Wash. Admin. Code § 392-172A-06015 - Maintenance of effort
(1)
(a) Eligibility standard. For purposes of
establishing the school district's eligibility for an award for a fiscal year,
the OSPI must determine that the school district budgets, for the education of
students eligible for special education services, at least the same amount,
from at least one of the following sources, as the school district spent for
that purpose from the same source for the most recent fiscal year for which
information is available:
(i) Local funds
only;
(ii) The combination of state
and local funds;
(iii) Local funds
only on a per capita basis; or
(iv)
The combination of state and local funds on a per capita basis.
(b) When determining the amount of
funds that the school district must budget to meet the requirement in (a) of
this subsection, the school district may take into consideration, to the extent
the information is available, the exceptions and adjustment provided in WAC
392-172A-06020
and
392-172A-06025
that the school district:
(i) 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 school district is
budgeting; and
(ii) Reasonably
expects to take in the fiscal year for which the school district is
budgeting.
(c)
Expenditures made from funds provided by the federal government for which the
OSPI is required to account to the federal government or for which the school
district is required to account to the federal government directly or through
the OSPI may not be considered in determining whether a school district meets
the standard in (a) of this subsection.
(2)
(a)
Compliance standard. Except as provided under WAC
392-172A-06020
and
392-172A-06025,
funds provided to school districts or other public agencies under Part B of the
IDEA may not be used to reduce the level of expenditures for the education of
students eligible for special education services made by it from local funds
below the level of those expenditures for the preceding fiscal year.
(b) A school district meets this standard if
it does not reduce the level of expenditures made by the school district for
the education of students eligible for special education services from at least
one of the following sources below the level of those expenditures from the
same source for the preceding year except as provided under WAC
392-172A-06020
and
392-172A-06025:
(i) Local funds only.
(ii) The combination of state and local
funds.
(iii) Local funds only on a
per capita basis; or
(iv) The
combination of state and local funds on a per capita basis.
(c) The OSPI may not consider any
expenditures made from funds provided by the federal government for which the
OSPI is required to account to the federal government or for which the school
district is required to account to the federal government directly or through
the OSPI in determining a school district's compliance with the requirement in
subsection (1)(a) and (b) of this section.
(3)
(a)
Subsequent years. If, in the fiscal year beginning on July 1, 2013, or July 1,
2014, a school district fails to meet the requirements of
34 C.F.R.
300.203 in effect at that time, the level of
expenditures required of the school district 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 school district's reduced levels of
expenditures.
(b) If, in any fiscal
year beginning on July 1, 2015, a school district fails to meet the requirement
of subsection (1)(a)(i) or (iii) of this section and the school district is
relying on local funds only, or local funds only on a per capita basis, to meet
the requirements of 34 C.F.R. 203(a) and (b), the level of expenditures
required of the school district for the fiscal year subsequent to the year of
the failure is the amount that would have been required under subsection
(1)(a)(i) or (iii) of this section in the absence of that failure, not the
school district's reduced level of expenditures.
(c) If, in any fiscal year beginning on July
1, 2015, a school district fails to meet the requirement of subsection
(1)(a)(ii) or (iv) of this section and the school district 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 34 C.F.R. 203(a) and
(b), the level of expenditures required of the school district for the fiscal
year subsequent to the year of the failure is the amount that would have been
required under subsection (1)(a)(ii) or (iv) of this section in the absence of
that failure, not the school district's reduced level of
expenditures.
(4) If a
school district fails to maintain its level of expenditures for the education
of student's eligible for special education services in accordance with
subsection (1) of this section, OSPI is liable in a recovery action under
20 U.S.C. 1234a
to return to the United States Department of Education, using nonfederal funds,
an amount equal to the amount by which the school district failed to maintain
its level of expenditures in accordance with this subsection (1) of this
section in that fiscal year, or the amount of the school district's Part B
subgrant, in that fiscal year, whichever is lower.
Notes
Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. 07-14-078, § 392-172A-06015, filed 6/29/07, effective 7/30/07.
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