Office of Student Learning & Partnerships
(). These forms are for district use only and do not need to be submitted to ODE.
Each State must collect and examine data to determine if there is significant disproportionality based on race and ethnicity occurring in the State and within LEA’s. If an LEA is identified as being disproportionate, the LEA is required to reserve the maximum amount of funds under section 20 USC 1413(f) “to provide comprehensive coordinated early intervening services to serve children in the LEA, particularly children in those groups that were significantly over identified” [20 USC 1418(2)(B)]. This means that if a district is found significantly disproportionate, the district must use 15% of their IDEA funds towards early intervening services. The LEA must publicly report on the revision of policies, practices, and procedures used to address the disproportionality issues [20 USC 1418(d)(2)(C)].
One note of caution: the local MOE reduction option and the use of Part B fund for EIS are interconnected. The decisions that an LEA makes about the amount of funds that it would use for one purpose would affect the amount that it may use for the other. See page two of the reduction in MOE form for examples of calculations and interactions between the two figures or refer to proposed regulations 300.205 and 300.226.
ODE may withhold payment, or require reimbursement, of all or a portion of IDEA, Part B funds from an LEA or agency that has failed to comply with any signed assurances in its application for special education funding. The LEA or agency will be given reasonable notice of non-compliance and an opportunity for a hearing. If, as a result of that hearing, ODE finds that an LEA or agency is failing to comply with IDEA requirements [20 USC 1413(a)], ODE shall reduce, suspend or require reimbursement of special education payments to the LEA or agency until ODE is satisfied that the LEA or agency is complying with the IDEA requirements specified in 20 USC 1413(d). The LEA or agency, upon receipt of any such notice of non-compliance, shall make public notice of the potential action by ODE.
The LEA Maintenance of Effort (MOE) Audit Process
Under IDEA 1997 and IDEA 2004, Local Education Agencies (LEA) are not permitted to use federal IDEA Part B 611 funds for special education to supplant general funds committed to the same services. As the designated State Education Agency (SEA), the Oregon Department of Education has oversight for conducting audits to ensure that LEAs, at a minimum, maintain their general fund fiscal effort for special education and related services each year. The Office of Student Learning and Partnerships (OSL&P) is the designated office within ODE for conducting the LEA MOE audits each year.