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June 22, 2012
This week, the Texas Education Agency communicated, via a TETN broadcast, the results of the redo of preliminary compliance determinations for special education maintenance of effort for school year 2009-2010 for all school districts and open-enrollment charter schools. By today, June 22, 2012, all school districts and open-enrollment charter schools are to receive preliminary determination letters for school year 2009-2010. Previously, Agency’s practice has been to only notify schools systems that appeared to be out of compliance with MOE. The deadline is July 23, 2012 to respond to letters indicating the school district or open-enrollment charter school appeared out of compliance for MOE. The Agency announced the results of the redo for preliminary compliance determinations for school year 2009-2010 as follows:
| # |
Type of Preliminary Determination Letters for School Year 2009-2010 |
| 831 |
Compliance letters |
| 49 |
Compliance letters that replace prior preliminary noncompliance determinations |
| 17 |
First notice of preliminary determination of noncompliance where previously appeared in compliance |
| 155 |
Revised preliminary noncompliance determinations showing decrease in questioned amount |
| 103 |
Revised preliminary noncompliance determinations showing increase in questioned amount |
| 23 |
No change to preliminary noncompliance determination |
The redo of special education maintenance of effort preliminary compliance determinations for school year 2010-2011 are in-progress.
The Agency also indicated that a revised special education MOE compliance template will be posted soon for school year 2010-2011 and a revised compliance template for school year 2011-2012 remains in progress.
Please be aware that the TEA communicated a major change in interpretation concerning the required spending level for LEAs that reduced spending for fiscal year 2012 and school year 2011-2012, in a June 6, 2012 TO THE ADMINISTRATOR ADDRESSED letter. The U.S. Department of Education rescinded an earlier interpretation referenced in a guidance letter dated June 16, 2011, regarding required MOE spending levels following a fiscal and school year that a LEA reduced spending. The draft guidance received by TEA in April 2012 will require a school district or open-enrollment charter school to return to the higher level of support that the LEA should have spent for compliance in the fiscal year it reduced spending (therefore a LEA is not permitted to "reset the MOE level" by reducing spending for one fiscal year and refunding federal IDEA B funds for the one year). As a result, corrective actions may be required by your school district or open-enrollment charter school to avoid year-over-year reductions in federal IDEA B funds for noncompliance with MOE, if your LEA reduced spending in fiscal year 2012 below the level required for compliance (in an attempt to reset the relative MOE spending levels for future fiscal years and school years).
To access the TO THE ADMINISTRATOR ADDRESSED letter on this topic dated June 6, 2012, click on the link below.
http://www.tea.state.tx.us/index4.aspx?id=2147507067
To read related Business News article, click on the link below.
http://www.tasbo.org/resources/business-news-list/743-part-2-insights-on-how-funding-obligations-are-shifting-to-local-school-districts
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