---
kind: "section"
citation: "34 C.F.R. § 300.205"
title: "34"
number: "300.205"
heading: "Adjustment to local fiscal efforts in certain fiscal years."
url: "https://uscodex.org/cfr/34/300.205"
---

# §300.205. Adjustment to local fiscal efforts in certain fiscal years.

- (a) **Amounts in excess.** Notwithstanding § [300.202(a)(2)](/cfr/34/300.202.md?p=a-2) and [(b)](/cfr/34/300.202.md?p=a-b) and [§ 300.203(b)](/cfr/34/300.203.md?p=b), and except as provided in [paragraph (d)](#d) of this section and [§ 300.230(e)(2)](/cfr/34/300.230.md?p=e-2), for any fiscal year for which the allocation received by an LEA under [§ 300.705](/cfr/34/300.705.md) exceeds the amount the LEA received for the previous fiscal year, the LEA may reduce the level of expenditures otherwise required by [§ 300.203(b)](/cfr/34/300.203.md?p=b) 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 [paragraph (a)](#a) of this section, the LEA must use an amount of local funds equal to the reduction in expenditures under [paragraph (a)](#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 [paragraph (a)](#a) of this section, if an SEA determines that an LEA is unable to establish and maintain programs of FAPE that meet the requirements of section 613(a) of the Act and this part or the SEA has taken action against the LEA under section 616 of the Act and [subpart F](/cfr/34/subpartF.md) of these regulations, the SEA must prohibit the LEA from reducing the level of expenditures under [paragraph (a)](#a) of this section for that fiscal year.
- (d) **Special rule.** The amount of funds expended by an LEA for early intervening services under [§ 300.226](/cfr/34/300.226.md) shall count toward the maximum amount of expenditures that the LEA may reduce under [paragraph (a)](#a) of this section.

## Notes

### 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]