Iowa Code r. 281-41.204 - Exception to maintenance of effort

Notwithstanding the restriction in subrule 41.203(2), an AEA or LEA may reduce the level of expenditures by the AEA or 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:

(1) Departure of personnel. The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel.
(2) Decrease in enrollment. A decrease in the enrollment of children with disabilities.
(3) Termination of obligation to provide an "exceptionally costly" program to a particular child. The termination of the obligation of the agency to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the SEA, because the child:
a. Has left the jurisdiction of the agency;
b. Has reached the age at which the obligation of the agency to provide FAPE to the child has terminated; or
c. No longer needs the program of special education.
(4) Termination of costly expenditures for long-term purchases. The termination of costly expenditures for long-term purchases, such as the acquisition of equipment.
(5) High-cost fund. The assumption of cost by the high-cost fund operated by the state under this chapter.

Notes

Iowa Code r. 281-41.204
ARC 7792C, IAB 4/17/24, effective 5/22/24
Amended by IAB October 11, 2017/Volume XL, Number 8, effective 11/15/2017 Adopted by IAB April 17, 2024/Volume XLVI, Number 21, effective 5/22/2024

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