 2016‐2017.
The expenditures paid from the general fund for the high‐need student in 2015‐2016 are assumed by the High Cost Fund received in 2016‐2017.
$40,000
Education Service Center, Region 20 | March 2018 25
Test Your Understanding!Exceptions
Education Service Center, Region 20 | March 2018 26
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Test Your Understanding! Exceptions – Q1
SCENARIO:
• The LEA spent $250,000 from the general fund for special education in FY16
• The LEA spent $200,000 from the general fund for special education in FY17
A special education teacher resigned at the end of the 2015‐2016 school year
and was not replaced.
In FY16, this teacher’s payroll costs of $50,000 were paid from the general fund.
Education Service Center, Region 20 | March 2018 27
Does the LEA qualify for an exception?If so, which exception?
Test Your Understanding! Exceptions – A1
SCENARIO:
• The LEA spent $250,000 from the general fund for special education in FY16
• The LEA spent $200,000 from the general fund for special education in FY17
A special education teacher resigned at the end of the 2015‐2016 school year
and was not replaced.
In FY16, this teacher’s payroll costs of $50,000 were paid from the general fund.
Education Service Center, Region 20 | March 2018 28
Does the LEA qualify for an exception? YES
If so, which exception? EXCEPTION 1
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Test Your Understanding! Exceptions – Q2
SCENARIO:
• The LEA spent $250,000 from the general fund for special education in FY16
• The LEA spent $200,000 from the general fund for special education in FY17
A special education teacher retired at the end of the 2015‐2016 school year
and was not replaced.
In FY16, this teacher’s entire payroll costs were paid from IDEA‐B.
Education Service Center, Region 20 | March 2018 29
Does the LEA qualify for an exception?If so, which exception?
Test Your Understanding! Exceptions – A2
SCENARIO:
• The LEA spent $250,000 from the general fund for special education in FY16
• The LEA spent $200,000 from the general fund for special education in FY17
A special education teacher retired at the end of the 2015‐2016 school year
and was not replaced.
In FY16, this teacher’s entire payroll costs were paid from IDEA‐B.
Education Service Center, Region 20 | March 2018 30
Does the LEA qualify for an exception? NO Teacher was paid from federal funds
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Test Your Understanding! Exceptions – Q3
SCENARIO:
• The LEA spent $250,000 from the general fund for special education in FY16
• The LEA spent $200,000 from the general fund for special education in FY17
Due to budget cuts for FY17, the LEA did not renew a special education teacher’s
contract for the 2016‐2017 school year.
In FY16, this teacher’s payroll costs of $50,000 were paid from the general fund.
Education Service Center, Region 20 | March 2018 31
Does the LEA qualify for an exception?If so, which exception?
Test Your Understanding! Exceptions – A3SCENARIO:
• The LEA spent $250,000 from the general fund for special education in FY16
• The LEA spent $200,000 from the general fund for special education in FY17
Due to budget cuts for FY17, the LEA did not renew a special education teacher’s contract for the 2016‐2017 school year.
In FY16, this teacher’s payroll costs of $50,000 were paid from the general fund.
Education Service Center, Region 20 | March 2018 32
Does the LEA qualify for an exception?
Exception 1 ‐ NO Personnel must voluntarily depart or be terminated for just cause.
Not renewing a contract does not qualify for Exception 1.
However, if the LEA had a decrease in their enrollment of students with disabilities in 2016‐2017 and can justify that the decreased enrollment resulted in a situation where the teacher was no longer needed, the
decline in fiscal effort might qualify for Exception 2
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Test Your Understanding! Exceptions – Q4
SCENARIO:
• The LEA spent $250,000 from the general fund for special education in FY16
• The LEA spent $200,000 from the general fund for special education in FY17
In 2015‐2016, a special education teacher’s payroll costs of $50,000 were paid from the
general fund.
Due to decreased enrollment of students with disabilities in the 2016‐2017 school year,
the LEA no longer needed this special education teacher.
Therefore, the LEA reassigned this teacher to teach GT classes 100% of the time in FY17.
Education Service Center, Region 20 | March 2018 33
Does the LEA qualify for an exception?If so, which exception?
Test Your Understanding! Exceptions – A4
SCENARIO:
• The LEA spent $250,000 from the general fund for special education in FY16
• The LEA spent $200,000 from the general fund for special education in FY17
In 2015‐2016, a special education teacher’s payroll costs of $50,000 were paid from the
general fund.
Due to decreased enrollment of students with disabilities in the 2016‐2017 school year,
the LEA no longer needed this special education teacher.
Therefore, the LEA reassigned this teacher to teach GT classes 100% of the time in FY17.
Education Service Center, Region 20 | March 2018 34
Does the LEA qualify for an exception? YESIf so, which exception? EXCEPTION 2
This situation would not qualify for Exception 1; It only qualifies for
Exception 2
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Test Your Understanding! Exceptions – Q5
SCENARIO:
• The LEA spent $250,000 from the general fund for special education in FY16
• The LEA spent $230,000 from the general fund for special education in FY17
In 2015‐2016, the LEA spent $20,000 to provide FAPE to a particular student with disabilities.
The student left the district at the end of the 2015‐2016 school year.
Education Service Center, Region 20 | March 2018 35
Does the LEA qualify for an exception?If so, which exception?
Test Your Understanding! Exceptions – A5
SCENARIO:
• The LEA spent $250,000 from the general fund for special education in FY16
• The LEA spent $230,000 from the general fund for special education in FY17
In 2015‐2016, the LEA spent $20,000 to provide FAPE to a particular student with disabilities.
The student left the district at the end of the 2015‐2016 school year.
Education Service Center, Region 20 | March 2018 36
Does the LEA qualify for an exception? NOAlthough departure of a particular child with a disability may qualify for Exception 3, the dollar amount of the exception is limited to the amount spent in excess of TEA’s definition of a costly program. The costly program definition for FY16 was $9,570. Therefore, the exception amount for this student is only $10,430 ($20,000‐$9,570),
which is not enough to bring the LEA into compliance.
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Test Your Understanding! Exceptions – Q6
SCENARIO:
• The LEA spent $250,000 from the general fund for special education in FY16
• The LEA spent $239,570 from the general fund for special education in FY17
In 2015‐2016, the LEA spent $20,000 to provide FAPE to a particular student with disabilities.
The student left the district at the end of the 2015‐2016 school year.
Education Service Center, Region 20 | March 2018 37
Does the LEA qualify for an exception?If so, which exception?
Test Your Understanding! Exceptions – A6
SCENARIO:
• The LEA spent $250,000 from the general fund for special education in FY16
• The LEA spent $239,570 from the general fund for special education in FY17
In 2015‐2016, the LEA spent $20,000 to provide FAPE to a particular student with disabilities.
The student left the district at the end of the 2015‐2016 school year.
Education Service Center, Region 20 | March 2018 38
Does the LEA qualify for an exception? YESThe dollar amount of Exception 3 is limited to the amount spent in excess of TEA’s definition of a costly program. The costly program definition for FY16 was $9,570. Therefore, the exception amount for this student is $10,430 ($20,000‐$9,570).
