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DLTC Memo Series 2010-03

STATE OF WISCONSIN
Department of Health Services
Division of Long Term Care

DLTC Numbered Memo Series 2010-03
Date:
January 14, 2010
Index Title: MOE Requirements for Wisconsin Birth to 3 Program

To: Listserv

To: Area Administrators/Human Services Area Coordinators
County Departments of Community Programs Directors
County Departments of Developmental Disabilities Services Directors
County Departments of Human Services Directors
County Birth to 3 Administrators and Coordinators

From: Susan Crowley
Administrator

Subject: Maintenance of Effort (MOE) Requirements for the Wisconsin Birth to 3
Program

Document Summary

This memo clarifies the non-supplanting requirements of the Individuals with Disabilities Education Act (IDEA) Part C, commonly known as the maintenance of effort (MOE) for the Birth to 3 Program, and revises current Department of Health Services (DHS) policy to require that the local MOE be determined annually.

DHS is the lead agency under Part C for the administration of the early intervention system as well as the entity responsible for assigning financial responsibility among appropriate agencies to ensure that the state complies with Part C of IDEA. (34 CFR 303.143) In addition, DHS is required to submit assurances that federal funds made available for early intervention services will not supplant state and local funds. DHS must ensure that funds budgeted and expended under Part C are at least equal to the total amount of funds actually expended for early intervention services in the most recent preceding fiscal year for which the information is available. The specific federal reference is as follows:

34 CFR 303.124
Prohibition against supplanting.
(a) The statement must include an assurance satisfactory to the Secretary that Federal funds made available under this part will be used to supplement the level of State and local funds expended for children eligible under this part and their families and in no case to supplant those State and local funds.
(b) To meet the requirement in paragraph (a) of this section, the total amount of State and local funds budgeted for expenditures in the current fiscal year for early intervention services for children eligible under this part and their families must be at least equal to the total amount of State and local funds actually expended for early intervention services for these children and their families in the most recent preceding fiscal year for which the information is available. Allowance may be made for--
(1) Decreases in the number of children who are eligible to receive early intervention services under this part; and
(2) Unusually large amounts of funds expended for such long-term purposes as the acquisition of equipment and the construction of facilities.

Wisconsin's MOE requirements must match the definitions and requirements identified in the federal Part C IDEA provisions to meet the non-supplanting stipulation. As a result, the following change in the definition and resulting county requirements of MOE will be implemented beginning in CY 2010:

The total amount of expected expenditures (budget) for the Wisconsin Birth to 3 Program will be based upon the funds actually expended for early intervention services for children and their families in the most recent fiscal year for which reconciled information is available. The MOE for a county Birth to 3 Program will be based on the actual expenditures in the most recent, reconciled fiscal year.

Wisconsin has defined the most recent preceding fiscal year for which the information is available as the most recent reconciled Calendar Year (CY). Therefore, the most recent, reconciled fiscal year for CY2010 is CY2008.

To ensure that the funds expended for CY2008 contain only expenditures subject to MOE requirements, counties will have the opportunity to review, modify as necessary and certify their previously reconciled CY2008 expenditures and revenues. Counties will be able to modify their CY2008 Birth to 3 Fiscal Reconciliation Report to deduct expenditures that are not subject to MOE. For example, IDEA identifies allowances for expenditures that are not subject to MOE: 1. decreases in the number of children who are eligible to receive early intervention services, and 2. unusually large amounts of funds expended for long-term purposes such as the acquisition of equipment and the construction of facilities. Counties may also want to review how related administrative, fiscal and facility costs previously reported relate specifically to Birth to 3 Program costs. Also note that proceeds from public or private insurance are not considered state or local funds and are not subject to MOE requirements.

Attached is a summary of the reported expenses for all counties in CY2008. If you believe you have further allowable deductions to the expenditures reported on the Birth to 3 Reconciliation Report for 2008, please contact Darsell Johns at 608-267-7844 to make arrangements to amend that report.

We recognize that this methodology for determining the MOE may require some adjustments for counties in their future planning. We appreciate your efforts to ensure compliance with the federal requirement. We look forward to continuing our strong state/county partnership on this important program.

CENTRAL OFFICE CONTACT: Darsell Johns, 608-267-7844 or Darsell.Johns@dhs.wisconsin.gov

MEMO WEB SITE: http://www.dhs.wisconsin.gov/dsl_info/

Attachments: County Birth to 3 Expenditures