Delaware Administrative Code
Title 14 - Education
900 - Special Populations
924 - Children with Disabilities Subpart C Local Educational Agency Eligibility
Section 924-23.0 - Joint Establishment of Eligibility
Current through Register Vol. 28, No. 3, September 1, 2024
23.1 General: The DOE may require an LEA to establish its eligibility jointly with another LEA if the DOE determines that the LEA will be ineligible under 14 DE Admin. Code 924 because the agency will not be able to establish and maintain programs of sufficient size and scope to effectively meet the needs of children with disabilities.
23.2 Charter school exception: The DOE may not require a charter school that is an LEA to jointly establish its eligibility under subsection 23.1 unless the charter school is explicitly permitted to do so under the State's charter school statute.
23.3 Amounts of payments: If the DOE requires the joint establishment of eligibility under subsection 23.1, the total amount of funds made available to the affected LEAs shall be equal to the sum of the payments that each LEA would have received under 14 DE Admin. Code 928, Section 5.0, if the agencies were eligible for those payments.
(Authority: 20 U.S.C. 1413(e)(1) and (2); 14 Del.C. § 3110)