The decline in fiscal effort was $10,430 ($250,000‐$239,570).
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Adjustment (Voluntary Reduction)Allowable Reason for Decline in Fiscal Effort
Education Service Center, Region 20 | March 2018 39
Voluntary Reduction(Adjustment to Local Fiscal Effort)
An LEA may deliberately reduce their special education expenditures from the general fund if they choose to do so and meet the eligibility criteria to exercise this option
Education Service Center, Region 20 | March 2018
34 CFR §300.205
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Voluntary Reduction(Adjustment to Local Fiscal Effort)
Must meet all three criteria to be eligible for Voluntary Reduction:
1) Increase in IDEA‐B Formula FinalEntitlement from the previous grant year to the current grant year
2) Determination Level of “Meets Requirements”
3) Not identified as having significant disproportionality based on race or ethnicity
Education Service Center, Region 20 | March 2018
If all three criteria are met, you may deliberately reduce spending
for special education from the general fund
by up to half the amount of the increase in IDEA‐B entitlement.
However, that amount of “Freed Up” funds must be spent on Title I type activities and must be documented
34 CFR §300.205
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Simplistic Example for Taking Voluntary Reduction in FY17
2015‐2016 IDEA‐B Final Formula Entitlement $500,000
2016‐2017 IDEA‐B Final Formula Entitlement $550,000
Increase in IDEA‐B Entitlement $50,000
50% of Increase (“Freed Up” Funds) $25,000
2015‐2016 Expenditures for special education from the general fund $100,000
2016‐2017 Expenditures for special education from the general fund may lawfully be reduced to this lower amount
$75,000*
Education Service Center, Region 20 | March 2018
*Provided that: The LEA also met the other 2 criteria for Voluntary Reduction:
• Meets Requirements; and Not Identified with Significant Disproportionality based on Race and Ethnicity The LEA chooses to exercise this option to deliberately reduce their special education expenditures with State and/or Local funds and
spends the “freed up” funds on Title I type activities If the LEA also reserves a portion of their 2016‐2017 IDEA‐B Entitlement for CEIS purposes, they may not use the entire amount of the
“freed up” funds to reduce special education expenditures with State and/or Local funds for MOE purposes
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Test Your Understanding!Voluntary Reduction
Education Service Center, Region 20 | March 2018 43
Test Your Understanding! Voluntary Reduction – Q1
SCENARIO:
• The LEA’s IDEA‐B Final Entitlement was $1,500,000 in FY16
• The LEA’s IDEA‐B Final Entitlement was $1,000,000 in FY17
• The LEA had a determination of Meets Requirements
• The LEA was not identified with Significant Disproportionality based on Race or Ethnicity
Education Service Center, Region 20 | March 2018 44
Does the LEA qualify for Voluntary Reduction in FY17?
If so, by how much can the LEA reduce it’s spending with State/Local funds?
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Test Your Understanding! Voluntary Reduction – A1
SCENARIO:
• The LEA’s IDEA‐B Final Entitlement was $1,500,000 in FY16
• The LEA’s IDEA‐B Final Entitlement was $1,000,000 in FY17
• The LEA had a determination of Meets Requirements
• The LEA was not identified with Significant Disproportionality based on Race or Ethnicity
Education Service Center, Region 20 | March 2018 45
Does the LEA qualify for Voluntary Reduction in FY17? NONo increase in IDEA‐B entitlement
If so, by how much can the LEA reduce it’s spending with State/Local funds? N/A
Test Your Understanding! Voluntary Reduction – Q2
SCENARIO:
• The LEA’s IDEA‐B Final Entitlement was $1,500,000 in FY16
• The LEA’s IDEA‐B Final Entitlement was $1,550,000 in FY17
• The LEA had a determination of Meets Requirements
• The LEA was not identified with Significant Disproportionality based on Race or Ethnicity
Education Service Center, Region 20 | March 2018 46
Does the LEA qualify for Voluntary Reduction in FY17?
If so, by how much can the LEA reduce it’s spending with State/Local funds?
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Test Your Understanding! Voluntary Reduction – A2
SCENARIO:
• The LEA’s IDEA‐B Final Entitlement was $1,500,000 in FY16
• The LEA’s IDEA‐B Final Entitlement was $1,550,000 in FY17
• The LEA had a determination of Meets Requirements
• The LEA was not identified with Significant Disproportionality based on Race or Ethnicity
Education Service Center, Region 20 | March 2018 47
Does the LEA qualify for Voluntary Reduction in FY17? YESQualified for all three criteria
If so, by how much can the LEA reduce it’s spending with State/Local funds?
$25,000 (Half the amount of the increase in entitlement)
Test Your Understanding! Voluntary Reduction – Q3
SCENARIO:
• The LEA’s IDEA‐B Final Entitlement was $1,500,000 in FY16
• The LEA’s IDEA‐B Final Entitlement was $1,550,000 in FY17
• The LEA had a determination of Needs Assistance
• The LEA was not identified with Significant Disproportionality based on Race or Ethnicity
Education Service Center, Region 20 | March 2018 48
Does the LEA qualify for Voluntary Reduction in FY17?
If so, by how much can the LEA reduce it’s spending with State/Local funds?
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Test Your Understanding! Voluntary Reduction – A3
SCENARIO:
• The LEA’s IDEA‐B Final Entitlement was $1,500,000 in FY16
• The LEA’s IDEA‐B Final Entitlement was $1,550,000 in FY17
• The LEA had a determination of Needs Assistance
• The LEA was not identified with Significant Disproportionality based on Race or Ethnicity
Education Service Center, Region 20 | March 2018 49
Does the LEA qualify for Voluntary Reduction in FY17? NOMust have determination level of Meets Requirements
If so, by how much can the LEA reduce it’s spending with State/Local funds? N/A
Summary of Exceptions & Adjustment
Education Service Center, Region 20 | March 2018 50
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Exceptions & Adjustment
FIVE EXCEPTIONSVOLUNTARY REDUCTION
(ADJUSTMENT TO LOCAL FISCAL EFFORT)
Situations mostly beyond your controlPlanned reduction;
Deliberate decision to decrease expenditures
Allowable decline in fiscal effort
Documentation must be submitted to TEA for validation/approval during the timeframe for submitting responses after TEA performs their Preliminary Review of Compliance
May use one or all five exceptions in the same year, if applicable; May use both Exceptions and Adjustment in the same year, if applicable
Sets new, lower base level of spending requirement!
Education Service Center, Region 20 | March 2018 51
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUND: EXCEPTIONS/ADJUSTMENT: COMPLIANT?
MINIMUM AMOUNT TO SPEND NEXT YEAR FROM
GENERAL FUND:
2015‐2016 $250,000
2016‐2017 $200,000 None NO $250,000
The LEA is noncompliant in FY17 because it spent less and did not qualify for exceptions and/or adjustment.
