14 Del. Admin. Code § 924-2.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 924-2.0 - Use of Amounts2.1 General: Amounts provided to the LEA under Part B of the Act shall be expended in accordance with the applicable provisions of these regulations; shall be used only to pay the excess costs of providing special education and related services to children with disabilities, consistent with subsection 2.2; and shall be used to supplement State, local, and other Federal funds and not to supplant those funds.2.2 Excess cost requirement, General: The excess cost requirement prevents an LEA from using funds provided under Part B of the Act to pay for all of the costs directly attributable to the education of a child with a disability, subject to subsection 2.2.1.2.2.1 The excess cost requirement does not prevent an LEA from using Part B funds to pay for all of the costs directly attributable to the education of a child with a disability in any of the ages 3, 4, 5, 18, 19, 20, 21, or 22, if no local or State funds are available for nondisabled children of these ages. However, the LEA shall comply with the non supplanting and other requirements of these regulations in providing the education and services for these children.2.2.2 An LEA meets the excess cost requirement if it has spent at least a minimum average amount for the education of its children with disabilities before funds under Part B of the Act are used.2.2.2.1 The amount described in subsection 2.2.2 is determined in accordance with the definition of excess costs in 14 DE Admin. Code 922, Section 3.0. That amount may not include capital outlay or debt service.2.2.3 If two or more LEAs jointly establish eligibility in accordance with Section 23.0, the minimum average amount is the average of the combined minimum average amounts determined in accordance with the definition of excess costs in 14 DE Admin. Code 922, Section 3.0 in those agencies for elementary or secondary school students, as the case may be. (Authority: 20 U.S.C. 1413(a)(2)(A); 14 Del.C. § 3110)
14 Del. Admin. Code § 924-2.0
26 DE Reg. 845 (4/1/2023) (final)