La. Admin. Code tit. 28 § XLIII-205

Current through Register Vol. 50, No. 3, March 20, 2024

Section XLIII-205 - Exception to Maintenance of Effort

A. Notwithstanding the restriction in §204. A, an LEA may reduce the level of expenditures by the LEA under part B of the IDEA below the level of those expenditures for the preceding fiscal year if the reduction is attributable to any of the following:

1. the voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel;

2. a decrease in the enrollment of students with disabilities;

3. the termination of the obligation of the agency, consistent with these regulations, to provide a program of special education to a particular student with a disability that is an exceptionally costly program, as determined by the LDE, because the student:

a. has left the jurisdiction of the agency;

b. has reached the age at which the obligation of the agency to provide FAPE to the student has terminated; or

c. no longer needs the program of special education.

B. The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities.

C. The assumption of cost by the high cost fund operated by the LDE under 34 CFR 300.704(c).

La. Admin. Code tit. 28, § XLIII-205

Promulgated by the Board of Elementary and Secondary Education, LR 34:2054 (October 2008).

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