States around the nation remain immersed in a deep fiscal crisis, which experts predict may last at least another year. One way some states have chosen to alleviate their fiscal burdens has been by using an IDEA provision, commonly referred to as the Maintenance of Effort waiver. In short, states ask the U.S. Department of Education to waive the requirement, explained in 34 C.F.R. Section 300.163(a), that the state spends the same amount of state funds in the current year that they spent on special education for the previous year. For those interested in whether their state has applied for or received a waiver, the Department created a website which links to all state applications and Department responses.
Thus far, Kansas, South Carolina, West Virginia, Iowa, New Jersey, and Alabama have requested a waiver and their applications appear on the site. Most recently, Oregon announced it will also seek a waiver for the 2011-2012 school year. Of all applications currently submitted, the Department has only approved waivers for Iowa, Kansas and West Virginia. Other requests are pending. To view the site, click
here.
It is important to point out that this waiver is legal under IDEA and does not allow states to permanently reduce state funds. Instead, if the Department grants a waiver, the amount of financial support required of the state in future years is the same amount that would have been required in the absence of the waiver. Regardless, any waiver means less money is directed to special education services, which is always a concern to CEC and its members. Thus, CEC is carefully monitoring the process.
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