Education Service Center, Region 20 | March 2018 52
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUND: EXCEPTIONS/ADJUSTMENT: COMPLIANT?
MINIMUM AMOUNT TO SPEND NEXT YEAR FROM
GENERAL FUND:
2015‐2016 $250,000
2016‐2017 $200,000 $50,000 YES $200,000
The LEA is compliant in FY17. Although it spent less in FY17, it qualified for exceptions and/or adjustment in the amount of the decline in fiscal effort. A new, lower base level is set for the spending requirement for FY18!
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUND: EXCEPTIONS/ADJUSTMENT: COMPLIANT?
MINIMUM AMOUNT TO SPEND NEXT YEAR FROM
GENERAL FUND:
2015‐2016 $250,000
2016‐2017 $200,000 $25,000 NO $250,000
Although the LEA had exceptions/adjustment, the exceptions/adjustment amount was less than the decline in effort. Therefore, the LEA is noncompliant in FY17.
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Test Your Understanding! Exceptions/Adjustment – Q1• Can an LEA use Exceptions and Voluntary Reduction for the same compliance year?
• If the LEA qualifies for Exceptions and/or Adjustment, what happens to their base level of spending?
• What happens to the LEA’s base level of spending if the LEA increases their spending the next year?
Education Service Center, Region 20 | March 2018 53
Test Your Understanding! Exceptions/Adjustment – A1
• Can an LEA use Exceptions and Voluntary Reduction for the same compliance year?
YES
• If the LEA qualifies for Exceptions and/or Adjustment, what happens to their base level of spending?
IT IS SET TO THE NEW, LOWER LEVEL
• What happens to the LEA’s base level of spending if the LEA increases their spending?
IT IS SET TO THE NEW, HIGHER LEVEL
Education Service Center, Region 20 | March 2018 54
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Subsequent Years Rule
Education Service Center, Region 20 | March 2018 55
Subsequent Years Rule
• When you compare spending amounts, you don’t just compare the analysis year to the prior year
• The prior year must be the most recent prior year in which you were compliant with MOE
Education Service Center, Region 20 | March 2018 56
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Subsequent Years RuleComparison of expenditures must be made to the most recent prior year
in which the LEA was compliant with MOE
Education Service Center, Region 20 | March 2018
YEAR:REQUIRED
LEVEL OF EFFORTACTUAL
LEVEL OF EFFORTCOMMENTS
FY15 (2014‐2015) $100,000 $100,000 Met MOE
FY16 (2015‐2016) $100,000 $ 90,000 Failed MOE*
FY17 (2016‐2017) $100,000Must spend at least $100,000 in FY17
because the last year compliant was FY15
*LEA didn’t qualify for exceptions and/or adjustment
34 CFR §300.203
57
Subsequent Years Rule
YEAR:
EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUND
COMPLIANCESTATUS
FY15 (2014‐2015) $100,000
FY16 (2015‐2016) $90,000* Failed MOE
FY17 (2016‐2017) $90,000* Failed MOE
Education Service Center, Region 20 | March 2018
*LEA didn’t qualify for exceptions and/or adjustment
34 CFR §300.203
58
YEAR:
EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUND
COMPLIANCESTATUS
FY15 (2014‐2015) $100,000
FY16 (2015‐2016) $90,000* Failed MOE
FY17 (2016‐2017) $100,000 Met MOE
Meeting MOE is not simply spending the same amount you spent the previous year.
You must spent the same amount you spent in the most recent prior year that was compliant with MOE.
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Test Your Understanding!Subsequent Years Rule
Education Service Center, Region 20 | March 2018 59
Test Your Understanding! Subsequent Years Rule – Q1
How much must the LEA spend in 2016‐2017 to be compliant?
Education Service Center, Region 20 | March 2018 60
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUNDEXCEPTIONS/ADJUSTMENT AMOUNT COMPLIANT?
2014‐2015 $75,000
2015‐2016 $50,000 $0 NO
2016‐2017 ?? $0
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Test Your Understanding! Subsequent Years Rule – A1
How much must the LEA spend in 2016‐2017 to be compliant?
ANSWER: $75,000The LEA must spent at least the same amount it spent the last time it was compliant.
Education Service Center, Region 20 | March 2018 61
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUNDEXCEPTIONS/ADJUSTMENT AMOUNT COMPLIANT?
2014‐2015 $75,000
2015‐2016 $50,000 $0 NO
2016‐2017 $75,000 $0 YES
Test Your Understanding! Subsequent Years Rule – Q2
How much must the LEA spend in 2016‐2017 to be compliant?
Education Service Center, Region 20 | March 2018 62
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUNDEXCEPTIONS/ADJUSTMENT AMOUNT COMPLIANT?
2014‐2015 $75,000
2015‐2016 $50,000 $25,000 YES
2016‐2017 ?? $0
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Test Your Understanding! Subsequent Years Rule – A2
How much must the LEA spend in 2016‐2017 to be compliant?
ANSWER: $50,000Although the LEA spent less in FY16 than it spent in FY15, validated exceptions/adjustment resulted in
compliance in FY16.
The LEA set a new, lower base level of spending for subsequent years.
Education Service Center, Region 20 | March 2018 63
YEAR:EXPENDITURES FOR SPECIAL
EDUCATION FROM GENERAL FUNDEXCEPTIONS/ADJUSTMENT AMOUNT COMPLIANT?
2014‐2015 $75,000
2015‐2016 $50,000 $25,000 YES
2016‐2017 $50,000 $0 YES
Cumulative Exceptions/Adjustment in Intervening Years
Education Service Center, Region 20 | March 2018 64
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Cumulative Exceptions/Adjustment in Intervening Years
If you had some exceptions and/or adjustment, but the amount was not enough to bring you into compliance that year:
• You can use the “unused” exception/adjustment toward a future year, until such time that the amount brings you into compliance
• Think of this “unused” exception/adjustment as a “carry‐forward” to be used toward a subsequent year’s decline in fiscal effort
• If you have several years in a row of noncompliance, and have some exceptions/adjustment amounts during each of those noncompliant years that were not enough to bring you into compliance, you can sum the amounts together to be used toward a future year
Education Service Center, Region 20 | March 2018 65
Exceptions Used in Intervening YearsIf you had exceptions, but the dollar amount wasn’t enough to bring you to compliance, you may use the exception amount toward subsequent years’ reviews, until such time that you are compliant
Education Service Center, Region 20 | March 2018 66
Fiscal Year Expenditures Exceptions Compliant?
2013‐2014 $75,000
2014‐2015 $50,000 $10,000 in FY15 NO
2015‐2016 $65,000 None in FY16 YES
The $10,000 of exceptions in FY15 submitted to TEA during the FY15 Compliance Review was not enough to bring the LEA to compliance.
However, the LEA can use the $10,000 from FY15 toward the FY16 compliance, if needed. The $10,000 is also used to reduce the amount of the refund due to TEA for the FY15 noncompliance.
