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Debra jennings Slide Show by Anthony White

Debra jennings Slide Show by Anthony White. Part B State Educational Agency (SEA) Maintenance of Financial Support or Maintenance of Effort (MOE). Policies, Procedures, and Effective Implementation. State Performance Plan. Integrated Monitoring Activities. Data on Processes and Results.

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Debra jennings Slide Show by Anthony White

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  1. Debra jenningsSlide Show by Anthony White Part B State Educational Agency (SEA)Maintenance of Financial Support or Maintenance of Effort (MOE) RRC IFA Subgroup Part B SEA MOE

  2. Policies, Procedures, and Effective Implementation State Performance Plan Integrated Monitoring Activities Data on Processes and Results Integrated Fiscal Accountability Targeted Technical Assistance & Professional Development Improvement, Correction, Incentives & Sanctions Effective Dispute Resolution “The Puzzle Palace” General Supervision RRC IFA Subgroup Part B SEA MOE

  3. EDGAR & IDEA CrEAG IFA: State Maintenance of Fiscal Effort (MOE) OMB A-133 & Compliance Supplement OMB A-87 RRC IFA Subgroup Part B SEA MOE

  4. EDGAR: 34 CFR §§ 76.700 and 76.731 IDEA: 34 CFR §§300.162,-300.164, 300.230 Part B State MOE RRC IFA Subgroup Part B SEA MOE

  5. Part B State MOE EDGAR • Subpart F: What are the administrative responsibilities of the grantee? • 34 CFR §76.700 – Compliance with statutes, regulations, and applications • 34 CFR §76.731 – Records related to compliance RRC IFA Subgroup Part B SEA MOE

  6. Part B State MOEIDEA Requirements A State must not reduce the amount of State financial support for special education and related services for children with disabilities, or otherwise made available because of the excess costs of educating those children, below the amount of that support for the preceding fiscal year. See 34 CFR §300.163(a) RRC IFA Subgroup Part B SEA MOE

  7. Part B State MOE Waivers The Secretary may waive the requirement at 34 CFR §300.163(a), for one fiscal year at a time if the Secretary determines that granting a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State; OR See 34 CFR §300.163(c) RRC IFA Subgroup Part B SEA MOE

  8. Part B State MOEWaivers If a State provides clear and convincing evidence that all eligible children with disabilities throughout the State have FAPE available to them, the Secretary may waive for a period of one year, in whole or in part, the requirement under 34 CFR §300.162 (regarding State-level nonsupplanting), if the Secretary concurs with the evidence provided by the State. See 34 CFR §§300.163(c)(2) and 300.164(b) RRC IFA Subgroup Part B SEA MOE

  9. Part B State MOE State Exception to MOE ARRA QUESTION-C-2 Under what circumstances can the Secretary waive the state-level supplement not supplant requirements? Answer: Under IDEA section 612(a)(17)(C), the Secretary has authority to grant a waiver of the state-level supplement not supplant requirement if the state provides clear and convincing evidence that all children with disabilities in the state have FAPE available. The standards for applying for this waiver are spelled out in 34 CFR §300.164. RRC IFA Subgroup Part B SEA MOE

  10. Part B State MOEWaivers ARRA QUESTION C-3. Under what circumstances can the Secretary waive the state-level MOE requirements? Answer: Under IDEA section 612(a)(18) the Secretary has authority to grant waivers for the MOE requirement that applies to states under the Grants to States program. However, the Secretary may only grant waivers to individual states, for one fiscal year at a time, after determining that granting a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the state, or the state otherwise meets the standard in IDEA section 612(a)(17)(C) for a waiver of the requirement to supplement, and not to supplant, funds received under Part B of the IDEA. The state’s level of effort in future years reverts to the level that would have been required in the absence of a waiver. RRC IFA Subgroup Part B SEA MOE

  11. Part B State MOE State Exception to MOE ARRA QUESTION-C-1 Does the ARRA provide any additional authority for the Secretary to grant waivers for state and local maintenance of effort (MOE) and supplement not supplant requirements under IDEA? Answer: No. The Secretary does not have any additional authority, beyond the authority that already exists in IDEA section 612(a)(17)(C) and (18), to grant waivers for state or local MOE and supplement not supplant requirements under IDEA. RRC IFA Subgroup Part B SEA MOE

