§ 300.202 Use of amounts.

Plain English summary

This section governs how LEAs must use Part B IDEA funds, requiring that funds only pay for excess costs of special education and related services, supplement rather than supplant existing funds, and that LEAs have spent a minimum average amount on children with disabilities before using Part B funds. The excess cost requirement generally prevents LEAs from using Part B funds to cover all costs attributable to a child with a disability, with a limited exception for certain age groups when no local or State funds exist for nondisabled children of those ages.

Key requirements

• Amounts provided to the LEA under Part B of the Act must be expended in accordance with the applicable provisions of this part.
• Amounts must be used only to pay the excess costs of providing special education and related services to children with disabilities.
• Amounts must be used to supplement State, local, and other Federal funds and not to supplant those funds.
• The excess cost requirement prevents an LEA from using funds provided under Part B of the Act to pay for all of the costs directly attributable to the education of a child with a disability.
• 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 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.
• The LEA must comply with the nonsupplanting and other requirements of this part in providing the education and services for children in the excepted age groups.
• 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 funds under Part B of the Act are used.
• The minimum average amount may not include capital outlay or debt service.
• If two or more LEAs jointly establish eligibility in accordance with § 300.223, 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.

Affected parties

• Local Educational Agencies (LEAs)
• Children with disabilities
• State educational agencies
• Jointly established LEAs under § 300.223

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.202