34 C.F.R. § 300.184 Excess cost requirement.
Title 34 - Education
(a) General. Amounts provided to an LEA under Part B of the Act may be used only to pay the excess costs of providing special education and related services to children with disabilities. (b) Definition. As used in this part, the term excess costs means those costs that are in excess of the average annual per-student expenditure in an LEA during the preceding school year for an elementary or secondary school student, as may be appropriate. Excess costs must be computed after deducting— (1) Amounts received— (i) Under Part B of the Act; (ii) Under Part A of title I of the Elementary and Secondary Education Act of 1965; or (iii) Under Part A of title VII of that Act; and (2) Any State or local funds expended for programs that would qualify for assistance under any of those parts. (c) LLimitation on use of Part B funds. (1) The excess cost requirement prevents an LEA from using funds provided under Part B of the Act to pay for all of the costs directly attributable to the education of a child with a disability, subject to paragraph (c)(2) of this section. (2) The excess cost requirement does not prevent an LEA from using Part B funds to pay for all of the costs directly attributable to the education of a child with a disability in any of the ages 3, 4, 5, 18, 19, 20, or 21, if no local or State funds are available for nondisabled children in that age range. However, the LEA must comply with the nonsupplanting and other requirements of this part in providing the education and services for these children. (Authority: 20 U.S.C. 1401(7), 1413(a)(2)(A))
Title 34: Education
PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
Subpart B—State and Local Eligibility
LEA and State Agency Eeligibility—General
§ 300.184 Excess cost requirement.
