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 67-23-03-05 - Excess cost requirement under part B of IDEA

Universal Citation: ND Admin Code ยง 67-23-03-05

Current through Supplement No. 394, October, 2024

1. The excess cost requirement means that the local education agency must spend a certain minimum amount, as specified in part B of IDEA and as calculated in section 67-23-03-06, for the education of its disabled children before IDEA part B funds may be used.

2. After a local education agency has shown on an annual amendment to its current approved plan that, on the average, it has spent the minimum for the education of its children with disabilities, the local education agency has met the excess cost requirement and all additional costs are excess costs.

3. Part B of IDEA funds may then be used to pay for those additional costs.

General Authority: NDCC 15-59-05

Law Implemented: NDCC 15-59-05, 15-59-05.1, 15-59-05.2; 20 USC 1400 - 1419

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