North Dakota Administrative Code
Title 67 - Public Instruction, Superintendent of
Article 67-23 - Special Education
Chapter 67-23-03 - Federal Funding for Special Education
Section 67-23-03-04 - Authorized use of part B of IDEA funds

1. After the special education unit has documented through an amendment to its current approved plan and on its part B of IDEA application for federal funds that it has met the excess costs and maintenance of effort requirements, the part B funds may be used for whatever special services and activities are necessary to meet the requirements of part B of the Individuals With Disabilities Education Act.

2. For purposes of this section, maintenance of effort means that funds provided to a local education agency under part B of IDEA may not be used to reduce the level of expenditures for the education of children with disabilities made by the local education agency from local funds below the level of those expenditures for the preceding fiscal year.

3. Any other use of funds under part B of IDEA unless expressly authorized by the department or the United States department of education is prohibited.