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Education Service Center, Region 20 | March 2018 67
YEARREQUIRED
EXPENDITURESACTUAL
EXPENDITURESEXCEPTIONS/ ADJUSTMENT
CUMULATIVE EXCEPTIONS FOR
INTERVENING YEARS
ADJUSTEDEXPENDITURES (ACTUAL & EXCEPTION)
COMPLIANT?
2013‐2014 $300,000 $300,000 N/A YES
2014‐2015 $300,000 $200,000 $50,000 $250,000 NO
2015‐2016 $300,000 $200,000 $15,000 $65,000 $265,000 NO
2016‐2017 $300,000 $200,000 $35,000 $100,000 $300,000 YES
2017‐2018 $200,000 $0
• FY 15 and FY16 are noncompliant because the actual expenditures plus the exceptions/adjustment were less than the required level of spending.
• FY16 used “cumulative exceptions/adjustment” by summing the $50,000 exception from FY15 and the $15,000 exception from FY16. However, the cumulative exceptions of $65,000 were not enough to bring the LEA into compliance.
• FY17 used “cumulative exceptions/adjustment” by summing the $50,000 exception from FY15, the $15,000 exception from FY16, and the $35,000 exception from FY17. The cumulative exceptions of $100,000 brought the LEA into compliance in FY17 and set a new, lower base level of $200,000 to meet in FY18.
• Now that the “cumulative exceptions/adjustment” brought the LEA into compliance, the “cumulative” amount is re‐set to zero until such time that the LEA becomes non‐compliant and begins to have exceptions again.
Test Methods and Alternate Methods
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Four Test Methods
Special Education Expenditures based on:
Test 1: Local Funds only
Test 2: Combination of State & Local Funds
Test 3: Local Funds only Per Capita (per SWD*)
Test 4: Combination of State & Local Funds Per Capita (per SWD*)
Education Service Center, Region 20 | March 2018
*SWD = Student with Disabilities
34 CFR §300.203
69
Four Test Methods
Test Method 1 Passed
Test Method 2 Failed
Test Method 3 Failed
Test Method 4 Failed
LEA compliant because it passed at least one test method
Education Service Center, Region 20 | March 2018 70
Test Method 1 Failed
Test Method 2 Failed
Test Method 3 Failed
Test Method 4 Failed
LEA non‐compliant because it failed all four test methods
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Alternate Methods
Comparison must be made to most recent prior year in which the LEA
was compliant with MOE with that particular test
• Compare Test 1 to most recent prior year compliant using Test 1
• Compare Test 2 to most recent prior year compliant using Test 2
• Compare Test 3 to most recent prior year compliant using Test 3
• Compare Test 4 to most recent prior year compliant using Test 4
Education Service Center, Region 20 | March 2018
34 CFR §300.203
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For example:Last year
compliant with Test 1 could be 15‐16, while last year
compliant with Test 2 could be
14‐15
Alternate Methods
FISCAL YEARTEST 1
LOCAL ONLYTEST 2
STATE & LOCALTEST 3
LOCAL ONLY PER CAPITA
TEST 4STATE & LOCALPER CAPITA
FY15 (2014‐2015) $55,000 $120,000 $550/SWD $1,200/SWD
FY16 (2015‐2016)Compliant!
(passed at least one test)
$50,000 (Failed*)
$120,000 (Met)
$500/SWD (Failed*)
$1,250/SWD (Met and established
higher level)
FY17 (2016‐2017)Spend at least $55,000 to be compliant using
Test 1
Spend at least $120,000 to be compliant using
Test 2
Spend at least $550/SWD to be compliant using
Test 3
Spend at least $1,250/SWD to be compliant using
Test 4
In FY17, only need to pass one test, but expenditures for that test must equal or exceed expenditures from the
most recent prior year compliant with that particular test
Education Service Center, Region 20 | March 2018
SWD: Student with Disabilities *LEA didn’t qualify for exceptions and/or adjustment
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Test Your Understanding!Alternate Methods
Education Service Center, Region 20 | March 2018 73
Test Your Understanding!Alternate Methods – Q1
Education Service Center, Region 20 | March 2018 74
Was the LEA compliant with MOE in FY15?If so, which test(s) passed?
FISCAL YEARTEST 1
LOCAL ONLYTEST 2
STATE & LOCALTEST 3
LOCAL ONLY PER CAPITA
TEST 4STATE & LOCALPER CAPITA
FY14 (2013‐2014) $75,000 $300,000 $550/SWD $16,000/SWD
FY15 (2014‐2015) $50,000 $300,000 $500/SWD $17,000/SWD
(The LEA did not qualify for exceptions or adjustment)
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Test Your Understanding!Alternate Methods – A1
Education Service Center, Region 20 | March 2018 75
Was the LEA compliant with MOE in FY15?If so, which test(s) passed?
ANSWER: YES, TESTS 2 and 4
FISCAL YEARTEST 1
LOCAL ONLYTEST 2
STATE & LOCALTEST 3
LOCAL ONLY PER CAPITA
TEST 4STATE & LOCALPER CAPITA
FY14 (2013‐2014) $75,000 $300,000 $550/SWD $16,000/SWD
FY15 (2014‐2015) $50,000 $300,000 $500/SWD $17,000/SWD
(The LEA did not qualify for exceptions or adjustment)
Test Your Understanding!Alternate Methods – Q2
Education Service Center, Region 20 | March 2018 76
How much must the LEA spend in FY16 to meet MOE using Test 1?
FISCAL YEARTEST 1
LOCAL ONLYTEST 2
STATE & LOCALTEST 3
LOCAL ONLY PER CAPITA
TEST 4STATE & LOCALPER CAPITA
FY14 (2013‐2014) $75,000 $300,000 $550/SWD $16,000/SWD
FY15 (2014‐2015) $50,000 $300,000 $500/SWD $17,000/SWD
FY16 (2015‐2016) ?? ?? ?? ??
(The LEA did not qualify for exceptions or adjustment)
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Test Your Understanding!Alternate Methods – A2
Education Service Center, Region 20 | March 2018 77
How much must the LEA spend in FY16 to meet MOE using Test 1?
ANSWER: $75,000
FISCAL YEARTEST 1
LOCAL ONLYTEST 2
STATE & LOCALTEST 3
LOCAL ONLY PER CAPITA
TEST 4STATE & LOCALPER CAPITA
FY14 (2013‐2014) $75,000 $300,000 $550/SWD $16,000/SWD
FY15 (2014‐2015) $50,000 $300,000 $500/SWD $17,000/SWD
FY16 (2015‐2016) $75,000 ?? ?? ??
(The LEA did not qualify for exceptions or adjustment)
Test Your Understanding!Alternate Methods – Q3
Education Service Center, Region 20 | March 2018 78
How much must the LEA spend in FY16 to meet MOE using Test 1?
FISCAL YEARTEST 1
LOCAL ONLYTEST 2
STATE & LOCALTEST 3
LOCAL ONLY PER CAPITA
TEST 4STATE & LOCALPER CAPITA
FY14 (2013‐2014) $75,000 $300,000 $550/SWD $16,000/SWD
FY15 (2014‐2015) $40,000 $265,000 $500/SWD $17,000/SWD
FY16 (2015‐2016) ?? ?? ?? ??
