NC Education Code · NC Policy Manual

NC 1501-6.4 Expenditures

Plain English summary

This regulation establishes the formula LEAs must use to calculate and spend the proportionate share of IDEA federal funds on special education and related services for parentally placed private school children with disabilities. LEAs must conduct an annual child count between October 1 and December 1 to determine the number of such children, which then drives the funding calculation for the next fiscal year. Any unspent funds must be obligated during a one-year carryover period, and state and local funds may not supplant the required federal expenditure.

Key requirements

  • Each LEA shall spend the following on providing special education and related services (including direct services) to parentally placed private school children with disabilities
  • For children aged 3 through 21, an amount that is the same proportion of the LEA's total sub grant under section 611(f) and/or 619(g) of the IDEA as the number of private school children with disabilities aged 3 through 21 who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the LEA, is to the total number of children with disabilities in its jurisdiction aged 3 through 21
  • If an LEA has not expended for equitable services all of the funds described in paragraphs (a)(1) and (a)(2) of this section by the end of the fiscal year for which Congress appropriated the funds, the LEA must obligate the remaining funds for special education and related services (including direct services) to parentally placed private school children with disabilities during a carry-over period of one additional year
  • The LEA, after timely and meaningful consultation with representatives of private schools, must conduct a thorough and complete child find process to determine the number of parentally-placed children with disabilities attending private schools located in the LEA
  • Each LEA must consult with representatives of parentally-placed private school children with disabilities in deciding how to conduct the annual count of the number of parentally-placed private school children with disabilities
  • Ensure that the count is conducted on any date between October 1 and December 1, inclusive
  • The child count must be used to determine the amount that the LEA must spend on providing special education and related services to parentally-placed private school children with disabilities in the next subsequent fiscal year
  • State and local funds may supplement and in no case, supplant the proportionate amount of Federal funds required to be expended for parentally-placed private school children with disabilities under these Policies

Affected parties

  • Local Education Agencies (LEAs)
  • Parentally placed private school children with disabilities aged 3-21
  • Parentally placed private school children with disabilities aged 3-5
  • Private school representatives
  • Religious school representatives
  • Special education administrators

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=31