Iowa Admin. Code r. 281-41.203 - Maintenance of effort
(1)
Eligibility standard.
a. For
purposes of establishing the LEA's eligibility for an award for a fiscal year,
the SEA must determine that the LEA budgets, for the education of children with
disabilities, at least the same amount, from at least one of the following
sources, as the LEA spent for that purpose from the same source for the most
recent fiscal year for which information is available:
(1) Local funds only;
(2) The combination of state and local
funds;
(3) Local funds only on a
per capita basis; or
(4) The
combination of state and local funds on a per capita basis.
b. When determining the amount of
funds that the LEA must budget to meet the requirement in paragraph
41.203(1)"a," the LEA may take into consideration, to the
extent the information is available, the exceptions and adjustment provided in
rules 281-41.204 (256B, 34CFR300 ) and
281-41.205 (256B, 34CFR300) that
the LEA:
(1) Took in the intervening year or
years between the most recent fiscal year for which information is available
and the fiscal year for which the LEA is budgeting; and
(2) Reasonably expects to take in the fiscal
year for which the LEA is budgeting.
c. Expenditures made from funds provided by
the federal government for which the SEA is required to account to the federal
government or for which the LEA is required to account to the federal
government directly or through the SEA may not be considered in determining
whether an LEA meets the standard in paragraph
41.203(1)"a."
(2)
Compliance standard.
a. Except as provided in rules
281-41.204 (256B, 34CFR300) and
281-41.205 (256B, 34CFR300), funds provided to an LEA under Part B of the Act
must not be used to reduce the level of expenditures for the education of
children with disabilities made by the LEA from local funds below the level of
those expenditures for the preceding fiscal year.
b. An LEA meets this standard if it does not
reduce the level of expenditures for the education of children with
disabilities made by the LEA from at least one of the following sources below
the level of those expenditures from the same source for the preceding fiscal
year, except as provided in rules
281-41.204 (256B, 34CFR300) and
281-41.205 (256B, 34CFR300):
(1) Local funds
only;
(2) The combination of state
and local funds;
(3) Local funds
only on a per capita basis; or
(4)
The combination of state and local funds on a per capita basis.
c. Expenditures made from funds
provided by the federal government for which the SEA is required to account to
the federal government or for which the LEA is required to account to the
federal government directly or through the SEA may not be considered in
determining whether an LEA meets the standard in paragraphs
41.203(2)"a" and 41.203(2)"b."
(3)
Subsequent
years.
a. If, in the fiscal year
beginning on July 1, 2013, or July 1, 2014, an LEA fails to meet the
requirements of 34 CFR
300.203 and rule
281-41.203 (256B, 34CFR300) in
effect at that time, the level of expenditures required of the LEA for the
fiscal year subsequent to the year of the failure is the amount that would have
been required in the absence of that failure, not the LEA's reduced level of
expenditures.
b. If, in any fiscal
year beginning on or after July 1, 2015, an LEA fails to meet the requirement
of subparagraph 41.203(2)"b"(1) or
41.203(2)"b"(3) and the LEA is relying on local funds only, or
local funds only on a per capita basis, to meet the requirements of subrule
41.203(1) or 41.203(2), the level of expenditures required of the LEA for the
fiscal year subsequent to the year of the failure is the amount that would have
been required under subparagraph 41.203(2)"b"(1) or
41.203(2)"b"(3) in the absence of that failure, not the LEA's
reduced level of expenditures.
c.
If, in any fiscal year beginning on or after July 1, 2015, an LEA fails to meet
the requirement of subparagraph 41.203(2)"b"(2) or
41.203(2)"b"(4) and the LEA is relying on the combination of
state and local funds, or the combination of state and local funds on a per
capita basis, to meet the requirements of subrule 41.203(1) or 41.203(2), the
level of expenditures required of the LEA for the fiscal year subsequent to the
year of the failure is the amount that would have been required under
subparagraph 41.203(2)"b"(2) or 41.203(2)"b"
(4) in the absence of that failure, not the LEA's reduced level of
expenditures.
(4)
Consequence of failure to maintain effort. If an LEA fails to
maintain its level of expenditures for the education of children with
disabilities in accordance with subrule 41.203(2), the SEA is liable in a
recovery action under Section 452 of the General Education Provisions Act
(20 U.S.C.
1234a) to return to the U.S. Department of
Education, using nonfederal funds, an amount equal to the amount by which the
LEA failed to maintain its level of expenditures in accordance with subrule
41.203(2) in that fiscal year, or the amount of the LEA's Part B subgrant in
that fiscal year, whichever is lower.
Notes
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