Delaware Administrative Code
Title 14 - Education
900 - Special Populations
924 - Children with Disabilities Subpart C Local Educational Agency Eligibility
Section 924-4.0 - Exception to Maintenance of Effort

Universal Citation: 14 DE Admin Code 924-4.0

Current through Register Vol. 28, No. 3, September 1, 2024

4.1 Notwithstanding the restriction in subsection 3.1, 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:

4.1.1 The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel.

4.1.2 A decrease in the enrollment of children with disabilities.

4.1.3 The termination of the obligation of the agency, consistent with these regulations, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as individually determined by the DOE, because the child:
4.1.3.1 Has left the jurisdiction of the agency;

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

4.1.3.3 No longer needs the program of special education.

4.1.3.4 The termination of costly expenditures for long term purchases, such as the acquisition of equipment or the construction of school facilities.

4.1.3.5 The assumption of cost by any high cost fund operated by the DOE under 34 CFR § 300.704(c).

(Authority: 20 U.S.C. 1413(a)(2)(B); 14 Del.C. § 3110)

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