{"data":{"id":"us/34-cfr-appendix-d-to-part-300","jurisdiction":"us","citation":"34 CFR Appendix D to Part 300","heading":"Appendix D to Part 300—Maintenance of Effort and Early Intervening Services","body":"LEAs that seek to reduce their local maintenance of effort in accordance with § 300.205(d) and use some of their Part B funds for early intervening services under § 300.226 must do so with caution because the local maintenance of effort reduction provision and the authority to use Part B funds for early intervening services are interconnected. The decisions that an LEA makes about the amount of funds that it uses for one purpose affect the amount that it may use for the other. Below are examples that illustrate how §§ 300.205(d) and 300.226(a) affect one another.\nExample 1:\nIn this example, the amount that is 15 percent of the LEA's total grant (see § 300.226(a)), which is the maximum amount that the LEA may use for early intervening services (EIS), is greater than the amount that may be used for local maintenance of effort (MOE) reduction (50 percent of the increase in the LEA's grant from the prior year's grant) (see § 300.205(a)).\nPrior Year's Allocation $900,000.\nCurrent Year's Allocation 1,000,000.\nIncrease 100,000.\nMaximum Available for MOE Reduction 50,000.\nMaximum Available for EIS 150,000.\nIf the LEA chooses to set aside $150,000 for EIS, it may not reduce its MOE (MOE maximum $50,000 less $150,000 for EIS means $0 can be used for MOE).\nIf the LEA chooses to set aside $100,000 for EIS, it may not reduce its MOE (MOE maximum $50,000 less $100,000 for EIS means $0 can be used for MOE).\nIf the LEA chooses to set aside $50,000 for EIS, it may not reduce its MOE (MOE maximum $50,000 less $50,000 for EIS means $0 can be used for MOE).\nIf the LEA chooses to set aside $30,000 for EIS, it may reduce its MOE by $20,000 (MOE maximum $50,000 less $30,000 for EIS means $20,000 can be used for MOE).\nIf the LEA chooses to set aside $0 for EIS, it may reduce its MOE by $50,000 (MOE maximum $50,000 less $0 for EIS means $50,000 can be used for MOE).\nExample 2:\nIn this example, the amount that is 15 percent of the LEA's total grant (see § 300.226(a)), which is the maximum amount that the LEA may use for EIS, is less than the amount that may be used for MOE reduction (50 percent of the increase in the LEA's grant from the prior year's grant) (see § 300.205(a)).\nPrior Year's Allocation $1,000,000.\nCurrent Year's Allocation 2,000,000.\nIncrease 1,000,000.\nMaximum Available for MOE Reduction 500,000.\nMaximum Available for EIS 300,000.\nIf the LEA chooses to use no funds for MOE, it may set aside $300,000 for EIS (EIS maximum $300,000 less $0 means $300,000 for EIS).\nIf the LEA chooses to use $100,000 for MOE, it may set aside $200,000 for EIS (EIS maximum $300,000 less $100,000 means $200,000 for EIS).\nIf the LEA chooses to use $150,000 for MOE, it may set aside $150,000 for EIS (EIS maximum $300,000 less $150,000 means $150,000 for EIS).\nIf the LEA chooses to use $300,000 for MOE, it may not set aside anything for EIS (EIS maximum $300,000 less $300,000 means $0 for EIS).\nIf the LEA chooses to use $500,000 for MOE, it may not set aside anything for EIS (EIS maximum $300,000 less $500,000 means $0 for EIS).","path":["Title 34—Education","Subtitle B—Regulations of the Offices of the Department of Education","CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION","PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-34.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:40Z","sha256":"af0ed465f568701c8512207e87bb4df74e7d582ff588bf92e371936c07ac8331","source_id":"us-cfr","stale":true,"prev":"us/34-cfr-appendix-c-to-part-300","next":"us/34-cfr-appendix-e-to-part-300"},"notice":"GroundRules: Original legal text. Not legal advice."}