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Submit Comments on NPRM MOE by Dec. 10, 2013

Thursday, December 5, 2013   (0 Comments)
Posted by: Denise Marshall

Please take 5-10 minutes out of your busy schedule to comment on proposed changes to Maintenance of Effort (MOE).

ISSUE: Notice of Proposed Rulemaking -- Assistance to States for the Education of Children with Disabilities -- Docket ID ED-2012-OSERS-0020

Comments are due to the Department on or before December 10, 2013.


The U.S. Department of Education (ED) released a Notice of Proposed Rulemaking (NPRM) to amend thelocal maintenance of effort(MOE) mandate regulations under Part B of the Individuals with Disabilities Education Act (IDEA).

Through this NPRM, ED specifically indicates that it seeks "to clarify existing policy and make other changes” regarding: (1) thecompliancestandard; (2) theeligibilitystandard; (3) thelevel of effort requiredof a local education agency (LEA)in the year after it fails to maintain effort under the IDEA; and theconsequence for a failure to maintain local effort.” 78 Fed. Reg. 57324 (emphases added). Specifically, ED is seeking to modify the compliance standard by improving understanding and implementation of the local MOE by explicitly setting forth the manner in which the SEA shall determine whether an LEA has, in fact, complied with its annual local MOE requirement under Part B of the Individuals with Disabilities Education Act (IDEA).

While COPAA generally supports the proposed changes,COPAA submitted comments and further recommendations to improve the proposed amendments.

Our thanks to colleagues at The Advocacy Institute for analysis of this issue, including a comparison of current regulation and these proposed regulations, available here.

ACT NOW: It is essential that COPAA members and colleagues submit comments to ensure that ED understands that there is local support for the amendments assuring greater MOE compliance.

Suggested comments could include:

"I support the proposed changes to the local maintenance of effort (MOE) mandate regulations under Part B of the Individuals with Disabilities Education Act (IDEA). These changes would provide necessary clarification around current regulation until Congress reviews local education agency MOE requirements such us the allowable exceptions and adjustments, which require a statutory reauthorization. I appreciate the U.S. Department of Education’s attention to this issue in an effort to appropriately educate the nation’s 6 million IDEA-eligible students."

Submit comments here by 5 p.m. on December 10, 2013.

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