Section 1 Short title
This Act may be cited as the “Building on Local District Flexibility in IDEA Act”.
Building on Local District Flexibility in IDEA Act
A BILL
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.
Sec. 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)) is amended—
in subparagraph (A)(iii), by striking “subparagraphs (B) and (C)” and inserting “subparagraphs (B), (C), and (E)”;
in subparagraph (B)—
in clause (iii)(III), by striking “or” at the end;
in clause (iv), by striking the period at the end and inserting a semicolon; and
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.”
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.”