14 Del. Admin. Code § 924-5.0

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

Section 924-5.0 - Adjustment to Local Fiscal Efforts in Certain Fiscal Years

5.1 Amounts in excess: Notwithstanding the requirement in subsection 2.1 that amounts provided to the LEA under Part B of the Act shall be used only to pay the excess costs of providing special education and related services to children with disabilities, and further notwithstanding subsections 2.2 and 3.1, and except as provided in subsection 5.4 and 34 CFR § 300.230(e)(2) (relating to adjustments to State level fiscal efforts in certain fiscal years), for any fiscal year for which the allocation received by an LEA under 14 DE Admin. Code 928, Section 5.0 exceeds the amount the LEA received for the previous fiscal year, the LEA may reduce the level of expenditures otherwise required by subsection 3.1 by not more than 50 percent of the amount of that excess.

5.2 Use of amounts to carry out activities under ESEA: If an LEA exercises the authority in subsection 5.1, the LEA shall use an amount of local funds equal to the reduction in expenditures subsection 5.1 to carry out activities that could be supported with funds under the ESEA regardless of whether the LEA is using funds under the ESEA for those activities.

5.3 State prohibition: Notwithstanding subsection 5.1, if the DOE determines that an LEA is unable to establish and maintain programs of FAPE that meet the requirements of section 613(a) of the Act and these regulations or the DOE has taken action against the LEA under 14 DE Admin. Code 927 the LEA is prohibited from reducing the level of expenditures in subsection 5.1 for that fiscal year.

5.4 Special rule: The amount of funds expended by an LEA for early intervening services in Section 26.0 shall count toward the maximum amount of expenditures that the LEA may reduce in subsection 5.1.

(Authority: 20 U.S.C. 1413(a)(2)(C); 14 Del.C. § 3110)

14 Del. Admin. Code § 924-5.0

26 DE Reg. 845 (4/1/2023) (final)