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ED/OSERS RIN: 1820-AB81 Publication ID: Spring 2021 
Title: ●IDEA Part C 

The Department plans to issue this proposed rule to provide flexibilities to grantees regarding the requirements set forth in 20 U.S.C. 1437(b)(5)(B) and 34 CFR 303.225. IDEA section 637(b)(5)(B) requires a State to provide as part of its annual application an assurance that Federal funds available under section 643 of the Act will be used to supplement the level of State and local funds expended for infants and toddlers with disabilities and their families and in no case to supplant those State and local funds.  As part of that assurance, States must confirm that they are in compliance with the IDEA Part C State-level maintenance of effort (MOE) requirement. The current MOE regulation provides very limited flexibility with only two exceptions listed. The Department is planning issue this proposed rule to provide additional, appropriate flexibilities to States in meeting the MOE requirements of section 637(b)(5)(B) of the IDEA and 34 CFR 303.225 while also ensuring appropriate levels of State and local funding support for infants and toddlers with disabilities and their families.

Agency: Department of Education(ED)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 34 CFR 303.225   
Legal Authority: 20 U.S.C. 1437(b)(5)(B)   
Legal Deadline:  None
Action Date FR Cite
NPRM  10/00/2021 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Rebecca Walawender
Department of Education
Office of Special Education and Rehabilitative Services
550 12th Street, SW, Room 5103,
Washington, DC 20202
Phone:202 245-7399