14 Del. Admin. Code § 923-33.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 923-33.0 - Expenditures

33.1 Formula: To meet the requirement of subsection 32.1, each LEA shall spend the following on providing special education and related services (including direct services) to parentally placed private school children with disabilities:

33.1.1 For children aged 3 through 22, an amount that is the same proportion of the LEA's total sub grant under section 611(f) of the Act as the number of private school children with disabilities aged 3 through 22 who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, is to the total number of children with disabilities in its jurisdiction aged 3 through 22.

33.1.2 For children aged 3 through 5, an amount that is the same proportion of the LEA's total sub grant under section 619(g) of the Act as the number of parentally placed private school children with disabilities aged 3 through 5 who are enrolled by their parents in a private, including religious, elementary school located in the school district served by the LEA, is to the total number of children with disabilities in its jurisdiction aged 3 through 5.

33.1.3 As described in subsection 33.1.2 of this section, children aged 3 through 5 are considered to be parentally placed private school children with disabilities enrolled by their parents in private, including religious, elementary schools, if they are enrolled in a private school that meets the definition of elementary school in 14 DE Admin. Code 922, Section 3.0.

33.1.4 If an LEA has not expended for equitable services all of the funds described in subsections 33.1.1, 33.1.2 and 33.1.3 by the end of the fiscal year for which Congress appropriated the funds, the LEA shall obligate the remaining funds for special education and related services (including direct services) to parentally placed private school children with disabilities during a carry over period of 1 additional year.

33.2 Calculating proportionate amount: In calculating the proportionate amount of Federal funds to be provided for parentally placed private school children with disabilities, the LEA, after timely and meaningful consultation with representatives of private schools in Section 34.0 shall conduct a thorough and complete Child Find process to determine the number of parentally placed children with disabilities attending private schools located in the LEA.

33.3 Annual count of the number of parentally placed private school children with disabilities: Each LEA shall after timely and meaningful consultation with representatives of parentally placed private school children with disabilities (consistent with Section 34.0), determine the number of parentally placed private school children with disabilities attending private schools located in the LEA; and ensure that the count is conducted on any date between October 1 and December 1, inclusive, of each year.

33.3.1 The count shall be used to determine the amount that the LEA shall spend on providing special education and related services to parentally placed private school children with disabilities in the next subsequent fiscal year.

33.4 Supplement, not supplant: State and local funds may supplement and in no case supplant the proportionate amount of Federal funds required to be expended for parentally placed private school children with disabilities under these regulations.

(Authority: 20 U.S.C. 1412(a)(10)(A); 14 Del.C. § 3110)

14 Del. Admin. Code § 923-33.0

26 DE Reg. 843 (4/1/2023) (final)