Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

MAINTENANCE OF EFFORT

Disclaimer: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.


April 4, 2012 to Center for Law and Education co-director Kathleen Boundy.
TOPIC ADDRESSED: Maintenance of Effort
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 613—Local Educational Agency Eligibility
MS Word (32KB) | PDF (69KB)


Letter to Carol Ann Baglin
July 26, 2006
Topic: Maintenance of Effort
Letter regarding the maintenance of effort requirements in Part B of IDEA that apply to local educational agencies (LEAs) and a State educational agency's responsibilities to ensure that its LEAs comply with these requirements.
MS Word (44K) | PDF (173K)


Letter to Ms. Sylvia Hensley
May 27, 2004
Topic: Maintenance of Effort
Letter regarding the use of single audits under the Single Audit Act Amendments of 1996 to review a State's compliance with the State-level maintenance of effort and non-supplanting requirements of Part B of the IDEA.
MS Word (27K) | PDF (168K)


Letter to Mr. Brad White
August 1, 2003
Topic: Maintenance of Effort
Letter clarifying that an LEA is not permitted to reduce its level of expenditures under Part B of the IDEA below the level of expenditures for the preceding fiscal year if the decrease is attributed to a reduction in the LEA's retirement rates for its staff.
MS Word (24K) | PDF (68K)


Letter to Michael J. Hernandez, Esq.
July 16, 2002
Topic: Maintenance of Effort
Letter regarding the use of Medicaid reimbursement funds to construct or equip special education classrooms.
MS Word (25K) | PDF (164K)

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Last Modified: 11/20/2014