Current through December 10, 2024
Section 7-34-B-300.163 - Maintenance of State financial support(a)General. Mississippi does not reduce the amount of State financial support for special education and related services for children with disabilities, or otherwise made available because of the excess costs of educating those children, below the amount of that support for the preceding fiscal year.(b)Reduction of funds for failure to maintain support. The Secretary of the U.S. Department of Education reduces the allocation of funds under section 611 of IDEA for any fiscal year following the fiscal year in which the State fails to comply with the requirement of paragraph (a) above by the same amount by which the State fails to meet the requirement.(c)Waivers for exceptional or uncontrollable circumstances. The Secretary of the U.S. Department of Education may waive the requirement of paragraph (a) above for Mississippi, for one fiscal year at a time, if the Secretary determines that- (1) Granting a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State; or(2)As required in §300.164, the State meets the standard for a waiver to supplement, not to supplant, funds received under Part B of IDEA.(d)Subsequent years. As mentioned in paragraph (a) above, if, for any fiscal year, Mississippi fails to meet the requirement of paragraph (a) above, including any year for which the State is granted a waiver under paragraph (c) above, the financial support required of the State in future years under paragraph (a) above shall be the amount that would have been required in the absence of that failure and not the reduced level of the State's support.7 Miss. Code. R. 34-B-300.163