*The LEA qualified for $35,000 in exceptions in FY15
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Test Your Understanding!Alternate Methods – A3
Education Service Center, Region 20 | March 2018 79
How much must the LEA spend in FY16 to meet MOE using Test 1?
ANSWER: $40,000The LEA set a new lower base level with the FY15 exceptions
FISCAL YEARTEST 1
LOCAL ONLYTEST 2
STATE & LOCALTEST 3
LOCAL ONLY PER CAPITA
TEST 4STATE & LOCALPER CAPITA
FY14 (2013‐2014) $75,000 $300,000 $550/SWD $16,000/SWD
FY15 (2014‐2015) $40,000 $265,000 $500/SWD $17,000/SWD
FY16 (2015‐2016) $40,000 ?? ?? ??
*The LEA qualified for $35,000 in exceptions in FY15
Alternate Methods
How can you keep track of the last year compliant for each of the four tests?!
TEA’s “IDEA‐B LEA MOE Compliance Review” posted in GFFC
Page 2 of the Final Review shows the last year compliant with each test
Education Service Center, Region 20 | March 2018 80
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Education Service Center, Region 20 | March 2018 81
Alternate MethodsandCumulative Exceptions/Adjustment in Intervening Years
Education Service Center, Region 20 | March 2018 82
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Alternate Methods and Cumulative Exceptions/Adjustment in Intervening Years
• The “cumulative exceptions/adjustment” amount can be carried forward to use in subsequent years for any failing test, until that particular test passes
• Once a particular test passes, the “cumulative exceptions/adjustment” amount is re‐set to zero for that test, but can still be used toward another failing test, until that other test passes as well
• “Cumulative exceptions/adjustment” can only be used toward a failing test
Education Service Center, Region 20 | March 2018 83
Education Service Center, Region 20 | March 2018 84
FISCAL YEAR
INTERVENINGYEARS
EXCEPTIONS/ ADJUSTMENT
TEST 1LOCAL ONLY
TEST 2STATE & LOCAL
TEST 3LOCAL ONLY PER CAPITA
TEST 4STATE & LOCALPER CAPITA
FY14 (2013‐2014) $75,000 $300,000 $550/SWD $16,000/SWD
FY15 (2014‐2015) $10,000$50,000 (Failed)
$200,000 (Failed)
$500/SWD(Failed)
$15,000/SWD(Failed)
FY16 (2015‐2016) $0
$65,000 spent + $10,000 Intervening
Amt from FY15 (Passed)
$250,000(Failed)
$510/SWD(Failed)
$15,500/SWD(Failed)
FY17 (2016‐2017) $0$65,000(Passed)
$280,000(Failed)
$530/SWD + Intervening Amt from FY15, enough to pass per student (Passed)
$15,750/SWD + Intervening Amt from FY15, enough to pass per student (Passed)
FY18 (2017‐2018) $0$65,000(Passed)
$290,000 spent + $10,000 Intervening
Amt from FY15 (Passed)
$530/SWD(Passed)
(Passed)
$10,000 “Unused” Exceptions from FY15 can no longer be used after FY18 because now all tests have been brought to compliance using the $10,000
Simplified Example
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Summary
Education Service Center, Region 20 | March 2018 85
Summary
MOE simplified definition:
Spend at least the same amount*
for special education
from the general fund
as you spent in the
most recent prior fiscal year
that was compliant with MOE
with the particular test method
*Unless you qualify for Exceptions and/or Adjustment
Education Service Center, Region 20 | March 2018 86
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COMPLIANT NOT COMPLIANT LEA spends the same amount it
spent the previous yearLEA spends less than it spent the
previous year; Does not qualify for exceptions and/or adjustment
LEA spends less than it spent the previous year; Qualifies for exceptions/adjustment that equal the amount of the decrease
LEA spends less than it spent the previous year; Amount of theexceptions/adjustment is less than the amount of the decreased spending (“insufficient exception”)
LEA spends more than it spent the previous year
Education Service Center, Region 20 | March 2018 87
Lower Base Level Set!
Higher Base Level Set!
Exceptions won’t bring LEA into compliance for year in question, but can be used toward compliance in
subsequent years for “failing” tests.“Insufficient exceptions” are also used to decrease the
amount of the refund due to TEA
TEA’s Analysis of Compliance
Education Service Center, Region 20 | March 2018 88
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TEA’s Analysis of Compliance
• TEA performs Preliminary analysis of an LEA’s compliance March ‐ April
• Uses final expenditures uploaded into TSDS PEIMS
• LEAs are given a short timeframe (five business days) to respond with documentation to claim exceptions and/or adjustment if the preliminary results indicate a decline in fiscal effort
• TEA releases Final results around April – June
• Preliminary and Final results are posted in GFFC
Education Service Center, Region 20 | March 2018 89
TEA’s Analysis of Compliance
• TEA posts the Compliance results in GFFC:
• The Preliminary analysis for 2016‐2017 will be posted around the end of March/early April 2018
Education Service Center, Region 20 | March 2018 90
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Determination of Compliance• Be proactive and perform your own self‐analysis with TEA’s Calculation Tool
• Don’t submit your analysis to TEA; maintain locally
• Once TEA posts their 2016‐2017 Preliminary Review (IDEA‐B LEA MOE Compliance Review) in GFFC, compare your results to TEA’s results
• If TEA’s analysis indicates you are non‐compliant, you will have five business days to submit the 2016‐2017 Exceptions Workbook to claim exceptions and/or adjustment, if applicable, to justify the decreased spending
• If you are compliant because you passed at least one test, but have exceptions/adjustment, you may submit the Exceptions Workbook to try to pass all four tests (this is optional, but beneficial)
• TEA will review the workbooks and then determine a Final Analysis
Education Service Center, Region 20 | March 2018 91
Determination of Compliance• 2016‐2017 Final Review expected to be posted in GFFC June 2018
• If you submitted the 2016‐2017 Exceptions Workbook, the Final Review will show the dollar amount of the exceptions/adjustment validated by TEA
• Page 1 of the Final Review, row titled:
“Total exceptions and/or adjustment to fiscal effort validated by TEA”
• Final compliance result will be posted at the bottom of page 1, row titled: “Final compliance result (Pass/Fail)”
• If at least one test result shows “Pass”, you are compliant
Education Service Center, Region 20 | March 2018 92
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Determination of Compliance
This example illustrates an LEA that failed Tests 1 and 2 in the Preliminary Analysis
• Although the LEA passed Tests 3 and 4 and was compliant, the LEA submitted exceptions for Tests 1 and 2
• TEA validated the exceptions/adjustment, with a Final result of passing all four tests
Education Service Center, Region 20 | March 2018 93
Determination of Compliance
• If all four test results for 2016‐2017 indicate “Fail”, you will be required to submit a refund to TEA
• The amount of the refund:o Will be the amount of the failed test with the lowest decline in effort (refunding the lowest amount).