  12. Part B State MOEFailure to Maintain Effort If, for any fiscal year, a State fails to meet the requirement of 34 CFR §300.163(a)…, the financial support required of the State in future years … shall be the amount that would have been required in the absence of that failure and not the reduced level of the State's support. See 34 CFR §300.163(d) RRC IFA Subgroup Part B SEA MOE

  13. Part B State MOEPossible Implications of Failing to Maintain Effort 1. Audit implications • Noncompliance with MOE requirements • Pay back the amount by which the State failed to meet MOE • Paybacks must be made out of non-federal funds 2. Grant implications • Ineligibility for grant funds RRC IFA Subgroup Part B SEA MOE

  14. Part B State MOE State Exception to MOE For any fiscal year for which the allotment received by a State under 34 CFR §300.703 (allocations to States) exceeds the amount the State received for the previous fiscal year and if the State in school year 2003-2004 or any subsequent school year pays or reimburses all LEAs within the State, from State revenue, 100% of the non-Federal share of the costs of special education and related services, the SEA may reduce the level of expenditures from State sources for the education of children with disabilities by not more than 50% of the amount of such excess. See 34 CFR §300.230(a) RRC IFA Subgroup Part B SEA MOE

  15. Part B State MOE State Exception to MOE If the Secretary determines that an SEA is unable to establish, maintain, or oversee programs of FAPE … or that the State needs assistance, intervention, or substantial intervention under 34 CFR §300.603, the Secretary prohibits the SEA from exercising the authority at 34 CFR §300.230(a). See 34 CFR §300.230(b) RRC IFA Subgroup Part B SEA MOE

  16. CrEAG Part B State MOE Critical Elements Analysis Guide (CrEAG) How does the State determine that Part B funds are used to supplement and not supplant State and local funds (including funds that are not under the direct control of the SEA or LEA)? How does the State compute maintenance of effort at the State level? RRC IFA Subgroup Part B SEA MOE

  17. CrEAG IFA: State Maintenance of Fiscal Effort (MOE) EDGAR & IDEA OMB A-133 & Compliance Supplement RRC IFA Subgroup Part B SEA MOE

  18. Part B State MOE OMB A-133 and theCompliance Supplement • Establishes specific requirements within the 14 areas for Federal programs across all Federal agencies • Using the Supplement, auditors identify findings specific to different Federal programs, including those within the Department of Education (e.g., IDEA, Title I, etc.) • Section G of the supplement addresses Matching, Level of Effort, and Earmarking RRC IFA Subgroup Part B SEA MOE

  19. Part B State MOESection G: Matching, Level of Effort, Earmarking • Control Objectives • Control Environment • Risk Assessment • Information and Communication • Monitoring RRC IFA Subgroup Part B SEA MOE

  20. Part B State MOE Risk Assessment and Internal Controls Control activities: • Preventative • Deters risk from being realized • Detective • Determines if risk could be realized • Corrective • Detects if risk has been realized and reacts RRC IFA Subgroup PART B SEA MOE

  21. Part B State MOE It all comes together • CrEAG • Regulations (EDGAR & IDEA) • OMB Circular A-133 and the Compliance Supplement • OMB Circular A-87 RRC IFA Subgroup Part B SEA MOE

  22. Part B State MOE State Stabilization Funds ARRA Guidance: QUESTION C-7 To what extent may a state or LEA use Stabilization funds to meet the MOE requirements of the IDEA, Part B program? Upon prior approval from the Secretary, a State or LEA may treat Stabilization funds…as non-Federal funds for the purpose of any requirement to maintain fiscal effort under any program that the Department administers. RRC IFA Subgroup Part B SEA MOE

  23. CrEAG IFA: State Maintenance of Fiscal Effort (MOE) EDGAR & IDEA OMB A-87 OMB A-133 & Compliance Supplement RRC IFA Subgroup Part B SEA MOE

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