Current through December 10, 2024
Section 7-34-C-300.202 - Use of amounts(a)General. Amounts provided to the LEA under Part B of IDEA-(1)Will be expended in accordance with the applicable provisions;(2)Will be used only to pay the excess costs of providing special education and related services to children with disabilities, consistent with paragraph (b) below (Excess Cost Requirement); and(3)Will be used to supplement State, local, and other federal funds and not to supplant those funds.(b)Excess cost requirement- (1)General.(i) The excess cost requirement prevents an LEA from using Part B of IDEA funds to pay for all of the costs directly attributable to the education of a child with a disability, subject to paragraph (b)(1)(ii) below.(ii) The excess cost requirement does not prevent an LEA from using Part B of IDEA funds to pay for all of the costs directly attributable to the education of a child with a disability in any of the ages 3, 4, 5, 18, 19, 20, or 21, if no local or State funds are available for nondisabled children of these ages. However, the LEA must comply with the non-supplanting and other requirements of the IDEA 2004 regulations in providing the education and services for these children.(2)(i) An LEA meets the excess cost requirement if it has spent at least a minimum average amount for the education of its children with disabilities before Part B of IDEA funds are used.(ii) The amount described in paragraph (b)(2)(i) above is determined in accordance with the definition of excess costs in §300.16. That amount may not include capital outlay or debt service. (3) If two (2) or more LEAs jointly establish eligibility, the minimum average amount is the average of the combined minimum average amounts determined in accordance with the definition of excess costs in §300.16 in those agencies for elementary or secondary school students, as the case may be.7 Miss. Code. R. 34-C-300.202