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(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.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on June 9, 2021
TRD-202102253 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: June 29, 2021
Proposal publication date: April 2, 2021
For further information, please call: (512) 475-1497
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