Iowa Admin. Code rr. 281-41.204

Current through Register Vol. 47, No. 5, September 4, 2024

Rule 281-41.204 - Exception to maintenance of effort

Notwithstanding the restriction in subrule 41.203(2), an AEA or LEA may reduce the level of expenditures by the AEA or 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:

(1)Departure of personnel. The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel.

(2)Decrease in enrollment. A decrease in the enrollment of children with disabilities.

(3)Termination of obligation to provide an "exceptionally costly" program to a particular child. The termination of the obligation of the agency 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:

a. Has left the jurisdiction of the agency;

b. Has reached the age at which the obligation of the agency to provide FAPE to the child has terminated; or

c. No longer needs the program of special education.

(4)Termination of costly expenditures for long-term purchases. The termination of costly expenditures for long-term purchases, such as the acquisition of equipment.

(5)High-cost fund. The assumption of cost by the high-cost fund operated by the state under this chapter.

Iowa Admin. Code rr. 281-41.204

Amended by IAB October 11, 2017/Volume XL, Number 8, effective 11/15/2017

Adopted by IAB April 17, 2024/Volume XLVI, Number 21, effective 5/22/2024