o Will be reduced by the amount of exceptions/adjustment submitted but were insufficient to bring the LEA into compliance
o Will not exceed the amount of your IDEA‐B Final Formula entitlement for the year being analyzed
• TEA will send an enforcement letter with instructions for submitting the refund
• Do not send your payment to TEA until you receive the enforcement letter
Education Service Center, Region 20 | March 2018 94
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Determining FY17 Compliance
Use TEA’s MOE Calculation Tool
Education Service Center, Region 20 | March 2018 95
Must spend from one year to the next:Same amount* At least 100%*
(equal or exceed amt from previous year)
With State/Local Funds Fund 199/420 (& SPED SSAs Fund 437)
For Special Education PICs 23 & 33
Limited to Certain Function CodesFunction Codes: 11, 12, 13, 21, 23, 31, 32, 33, 34, 36, 41, 51, 53
From the Same Source Test Methods for “State & Local” or “Local Only”
*Unless you qualify for Exceptions and/or AdjustmentEducation Service Center, Region 20 | March 2018 96
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TEA Webpage for IDEA‐B MOE
Finance & Grants >
Compliance and Reporting >
IDEA Fiscal Compliance >
IDEA‐B LEA Maintenance of Effort
https://tea.texas.gov/Finance_and_Grants/Grants/Federal_Fiscal_Compliance_and_Reporting/IDEA_Fiscal_Compliance/IDEA‐B_LEA_Maintenance_of_Effort/
Education Service Center, Region 20 | March 2018 97
Education Service Center, Region 20 | March 2018 98
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Page 1 of MOE Calculation ToolIDEA‐B LEA MOE tab
Education Service Center, Region 20 | March 2018 99
Education Service Center, Region 20 | March 2018
The only data entry performed on Page 1 of the Calculation Tool:“LEA Name”, “CDN”, and “Compliance Review Year” at top,
and “Special Education Student Count” for 2016‐2017 near the bottom
Page 1 of MOE Calculation Tool
100
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FY17 Student Count for Page 1 of Calculation Tool
FY17 Special Education Child Count data obtained from
2016‐2017 TSDS PEIMS Fall Collection PDM1‐121‐003
Education Service Center, Region 20 | March 2018
Parameter LEA‐Level Data; Campuses: All
TSDS PEIMS Fall Collection Report
Page 1 of MOE Calculation Tool
101
Page 2 of MOE Calculation ToolIDEA‐B LEA MOE tab
Education Service Center, Region 20 | March 2018 102
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Education Service Center, Region 20 | March 2018
Page 2 of MOE Calculation Tool
103
Obtain Last Compliant Year Data from GFFC
• In GFFC, download the IDEA‐B LEA MOE Compliance Review
• School Year 2015‐2016
• Document dated 6/19/2017• (Final Review)
• Use Page 2 “IDEA‐B LEA MOE Subsequent Year Expenditure and Per‐Capita Expenditure Report” for expenditures amounts from last compliant year
Education Service Center, Region 20 | March 2018 104
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Education Service Center, Region 20 | March 2018 105
Education Service Center, Region 20 | March 2018
Page 2 of 2015‐2016 IDEA‐B LEA MOE Compliance Review (Final, dated 6/19/17)
Page 2 of MOE Calculation Tool
106
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Education Service Center, Region 20 | March 2018
Last Compliant Year Student Count for Page 2 of Calculation Tool
Page 2 of MOE Calculation Tool
107
Locate Student Count for Last Compliant Year on Page 1 of the 2015‐2016 IDEA‐B LEA MOE Compliance Review (Final, dated 6/19/17)
Education Service Center, Region 20 | March 2018
Page 1 of Compliance Review
Page 1 of 2015‐2016 MOE Compliance Review (Final, dated 6/19/17)
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Education Service Center, Region 20 | March 2018
Page 1 of 2015‐2016 MOE Compliance Review (Final, dated 6/19/17)
Page 2 of MOE Calculation Tool
If 2015‐2016 was last compliant year for Test 3 or Test 4, the Student Count would be 145
Last Compliant Year Student Count
109
Page 2 – Last Compliant Year (Student Count)
Education Service Center, Region 20 | March 2018
• In this example of the 2015‐2016 Final Compliance Review:
• If Test 3 and/or 4’s last compliant year indicated on page 2 of the MOE Review was 2013‐2014, the LEA would enter 58 as the child count on page 2 of the spreadsheet
• If Test 3 and/or 4’s last compliant year indicated on page 2 of the MOE Review was 2014‐2015, the LEA would enter 51 as the child count on page 2 of the spreadsheet
• If Test 3 and/or 4’s last compliant year indicated on page 2 of the MOE Review was 2015‐2016, the LEA would enter 58 as the child count on page 2 of the spreadsheet
This example illustrates three different years of Student Count data
110
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Education Service Center, Region 20 | March 2018
Cumulative Exceptions/Adjustments Intervening Years column; Page 2 Calculation Tool
In this example, data entry is not allowed for Test 1 and Test 2 since last compliant year was 2015‐2016.Data entry is allowed for Test 3 and Test 4 since last compliant year was 2014‐2015
Page 2 of MOE Calculation Tool
111
Cumulative Exceptions/Adjustments Intervening Years
• These are Exceptions and/or Adjustment to Fiscal Effort (Voluntary Reduction) submitted to TEA in previous years, but the amounts were not enough to bring the LEA into compliance that year
• These amounts can be used toward FY17 compliance
• Amounts are found on Page 1 of the MOE Compliance Review (Final)
• Detailed instructions are located in the first tab of the Calculation Tool
Education Service Center, Region 20 | March 2018 112
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Education Service Center, Region 20 | March 2018
Amount of Cumulative Exceptions/Adjustments, Intervening Years: Enter the sum amount of all cumulative exceptions and/or adjustment to fiscal effort that the LEA submitted in all intervening years (years since last being compliant) that were validated by TEA but did not bring the LEA into compliance for a test method.
Enter the LEA's cumulative exceptions/adjustments amount, which represents a "carry-forward," only for the test methods with a "Fail" compliance result based on page 1 of the Final IDEA-B LEA MOE Compliance Review from the prior compliance review school year (Excel cells M6, M8, M10, M12).
Note: If an LEA's last compliant school year was 2014-2015, this amount is indicated on Line (i) of your 2015-2016 FINAL IDEA-B LEA MOE Compliance Review.
If the LEA's last compliant school year was 2013-2014, this amount is the sum of the amount on Line (f) of your 2014-2015 FINAL IDEA-B LEA MOE Compliance Review and the amount on Line (i) of your 2015-2016 FINAL IDEA-B LEA MOE Compliance Review.
Be sure to use the totals indicated in the Test 1 or 2 columns and not the per-capita exceptions amounts.
