(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 Every Student Succeeds
Act (ESSA) [No Child Left Behind Act (NCLB)] --This
term is generally defined by Public Law 114-95, Title VIII, Part
F, Subpart 2, §8521 [107-110, Title IX, Part E, Subpart
2, §9521].
(c)Each local educational [education]
agency (LEA) that expends federal IDEA-B or ESSA [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 outlined in the statutes specified
in subsection (b)(1) and (2) of this section [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.]
[Figure: 19 TAC §109.3001(c)(1)]
[(2)The specific MOE requirements
for a grant under the NCLB are described in the
NCLB LEA MOE Guidance Handbook provided in this paragraph.]
[Figure: 19 TAC §109.3001(c)(2)]
(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)).
[(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.]
(e)[(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.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on March 22, 2021
TRD-202101197 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: May 2, 2021
For further information, please call: (512) 475-1497
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