Building on Local District Flexibility in IDEA Act

To amend the Individuals with Disabilities Education Act to provide certain exceptions to the maintenance of effort requirement for local educational agencies, and for other purposes. 1. Short title This Act may be cited as the Building on Local District Flexibility in IDEA Act 2. Exceptions to the maintenance of effort requirement for local educational agencies Section 613(a)(2) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1413(a)(2) (1) in subparagraph (A)(iii), by striking subparagraphs (B) and (C) subparagraphs (B), (C), and (E) (2) in subparagraph (B)— (A) in clause (iii)(III), by striking or (B) in clause (iv), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (v) improved efficiencies that do not result in a reduction in special education services; or (vi) the reduction of expenditures for employment related benefits provided to special education personnel (such as pay, retirement contributions, annual and sick leave, and health and life insurance) provided that such reduction of expenditures does not result in a reduction in special education services. ; and (3) by adding at the end the following: (E) Waivers for exceptional or uncontrollable circumstances The State educational agency may waive the requirements of subparagraph (A)(iii) for a local educational agency, for 1 fiscal year at a time, if— (i) the State educational agency determines that the local educational agency has not reduced the level of expenditures for the education of children with disabilities for such fiscal year disproportionately to other expenditures; and (ii) (I) the State educational agency determines that granting a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency; or (II) the local educational agency provides clear and convincing evidence to the State educational agency that all children with disabilities have available to them a free appropriate public education and the State educational agency concurs with the evidence provided by the local educational agency. .

Summary: Building on Local District Flexibility in IDEA Act This bill amends the Individuals with Disabilities Education Act to add exceptions to the maintenance of effort requirement for local education agencies (LEAs). Specifically, an LEA may reduce its level of expenditures for the education of children with disabilities below the level of those expenditures for the preceding fiscal year where such reduction is attributable to: (1) improved efficiencies that do not result in a reduction of special education services; or (2) the reduction of expenditures for employment-related benefits provided to special education personnel, provided that such reduction of expenditures does not result in a reduction in special education services. Furthermore, a state may waive the maintenance of effort requirement for an LEA for one fiscal year at a time if the state determines that: (1) all children with disabilities have available to them a free, appropriate public education; or (2) the LEA has not reduced the level of expenditures for the education of children with disabilities for such fiscal year disproportionately to other expenditures, and granting a waiver would be equitable due to exceptional or uncontrollable circumstances or a precipitous and unforeseen decline in the LEA's financial resources.