| (a) In accordance with the Texas Education Code, §7.021,
the Texas Education Agency (TEA) 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 No Child Left Behind
Act (NCLB)--This term is generally defined by Public Law 107-110,
Title IX, Part E, Subpart 2, §9521.
(c) Each local education agency (LEA) that expends
federal IDEA-B or NCLB funds must comply with established MOE requirements
developed in conjunction with federal statutes, regulations, and guidance
from the United States Department of Education (USDE). The methods
of determining compliance, the consequences of noncompliance, and
allowable exceptions to the MOE requirements are described in the
figures provided in paragraphs (1) and (2) of this subsection.
(1) The specific MOE requirements for a grant under
the IDEA-B are described in the IDEA-B LEA
MOE Guidance Handbook provided in this paragraph.
Attached Graphic
(2) The specific MOE requirements for a grant under
the NCLB are described in the NCLB LEA MOE
Guidance Handbook provided in this paragraph.
Attached Graphic
(d) Guidance provided in the handbooks described in
subsection (c)(1) and (2) of this section will be updated annually
as necessary by the commissioner of education to align with subsequent
updates, modifications, and amendments to the statutory authority
and USDE guidance.
(e) For determining compliance with MOE requirements,
the TEA will use the handbooks provided in subsection (c)(1) and (2)
of this section instead of:
(1) the software in PEIMS EDIT+ containing a formula
to allocate costs recorded in Program Intent Code 99, Undistributed,
according to instructional FTEs (as reported in PEIMS) assigned to
Basic and Enhanced Program Intent Codes; or
(2) the software in EDIT+ containing a formula to allocate
costs recorded in Organization Code 999, Undistributed.
(f) If the LEA receives School Health and Related Services
(SHARS) reimbursements, funds received represent reimbursements to
the LEA for school-based health services, which are provided to special
education students enrolled in the Medicaid Program. Additional guidance
concerning the treatment of SHARS direct and indirect cost reimbursements
is documented in the IDEA-B LEA MOE Guidance
Handbook provided in subsection (c)(1) of this section.
(g) 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.
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