Rep. Tim Walberg, R-Mich., has introduced the Building on Local District Flexibility in IDEA Act, H.R. 2965. The bill makes substantial changes to current maintenance of effort rules governing local educational agencies (or school districts). Below is the text of the bill.
114th CONGRESS
1st Session
H. R. 2965
To amend the Individuals with Disabilities Education Act to provide
certain exceptions to the maintenance of effort requirement for local
educational agencies, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
July 8, 2015
Mr. Walberg (for himself, Mr. Moolenaar, Mr. Ribble, Mr. Benishek, and
Mr. Bishop of Michigan) introduced the following bill; which was
referred to the Committee on Education and the Workforce
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A BILL
To amend the Individuals with Disabilities Education Act to provide
certain exceptions to the maintenance of effort requirement for local
educational agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building on Local District
Flexibility in IDEA Act''.
SEC. 2. EXCEPTIONS TO THE MAINTENANCE OF EFFORT REQUIREMENT FOR LOCAL
EDUCATIONAL AGENCIES.
Section 613(a)(2) of the Individuals with Disabilities Education
Act (20 U.S.C. 1413(a)(2)) is amended--
(1) in subparagraph (A)(iii), by striking ``subparagraphs
(B) and (C)'' and inserting ``subparagraphs (B), (C), and
(E)'';
(2) in subparagraph (B)--
(A) in clause (iii)(III), by striking ``or'' at the
end;
(B) in clause (iv), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(v) improved efficiencies that do not
result in a reduction in special education
services; or
``(vi) the reduction of expenditures for
employment related benefits provided to special
education personnel (such as pay, retirement
contributions, annual and sick leave, and
health and life insurance) provided that such
reduction of expenditures does not result in a
reduction in special education services.''; and
(3) by adding at the end the following:
``(E) Waivers for exceptional or uncontrollable
circumstances.--The State educational agency may waive
the requirements of subparagraph (A)(iii) for a local
educational agency, for 1 fiscal year at a time, if--
``(i) the State educational agency
determines that the local educational agency
has not reduced the level of expenditures for
the education of children with disabilities for
such fiscal year disproportionately to other
expenditures; and
``(ii)(I) the State educational agency
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 local educational
agency; or
``(II) the local educational agency
provides clear and convincing evidence to the
State educational agency that all children with
disabilities have available to them a free
appropriate public education and the State
educational agency concurs with the evidence
provided by the local educational agency.''.