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Fw: [COPAA-NEWS] ED-O SEP Recinds “Inform al Guidance” on MOE (Letter attached)

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  • Alpy2@aol.com
    The following update and the attached letter demonstrate the power of parent and disability rights grassroots advocacy - in response to letters from
    Message 1 of 1 , Apr 4, 2012
    The following update and the attached letter demonstrate the power of parent and disability rights grassroots advocacy -  in response to letters from disability groups, the U.S. Dept. of Education has officially withdrawn its previous guidance on the IDEA's MOE requirements. Score one for the good guys!
    Previously, the Department had issued a letter (informal guidance) stating that if a school district had failed to spend the appropriate amount of money on special education, then in following years, the school's baseline for expenditures would be that lower amount. The result would be that by spending less than required one year, the school could continue to spend less in future years!
    Thanks to letters from disability groups - including parents and advocates - this guidance has been officially rescinded!
    Please feel free to share this update - thanks!
    Sandy, Illinois
    Volunteer Co-Webmaster, Our Children Left Behind (http://www.ourchildrenleftbehind.com)

    COPAA-News is a service of The Council of Parent Attorneys and Advocates, Inc. You have permission to share this communication with others.

    Advocates Successful in Pushing ED-OSEP to Recind “Informal Guidance” on MOE Interpretation

    COPAA is very pleased to announce that in response to letters from the Center for Law and Education , The Advocacy Insitute, COPAA and other advocates OSERS/OSEP announced today that it is withdrawing its June 16, 2011 Letter to East and reversing the position it took in that letter regarding LEA MOE. The Department has agreed with the legal argument put forward in the August 17, 2011 letter from the Center for Law and Education that LEAs must maintain prior year financial support for special education unless allowed to reduce under the express provisions of IDEA. 
    In September of 2011  COPAA send a letter to the DOE in support of the position of The Center for Law and Education (CLE) articulated in its August 17th request for the Office of Special Education Program (OSEP) to reconsider and rescind its “informal guidance” concerning the local maintenance of effort (MOE) requirement under § 613 of the Individuals with Disabilities Education Improvement Act (IDEA). 
    In its Letter to Boundy (also attached) today OSEP confirmed that ” at a  minimum LEA’s should not reduce the amount of their financial support for the education of students with disabilities except as permitted in section 613 (a)(2)(B) and (C) so that they can continue to meet their obligations to provide the special education and related services that children need to receive a free and appropriate public education.”

    Denise Marshall, Executive Director
    P.O. Box 6767
    Towson, MD 21285
    410-372-0208 (ph)
    410-372-0209 (fax)
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