UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

May 10, 2017 

The Honorable Michael W. Kirst

President

California State Board of Education

1430 N Street, Suite 5602 

Sacramento, California 95814-5901 

The Honorable Tom Torlakson 

State Superintendent of Public Instruction 

California Department of Education

1430 N Street 

Sacramento, California 95814 

Dear President Kirst and Superintendent Torlakson: 

In a letter dated January 11, 2017, the U.S. Department of Education (Department) issued a 

proposed determination that California is not eligible for a portion of its grant under section 611 

of Part B of the Individuals with Disabilities Education Act (IDEA) because California has failed

to meet the IDEA’s maintenance of State financial support (MFS) requirement in State fiscal 

year (SFY) 2013. The purpose of this letter is to inform you that this is now a final determination

and that the Department will reduce California’s section 611 award in Federal fiscal year 

(FFY) 2017 due to California’s failure to maintain State financial support for special education

and related services in SFY 2013. 

As indicated in the January 11, 2017 letter, the IDEA provides that, when a State fails to

maintain State financial support at the level required by law, the Department “shall” reduce the 

allocation of funds to the State under section 611 “for any fiscal year following the fiscal year in 

which the State fails to comply with the requirement” to maintain State financial support “by the

same amount by which the State fails to meet the requirement.” 20 U.S.C. §1412(a)(18)(B). In 

that letter, we notified you that we made a proposed determination that California is not eligible

for a portion of its section 611 grant under the IDEA in the amount of $11,173,426 because of its

failure to maintain State financial support for special education and related services by that 

amount in SFY 2013. 20 U.S.C. §1412(d)(2). California had 30 days from the date of the receipt 

of the letter to request a hearing pursuant to the procedures in 34 CFR §§300.179 through 

300.183 regarding the Department’s proposed determination. 

More than 30 days from the date of your receipt of our January 11, 2017 letter have passed. In an 

email letter dated February 24, 2017, Kristin Wright, the California State Special Education

Director, wrote that “California does not intend to appeal the determination.” As a result, the 

Department now considers the proposed determination final, and will reduce California’s

FFY2017 IDEA Part B section 611 grant award (specifically, the section 611 funds distributed to 

California on October 1, 2017) by a total of $11,173,426. We will contact you under separate 

cover with more details regarding the reduction in the section 611 grant award. 

400 MARYLAND AVE. S.W., WASHINGTON, DC 20202-2600

www.ed.gov 

The Department of Education’s mission is to promote student achievement and preparation for global competitiveness 

by fostering educational excellence and ensuring equal access. 
Page 2—Honorable Michael W. Kirst and Honorable Tom Torlakson

California must post this letter on the State educational agency’s Web site no later than 

July 7, 2017. We look forward to our continued collaboration to ensure that children with 

disabilities receive the special education and related services they need to reach their full 

potential. If you have questions about this action, please contact Matthew Schneer at 

202-245-6755, or matthew.schneer@ed.gov.

Sincerely,

/s/

Ruth E. Ryder

Delegated the duties of the 

Assistant Secretary for Special Education and 

Rehabilitative Services

cc: California IDEA State Advisory Panel