Understanding Maintenance of Effort (MOE) in Special Education

For schools and districts, maintaining financial commitment to special education is crucial. This commitment is encapsulated in the Maintenance of Effort (MOE) requirement under the Individuals with Disabilities Education Act (IDEA) Part B. Understanding how this works is essential for local educational agencies (LEAs) to ensure compliance while optimizing their resources.

What is Maintenance of Effort (MOE)?

The MOE requirement ensures that LEAs do not reduce their own financial support for special education from one year to the next. This helps maintain stability and quality in services provided to students with disabilities. However, there are specific circumstances under which an LEA can adjust its MOE obligations.

Other Adjustments: When Can MOE Be Reduced?

LEAs may reduce their MOE by up to 50% of the increase in their Part B Section 611 allocation if they meet certain conditions:

• The LEA must not have significant disproportionality issues or outstanding reports due to the Office of Superintendent of Public Instruction (OSPI).
• If an LEA chooses to use up to 15% of IDEA-B funds for Coordinated Early Intervening Services (CEIS), this counts towards the maximum reduction under MOE.
• If OSPI determines that an LEA cannot establish programs meeting Free Appropriate Public Education (FAPE) requirements or has taken action against the LEA, reduction may not be allowed.

Allowable Exceptions to MOE

There are also specific allowable exceptions that enable LEAs to reduce their required MOE level:

• Voluntary Departure of Staff: This includes retirements, resignations, or other voluntary departures of special education staff paid with state/local funds. However, replacements should be lower-paid staff if positions are filled.
• Decrease in Enrollment: If there’s a decrease in students with disabilities that leads to reduced expenditures, this can justify a reduction.
• Termination of Costly Obligations: When obligations like one-on-one services for a student with an IEP are no longer needed due to various reasons like student improvement or leaving jurisdiction.
• Long-term Purchase Obligations: This includes completion or payoff of leases or equipment purchases.
• Assumption by Safety Net: If costs are covered by Safety Net revenue received within the school year, reductions are permissible.

The above exceptions provide flexibility for LEAs to manage their budgets effectively while still meeting compliance standards. It’s crucial for administrators to document and justify these exceptions properly.

For more detailed information on MOE adjustments and exceptions, please follow this link.