Instructions from Calculation Tool:
113
Education Service Center, Region 20 | March 2018
Page 2 of MOE Calculation Tool
Cumulative Exceptions/Adjustments Intervening Years Page 1 of 2015‐2016 MOE Compliance Review (Final, dated 6/19/17)
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Page 3 of Calculation ToolIDEA‐B LEA MOE tab
Education Service Center, Region 20 | March 2018 115
Education Service Center, Region 20 | March 2018
Page 3 of MOE Calculation Tool
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FY17 Expenditures Data for Page 3 of Calculation Tool
• 2017‐2018 TSDS PEIMS Mid‐Year Collection• PDM2‐101‐002 TSDS PEIMS ACTUAL COMPLIANCE REPORT
• Parameters:• LEA‐level Data
• Unallocated Funds Only
• Campuses: ALL
• Use only the following Function Codes:• 11, 12, 13, 21, 23, 31, 32, 33, 34, 36, 41, 51, 53
• Use PIC 23 (Special Education) and PIC 33 (Pre‐K Special Education)
Education Service Center, Region 20 | March 2018 117
Education Service Center, Region 20 | March 2018
2017‐2018 TSDS PEIMS Mid‐Year Report PDM2‐101‐002
UnallocatedFY17 Expenditures
Page 1PIC 23 Direct Costs
Always use Unallocated
Data
118
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Education Service Center, Region 20 | March 2018
2017‐2018 TSDS PEIMS Mid‐Year Report PDM2‐101‐002
UnallocatedFY17 Expenditures
Page 2PIC 23 IndirectCosts
Payments to the Fiscal Agent of a Shared Services Arrangement (SSA) do NOT count toward MOE.
119
Education Service Center, Region 20 | March 2018
2017‐2018 TSDS PEIMS Mid‐Year Report PDM2‐101‐002
UnallocatedFY17 Expenditures
Page 3PIC 33 Direct Costs
120
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Education Service Center, Region 20 | March 2018
2017‐2018 TSDS PEIMS Mid‐Year Report PDM2‐101‐002
UnallocatedFY17 Expenditures
Page 4PIC 33 Direct Costs
121
Education Service Center, Region 20 | March 2018
Page 3 of MOE Calculation Tool
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Education Service Center, Region 20 | March 2018
ISDs that are members of a Special Education SSA
Page 3 of MOE Calculation Tool
Charter Schools leave this row blank.
ISDs that are not members of a Special Education SSA leave this row blank.
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Education Service Center, Region 20 | March 2018
Data source for amount spent by Fiscal Agent on behalf of members of Special Education SSA:
2017‐2018 TSDS PEIMS Mid‐Year Collection Report PDM2‐100‐015 for FY17 expenditures
Members do not have access to this report.
Ask your Fiscal Agent for this amount.
Only Fund 437!
ISDs that are members of a Special Education SSA
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Education Service Center, Region 20 | March 2018
2017‐2018 TSDS PEIMS Mid‐Year PDM2‐100‐015 (Fiscal Agent FY17 expenditures on behalf of member)
Page 3 of MOE Calculation Tool
Please note: The amount to enter in the “SSA Expenditures Paid on Behalf of Member LEA” cell in the MOE Calculation Tool is the amount the Fiscal Agent spent, using Fund 437, on behalf of the member.
It is not the amount the member paid to the Fiscal Agent coded to Function 93.
Applicable only to ISDs that are members of Special Education SSA
ISDs that are members of a Special Education SSA
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Education Service Center, Region 20 | March 2018
SHARS Reimbursement Expended in Special Education in FY17
All LEAs were required to submit a survey to TEA in the fall of 2017 to inform TEA whether the LEA participated in SHARS Reimbursement (Revenue Code 5931) and, if so, if any of the reimbursement amount was used for subsequent special education expenditures in 2016‐2017.
• If your LEA indicated that it didn’t participate in SHARS, leave this row on the MOE Calculation Tool blank.
• If your LEA indicated that it participated in SHARS but did not spend any portion of the SHARS reimbursement amount for subsequent special education expenditures in 2016‐2017, leave this row on the MOE Calculation Tool blank.
• If your LEA reported a dollar amount on the survey, enter the amount on this SHARS Reimbursement row.
Page 3 of MOE Calculation Tool
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SHARS Reimbursement Expended in Special Education in FY17
• LEAs submitted their data to TEA via a survey instead of GFFC for 2016‐2017
• In prior years, the submission was via GFFC instead of via a survey
• TEA indicated the survey results would be posted in GFFC for ESCs and LEAs to pull the data for purposes of MOE analysis
• As of Friday, 3/23/18, the SHARS Reimbursement data was not available in GFFC
Education Service Center, Region 20 | March 2018 127
Education Service Center, Region 20 | March 2018
Summary of Finances (SOF) Data Applicable to ISDS ONLY
Lower portion of Page 3 of MOE Calculation Tool
Summary of Finances (SOF) data obtained from the 2016‐2017 Summary of Finances report on TEA’s website:https://tea4avfawcett.tea.state.tx.us/Fsp/Reports/ReportSelection.aspx
• First “Near‐Final” SOF (In this example, September 7, 2017 of the 2016‐2017 SOF)
Enter SOF data in the orange cells of the MOE Calculation Tool, lower portion of Page 3
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2016‐2017 SOF, First Near Final version
Lower portion, Page 3 of MOE Calculation Tool
Applicable to ISDs Only
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Summary of Finances (SOF) Data Applicable to Charter Schools ONLY
Lower portion of Page 3 of MOE Calculation Tool
Enter Fund 199 PIC 23 or PIC 33 expenditures, if applicable
Charter Schools do not use Summary of Finances (SOF) data for MOE purposes.
SOF data are only applicable to ISDs as a methodology to determine special education expenditures from local funds.
Most charter schools do not have special education expenditures from local funds.
However, if a charter school receives local funds from donations or fund raising activities, etc., codes to Fund 199, and uses the revenue for special education expenditures, the charter school must enter the dollar amount of the Fund 199 special education expenditures in the applicable section in the lower portion of Page 3 of the MOE Calculation tool.
Otherwise, this section is left blank.
