14 Del. Admin. Code § 924-3.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 924-3.0 - Maintenance of Effort3.1 General: Except as provided in Sections 4.0 and 5.0, funds provided to an LEA under Part B of the Act shall not be used to reduce the level of expenditures for the education of children with disabilities made by the LEA from local funds below the level of those expenditures for the preceding fiscal year.3.2 Standard: Except as provided in subsection 3.3, an LEA complies with subsection 3.1 for purposes of establishing the LEA's eligibility for an award for a fiscal year if the LEA budgets, for the education of children with disabilities, at least the same total or per capita amount from either of the following sources as the LEA spent for that purpose from the same source for the most recent prior year for which information is available:3.2.2 The combination of State and local funds.3.3 An LEA that relies on subsection 3.2.1 for any fiscal year shall ensure that the amount of local funds it budgets for the education of children with disabilities in that year is at least the same, either in total or per capita, as the amount it spent for that purpose in the most recent fiscal year for which information is available and the standard in subsection 3.2.1 was used to establish its compliance with this section.3.4 The DOE shall not consider any expenditure made from funds provided by the Federal Government for which the DOE is required to account to the Federal Government or for which the LEA is required to account to the Federal Government directly or through the DOE in determining an LEA's compliance with the requirement in subsection 3.1. (Authority: 20 U.S.C. 1413(a)(2)(A); 14 Del.C. § 3110)
14 Del. Admin. Code § 924-3.0
26 DE Reg. 845 (4/1/2023) (final)