SECTION 109.3001. Local Maintenance of Effort

(a) In accordance with the Texas Education Code, §7.021, the Texas Education Agency shall administer and monitor compliance with education programs required by federal or state law, including federal funding and state funding for those programs.

(b) The following terms have the following meanings when used in this subchapter.

(1) Maintenance of Effort (MOE) for a grant under the Individuals with Disabilities Education Act, Part B (IDEA-B)--This term has the meaning assigned by 34 Code of Federal Regulations (CFR), §300.203(a).

(2) MOE for a grant under the Every Student Succeeds Act (ESSA)--This term is generally defined by Public Law 114-95, Title VIII, Part F, Subpart 2, §8521.

(c) Each local educational agency (LEA) that expends federal IDEA-B or ESSA funds must comply with established MOE requirements developed in conjunction with federal statutes, regulations, and guidance from the United States Department of Education. The methods of determining compliance, the consequences of noncompliance, and allowable exceptions to the MOE requirements are outlined in the statutes specified in subsection (b)(1) and (2) of this section.

(d) If an LEA provides a Medicaid-eligible student with a Medicaid service that is specified in the student's individualized education program, the LEA may request reimbursement for that service through Medicaid's School Health and Related Services (SHARS) program. The LEA is reimbursed the federal portion of the amount it expended on the service based on the Federal Medicaid Assistance Percentage rate Medicaid has defined. In accordance with 34 CFR, §300.154(g)(2), if the reimbursement is expended on special education services, that expenditure must be excluded from the calculation of state/local expenditures for purposes of calculating IDEA-B LEA MOE compliance (34 CFR, §300.154(g)(2)).

(e) To the extent that this section conflicts with any other commissioner or State Board of Education rule, including the Financial Accountability System Resource Guide, the provisions of this section control.

Source Note: The provisions of this §109.3001 adopted to be effective February 26, 2014, 39 TexReg 1152; amended to be effective June 29, 2021, 46 TexReg 3878