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Determination of Compliance
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Determination of Compliance• After all data entry has been performed in the MOE calculation tool, return to Page 1 to see the compliance results
• The LEA only needs to pass one test to be compliant
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If Decline in Effort:
If your LEA qualifies for exceptions and/or adjustment to local fiscal effort (MOE Voluntary Reduction), complete the 2016‐2017 Exceptions Workbook available on TEA’s webpage
https://tea.texas.gov/Finance_and_Grants/Grants/Federal_Fiscal_Compliance_and_Reporting/IDEA_Fiscal_Compliance/IDEA‐B_LEA_Maintenance_of_Effort/
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Exceptions Workbook
• Complete the 2016‐2017 Exceptions Workbook (if you have qualifying exceptions/adjustment)
• Gather required documentation described in the workbook
• Once TEA releases their Preliminary Review in GFFC, compare your results to TEA’s results
• Upload the completed 2016‐2017 Exceptions Workbook and supporting documentation into GFFC
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Calculation Tool vs Exceptions Workbook
• Calculation Tool is used to determine compliance• LEA completes and maintains locally
• Not submitted to TEA
• Exceptions Workbook is used to submit documentation of exceptions and/or adjustment to TEA to justify decline in fiscal effort
• LEA submits to TEA within five business days of TEA’s posting of Preliminary Review in GFFC
• Do not submit prior to TEA’s posting of Preliminary Review results
• LEA uploads Exceptions Workbook into GFFC
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Bonus SectionUnallocated Expenditures vs Allocated Expenditures
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Unallocated vs Allocated Data
Program Intent Codes (PICs) are used to account for the cost of instruction and other services that are directed toward a particular need of a specific set of students
Examples:
PIC 23 = Special Education
PIC 21 = Gifted and Talented
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Unallocated vs Allocated Data
Use specific Basic or Enhanced PIC for any transaction that is clearly and directly attributable to that particular program intent
Use PIC 99 Undistributed for all charges that cannot be clearly attributable to a specific program intent
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Unallocated vs Allocated Data
Unallocated PEIMS/TSDS reports illustrate expenditures coded by the LEA to the various PICs
Amounts should match local records
Allocated PEIMS/TSDS report uses a formula to allocate costs recorded in PIC 99 Undistributed to the Basic and Enhanced PICs according to instructional FTEs assigned to those PICs
Expenditures for specific PICs in the Allocated report will be higher than those in the Unallocated report and in local records
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Unallocated vs Allocated Data
FUNCCODE
PIC 21 GT
PIC 22 CTE PIC 23 SPED
PIC 99 UNDISTRIB
11 917,826 7,986,900 36,445,045 0
12 17,156 150,558 1,032,697 0
13 170,320 192,451 1,078,262 0
21 63,021 174,454 2,043,599 0
23 75,302 552,978 4,233,309 135,208
31 48,083 1,047,954 3,469,214 3,745
32 3,294 24,907 130,923 0
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FUNC CODE
PIC 21 GT
PIC 22 CTE
PIC 23 SPED PIC 99 UNDISTRIB
11 876,541 7,672,831 34,206,223 11,062,613
12 0 33,750 0 5,612,142
13 160,079 106,530 523,105 2,721,824
21 49,715 73,230 1,322,077 3,565,214
23 0 0 0 23,015,844
31 19,337 825,387 2,125,405 6,732,079
32 0 0 0 608,197
UNALLOCATED SAMPLE ALLOCATED SAMPLE
All amounts show exactly as the LEA coded –matches local records
The system distributed (allocated) amounts in PIC 99 to specific PICs; reducing PIC 99 amount & increasing amounts in other PICs
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Bonus SectionIDEA‐B MOE is Not…
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IDEA‐B MOE is Not…
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IDEA‐B MOE is Not … the 52% Rule
MOE = Federal spending requirement (34 CFR 300.203):
State and/or Local fundsMaintain the same level of fiscal effort (spending) on special
education expenditures
52% Rule = State spending requirement (TAC 105.11):
State (FSP – Foundation School Program) Special Education allotment
Do not spend more than 48% percent of the allotment on
Indirect Costs
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IDEA‐B MOE is Not … the 52% Rule
IDEA‐B MOE
Federal requirement 34 §CFR 300.203
Must spend 100% on special education expenditures from the general fund, from one year to the next, unless qualify for exceptions and/or adjustment
Analysis of Compliance Based On:
Funds: State and/or Local
Unallocated Expenditures
Function Codes:
Some Direct Costs Function Codes andSome Indirect Costs Function Codes
SOF (ISDs only):
First ‘Near Final’ payment cycle
LPE Column
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52% Rule
State requirement 19 TAC §105.11
No more than 48% of the FSP special allotment for special education may be expended for indirect costs related to the program
Analysis of Compliance Based On:
Funds: FSP Special Education Allotment
Allocated Expenditures
Function Codes:
All Direct Costs Function Codes
SOF (Applicable to all LEAs):
Last ‘Final’ payment cycle
Final Column (was DPE column)
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Expenditures used to determine compliance with IDEA‐B MOE:
Expenditures used to determine compliance with 52% Rule:
Excerpts obtained from
TSDS PEIMS Mid Year Report
Applicable Function Codes
are those highlighted in
yellow
In PIC 23/33, General Fund, did you spend at least the same amount of the total of these certain Function Codes, year to year?
Were the Total Direct expenditures at least 52% of your State Special Education allotment?
IDEA‐B MOE is Not … ESSA MOE
MOE for Special Education (IDEA‐B):
100% spending requirement
Subject to sanctions every year of non‐compliance
MOE for Title Programs (ESSA):
90% spending requirement
Not subject to sanctions the first year of non‐compliance**Provided the LEA was compliant the prior five years
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IDEA‐B MOE: ESSA MOE:
Spending Requirement 100% 90%
Exceptions Allowed? YES NO
Waiver Request Allowed? NO YES
Function Codes Used: 11, 12, 13, 21, 23, 31, 32, 33, 34, 36, 41, 51, 53
11, 12, 13, 21, 23, 31, 32, 33, 34, 35 (deficit only), 36 (deficit only), 41, 51, 53
Four Tests for Compliance (Only need to meet one test):
1. Local Only2. State & Local3. Local Only Per Capita4. State & Local Per Capita
1. State & Local2. State & Local per pupil for Refined ADA (RADA)3. State & Local per pupil for Membership4. State & Local per pupil for Enrollment
Consequence of Non‐Compliance:
LEA submits refund to TEA TEA reduces LEA’s allocation of each applicable ESSA program by proportion of decline (If 5% decline, each program’s allocation reduced by 5%)
Sanctions Frequency Subject to sanctions every year LEA is non‐compliant
Five Year Window: Not subject to sanctions the first year of non‐compliance provided the LEA met MOE for each of the immediately preceding five years
Resources
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Applicable Function Codes for IDEA‐B MOE11 Instruction
12 Instructional Resources and Media Services
13 Curriculum and Instructional Staff Development
21 Instructional Leadership
23 School Leadership
31 Guidance and Counseling Service
32 Social Work Services
33 Health Services
34 Student (Pupil) Transportation
36 Cocurricular/Extracurricular Activities
41 General Administration
51 Plant Maintenance and Operations
53 Data Processing Services149
TEA’s Webpage for Calculation Tool and Exceptions Workbook
Education Service Center, Region 20 | March 2018
Home > Finance & Grants > Grants >Compliance & Reporting > IDEA Fiscal Compliance > IDEA‐B LEA Maintenance of Effort
http://tea.texas.gov/Finance_and_Grants/Grants/Federal_Fiscal_Compliance_and_Reporting/IDEA_Fiscal_Compliance/IDEA‐B_LEA_Maintenance_of_Effort/
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Questions
ESC‐20: TEA:
Denise Dusek
Federal Funding Specialist Federal Fiscal Compliance & Special Education Component Reporting Division
(210) 370‐5378 (512) 463‐9127
[email protected] [email protected]
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