§300.204. Exception to maintenance of effort.
34 C.F.R. § 300.204
Notwithstanding the restriction in § 300.203(b), an LEA may reduce the level of expenditures by the LEA under Part B of the Act below the level of those expenditures for the preceding fiscal year if the reduction is attributable to any of the following:
The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel.
A decrease in the enrollment of children with disabilities.
The termination of the obligation of the agency, consistent with this part, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the SEA, because the child—
Has left the jurisdiction of the agency;
Has reached the age at which the obligation of the agency to provide FAPE to the child has terminated; or
No longer needs the program of special education.
The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities.
The assumption of cost by the high cost fund operated by the SEA under § 300.704(c).
Notes, amendments, and revision history
Amendments
[71 FR 46753, Aug. 14, 2006, as amended at 80 FR 23667, Apr. 28, 2015]
Authority
Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.
Source
Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.
Amendments
[71 FR 46753, Aug. 14, 2006, as amended at 80 FR 23667, Apr. 28, 2015]