Maintenance of Effort (MOE) Exception Request Individuals With Disabilities Education Act (Part B)

Name of person completing the form: Completed for (district/consortium name):

Signature: Phone: Date:

As part of the Part B application approval process, applicants must comply with 34 CFR 300.203, Maintenance of Effort. The U.S. Department of Education determines compliance with this requirement by comparing actual expenditures for the most recent fiscal year with actual expenditures in the last fiscal year for which the district/consortium met maintenance of effort (MOE). IDEA 2004 and its fiscal regulation, 34 CFR 300.204 Exception to Maintenance of Effort, allow four exceptions to maintenance of effort:

If the district/consortium did not maintain effort and the reason is attributable to any of the following “allowed exceptions,” please check all boxes that apply, describe the exceptions on a separate page, and return the form with appropriate supporting documentation. □ a. The voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel or related service personnel.

NOTE: Exception a. applies only when the departure is voluntary or for "just cause." If the district/consortium believes that a departure may have been for just cause, contact ODE directly for assistance. If personnel have been replaced by less costly personnel, also include the costs of the replacement personnel.

□ b. A decrease in the enrollment of children with disabilities.

NOTE : ODE has already calculated MOE both on total dollars expended and dollars expended per student, therefore Exception b. is not applicable to a change in special education enrollment between the current and previous year. Instead it relates to a more complicated nuance in the regulations that addresses certain program changes that span multiple years. If the district/consortium believes this exception may apply, contact the ODE directly for assistance. □ c. The termination of the obligation of an LEA, consistent with this part, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the state educational agency, because the child i. has left the jurisdiction of the LEA. ii. has reached the age at which the obligation of the LEA to provide a free appropriate public education to the child has terminated. iii. no longer needs such program of special education.

NOTE: For districts/consortia that had high cost students (more than $30,000) and have sent information to ODE for possible (partial) reimbursement of costs, provide the SSID (or initials and DOB) for the departed students. ODE will confirm the cost and student(s) status and recalculate MOE. Districts that haven’t previously submitted this information to ODE will need to describe the type of services and provide documentation of the costs. The types of services and the circumstances will determine the kind of documentation needed; contact ODE directly for assistance.

□ d. The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities.

NOTE: When determining compliance with maintenance of effort, ODE excludes expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities, which are not reported as part of Area 320. Therefore, Exception d. applies only when such prior year expenditures were included in Area 320.

Please attach a separate page providing explanations for decreases in expenditures. Be specific by including appropriate detail. You must also supply relevant documentation such as accounting system reports and copies of invoices, to validate the amounts claimed.

If you have questions about what to submit, how your base year amount was calculated, or the application of the regulations, you may also contact Mark Reynolds, Auditor.

Please submit form and Copy to: documentation to: Sarah Drinkwater, Assistant Superintendent Mark Reynolds Oregon Department of Education Jones & Roth P.C. 255 Capitol St. NE 432 W 11th Ave Salem, OR 97310-1206 Eugene, OR 97401 [email protected] [email protected] 503-947-5702 541-434-7218 Fax: 503-378-5156 Fax: 541-485-0960