La. Admin. Code tit. 28 § XLIII-203

Current through Register Vol. 50, No. 4, April 20, 2024

Section XLIII-203 - Use of Amounts

A. General. Amounts provided to the LEA under Part B of the IDEA:

1. shall be expended in accordance with applicable provisions of these regulations;

2. shall be used only to pay the excess cost of providing special education and related services to students with disabilities, consistent with Subsection B of this Section; and

3. shall be used to supplement state, local, and other federal funds and not to supplant those funds.

B. Excess Cost Requirement

1. General

a. The excess cost requirement prevents an LEA from using funds provided under Part B of the IDEA to pay for all of the costs directly attributable to the education of a student with a disability, subject to Subparagraph B.1.b of this Section.

b. 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 student with a disability in any of the ages of 3, 4, 5, 18, 19, 20, or 21, if no local or state funds are available for non-disabled students 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 students. IDEA Part B funds received shall not be commingled with state funds.

a. An LEA meets the excess cost requirement if it has spent at least a minimum average amount for the education of each of its students with disabilities before funds under Part B of the IDEA are used.

b. The amount described in Subparagraph B.2.a is determined in accordance with the definition of excess cost in §905 and that amount may not include capital outlay or debt service.

3. If two or more LEAs jointly establish eligibility in accordance with §223, the minimum average amount is the average of the combined minimum average amounts determined in accordance with the definition of excess costs in §905 in those agencies for elementary or secondary school students, as the case may be.

La. Admin. Code tit. 28, § XLIII-203

Promulgated by the Board of Elementary and Secondary Education, LR 34:2053 (October 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S.17:1941 et seq.