Part B IDEA Maintenance of Effort Guidance for States on the Education Jobs Fund Program.
The Education Jobs Fund program (Ed Jobs) provides $10 billion to states to save or create education jobs for school year (SY) 2010–2011, in particular, by supporting positions that state or local funds would have ordinarily funded. This U.S. Department of Education guidance describes how states and local educational agencies local education agencies (LEAs) may treat Ed Jobs funds for the purpose of meeting the requirements in Part B of the IDEA to maintain fiscal effort. Part B of the IDEA includes two maintenance of effort (MOE) requirements—one applicable to states (section 612(a)(18) of the IDEA, and 34 CFR §300.163), and one applicable to LEAs (section 613(a)(2)(A)(iii) of the IDEA, and 34 CFR §300.203).
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Guidance on Monitoring, Technical Assistance and Enforcement.
This Q&A document provides parents, parent training and information centers, school personnel, SEAs, LEAs, advocacy organizations and other interested parties with information on significant changes related to monitoring that place an emphasis on improving educational results and functional outcomes for children with disabilities by focusing monitoring activities in certain priority areas and measuring performance using quantifiable and qualitative indicators.
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Guidance on Providing Services to Children with Disabilities During an H1N1 Outbreak.
OSERS is issuing this Q&A document to respond to questions that states, state educational agencies (SEAs), local educational agencies (LEAs), Bureau of Indian Education (BIE), BIE-funded schools, state lead agencies, and Early Intervening Services (EIS) programs and providers may have concerning the provision of special education and related services and early intervention services following child dismissal, school closure, or EIS program or provider closure due to an H1N1 outbreak.
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Guidance on Secondary Transition.
This Q&A document provides parents, parent training and information centers, school personnel, SEAs, LEAs, advocacy organizations and other interested parties with information on regulations that address transition services for children with disabilities. Transition services may be designed to facilitate a student's movement to post-school activities, including postsecondary education, and integrated employment.
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Process and Criteria Used to Evaluate a Request by States to Waive Maintenance of Effort (MOE) Requirements under Part B of the Individuals with Disabilities Education Act (IDEA)
During the past two years, we have seen an unprecedented federal investment in special education—more than $25 billion from the regular FY 2009 and 2010 Education Department appropriations and another $12.2 billion under the American Recovery and Reinvestment Act (ARRA). At the same time, we recognize that the falloff in state revenues has caused hardships for many states. With this in mind, we have received questions about the process and criteria used to evaluate a request by states to waive Maintenance of Effort (MOE) requirements under Part B of the Individuals with Disabilities Education Act (IDEA). Based on the statutory language, and in light of the potential impact of a waiver on the education of students with disabilities, the department grants such waivers only when a state demonstrates that it has experienced “exceptional or uncontrollable circumstances.”
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Ley de Educación para Personas con Impedimentos—Reglamento Final