La. Admin. Code tit. 28 § XLIII-206

Current through Register Vol. 50, No. 11, November 20, 2024

Section XLIII-206 - Adjustment to Local Fiscal Efforts in Certain Fiscal Years

A. Amounts in Excess. Notwithstanding §203. A.2 and B and §204 A, and except as provided in Subsection D of this Section and 34 CFR 300.230(e)(2), for any fiscal year for which the allocation received by an LEA under §705 exceeds the amount the LEA received for the previous fiscal year, the LEA may reduce the level of expenditures otherwise required by §204. A by not more than 50 percent of the amount of that excess.

B. Use of Amounts to Carry Out Activities under ESEA. If an LEA exercises the authority under Subsection A of this Section, the LEA shall use an amount of local funds equal to the reduction in expenditures under Subsection A of this Section 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.

C. State Prohibition. Notwithstanding Subsection A of this Section, if the LDE determines that an LEA is unable to establish and maintain programs of FAPE that meet the requirement of Section 613(a) of the IDEA and these regulations or the LDE has taken action against the LEA under Section 616 of the IDEA and Chapter Six of these regulations, the LDE shall prohibit the LEA from reducing the level of expenditure under Subsection A of this Section for that fiscal year.

D. Special Rule. The amount of funds expended by the LEA for early intervening services under §226 shall count toward the maximum amount of expenditure that the LEA may reduce under Paragraph 1 of this Section.

La. Admin. Code tit. 28, § XLIII-206

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.