Information on the reductions to maintenance of effort (MOE), determinations of IDEA compliance and use of IDEA Part B funds for Coordinated Early Intervening Services* for the 2011-2012 school year for every local educational agency (LEA) or school district was released to the public in February 2015.
States are required to report this information annually to the U.S. Dept. of Education as part of a larger data submission required under Section 618 of the IDEA. The data files are available from this website.
Using the data reported under Maintenance of Effort Reduction and Coordinated Early Intervening Services for 2011-2012, IDEA Money Watch has compiled three separate reports. (Information on how to access the data file appears at the end of this report.)
Report One: MAINTENANCE OF EFFORT (MOE) REDUCTIONS
This is a complete listing of the LEAs that reduced MOE in the 2011-2012 school year. Under certain conditions, LEAs are allowed to reduce the amount spent on special education by up to 50% of an increase in federal or state and federal funds from one year to the next. The freed-up funds must be used for activities authorized under the Elementary and Secondary Education Act (ESEA).
The report provides:
- the LEA/ESA allocation amounts for IDEA Part B 611 (school age) and 619 (3-5 year olds) for the reference Federal fiscal year and the previous Federal fiscal year
- the LEA/ESA determination under 34 CFR § 300.600(a)(2)
- the Amount of the MOE Reduction the LEA/ESA took under Section 613(a)(2)(C) for the reference school year.
A RECAP OF MOE REDUCTIONS:
Across all states and territories, 304 LEAs took MOE reductions totaling $10.1 million. States with one or more LEAs taking an MOE reduction include:
AL (9), CA (25), IN (13), KY (13), LA (4), MA (15), MO (10), NE (50), NM (56), OH (8), OK (48), PA (35), TX (12), UT (3) and WI (3).
Not all of these LEAs were eligible to take a reduction in MOE. To be eligible to reduce MOE, an LEA must have:
- received an increase in the Part B allocation between 2010 and 2011 AND
- received a “meets requirements” determination.
LEAs that took an MOE reduction and DID NOT have a “meets requirements” determination are highlighted in yellow on the listing. The vast majority of these LEA are in the state of New Mexico, where 24 LEAs reduced MOE unlawfully.
Some LEAs took an MOE reduction without the requisite increase in annual allocation, indicated by a (-) sign in the far right column on the listing. In Nebraska, 36 LEAs reduced MOE without having received an increase in funding.
This is a complete listing of the LEAs that were required to spend 15% of Part B funds in the 2011-2012 school year due to having significant disproportionality. Disproportionality is the overrepresentation of minority or ethnic students in special education identification, placement, or disciplinary actions. In such cases, the local district must use all of the CEIS funds and must devote most but not all of the CEIS funds to serve children in the over identified group or groups. LEAs required to use 15 percent of their IDEA Part B federal funds on CEIS due to significant disproportionality may not reduce their local expenditures by any amount.
The report provides:
- LEAs identified as having significant disproportionality during the reference school year
- the amount required to be reserved for Coordinated Early Intervening Services (CEIS)(15 percent of Part B funds)
- the amount of Part B funds spent on Coordinated Early Intervening Services (CEIS)
- the number of students who received CEIS during the reference school year and the number of children who received CEIS at any time during the reference school year and the two preceding school years and received special education and related services during the reference school year.
A RECAP OF MANDATORY CEIS USE:
A total of 347 LEAs were required to use 15% of Part B funds for CEIS due to significant disproportionality. These LEAs were in 25 states. The amount spent totaled $107.2 million. The states and number of LEAs within each state are as follows:
AK (1), AR (6), AZ (1), DC (5), DE (7), FL (11), GA (31), IA (7), IL (5), IN (1), KY (10), LA (104), MD (1), MI (36), MS (25), NC (3), NJ (12), NM (2), NY (36), OH (2), OR (1), RI (24), UT (1), VA (9), WI (5)
The following states had no LEAs identified as having significant disproportionality: AL, CA, CO, CT, HI, ID, KS, ME, MA, MN, MO, MT, NE, NV, NH, ND, OK, PA, SC, SD, TN, TX, VT, WA, WV, WY.
The number of LEAs required to provide CEIS in 2011-2012 was very similar to the number required in the previous school year (2010-2011). In that year 356 LEAs were required to provide CEIS.
The uneven pattern of LEAs identified as having significant disproportionality is reflective of the varied definitions states have been allowed to develop. This issue was explored in great detail in a 2013 report from the Government Accountability Office entitled “IDEA: Standards Needed to Improve Identification of Racial and Ethnic Overrepresentation in Special Education.” A new report from The Civil Rights Project, Are We Closing the School Discipline Gap?, provides extensive data that underscores the need for federal oversight and the comments submitted by the Civil Rights Project in 2014 articulate specific recommendations.
The report provides:
- LEAs that voluntarily used Part B funds to provide CEIS during the reference school year
- the amount of Part B funds the LEA voluntarily spent on Coordinated Early Intervening Services (CEIS)
- the percent of Part B funds the LEA voluntarily spent on Coordinated Early Intervening Services (CEIS)(may not exceed 15 percent of Part B funds)
- the number of students who received CEIS during the reference school year.
A RECAP OF VOLUNTARY CEIS USE:
A total of 44 states and territories had LEAs that voluntarily used Part B funds for CEIS. Across these 1243 LEAs, the amount spent totaled $109.3 million. The amount an LEA may reduce its MOE (Report One) is reduced by any amount the LEA voluntarily uses for CEIS (not to exceed 15%).
The states and number of LEAs within each state that voluntarily used Part B funds for CEIS are as follows:
AL (3), AR (33), AZ (20), BIA (71), CA (11), CT (16), DE (3), FL (16), GA (5), HI (1), IA (12), IL (198), IN (18), KS (1), LA (21), ME (22), MI (19), MN (133), MS (46), MO (7), NE (34), NV (35), NH (10), NJ (8), NM (11), NY (30), NC (9), ND (8), OH (77), OK (18), OR (14), PA (10), RI (6), SC (31), SD (13), TN (7), TX (148), UT (16), VA (8), VI (1), VT (9), WA (8), WI (86), WY (24).
The number of LEAs voluntarily using Part B funds for CEIS in 2011-2012 is similar to the number in the previous year when 1265 LEAs provided CEIS voluntarily.
*Coordinated Early Intervening Services are services provided to students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade three) who are not currently identified as needing special education or related services, but who need additional academic and behavioral supports to succeed in a general education environment. The IDEA (20 U.S.C. §1413(f)(2)) and its regulations (34 CFR §300.226(b)) identify the activities that may be included as: (1) professional development for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and (2) providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.
To access the entire set of data, download this file. NOTE: To open this file in Excel, right click on the link, select “save link as” then select “all files” under save as. This should allow you to save the file to your computer and open in Excel.
Additional information about this data collection is available in this documentation (WORD).