Iowa Admin. Code r. 281-41.162 - Supplementation of state, local, and other federal funds
(1)
Expenditures. Funds paid to a state under this chapter must be
expended in accordance with all the provisions of this chapter.
(2)
Prohibition against
commingling.
a. Funds paid to a
state under this chapter must not be commingled with state funds.
b. The requirement in paragraph
41.162(2)"a" is satisfied by the use of a separate accounting
system that includes an audit trail of the expenditure of funds paid to a state
under this chapter. Separate bank accounts are not required. (See
34 CFR
76.702, fiscal control and fund accounting
procedures.)
(3)
State-level nonsupplanting.
a. Except as provided in rule
281-41.203 (256B, 34CFR300),
funds paid to a state under Part B of the Act must be used to supplement the
level of federal, state, and local funds, including funds that are not under
the direct control of the SEA or LEAs, expended for special education and
related services provided to children with disabilities under Part B of the
Act, and in no case to supplant those federal, state, and local
funds.
b. If the state provides
clear and convincing evidence that all children with disabilities have
available to them FAPE, the Secretary may waive, in whole or in part, the
requirements of paragraph 41.162(3)"a" if the Secretary
concurs with the evidence provided by the state under
34 CFR Section
300.164.
Notes
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