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.

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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.
download files 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.
download files 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.
download files 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.
download files MS Word (25K) | PDF (164K)

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Last Modified: 08/08/2007