34 C.F.R. § 300.185   Meeting the excess cost requirement.


Title 34 - Education


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

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§ 300.185   Meeting the excess cost requirement.

(a)(1) General. An LEA meets the excess cost requirement if it has spent at least a minimum average amount for the education of its children with disabilities before funds under Part B of the Act are used.

(2) The amount described in paragraph (a)(1) of this section is determined using the formula in §300.184(b). This amount may not include capital outlay or debt service.

(b) Joint establishment of eligibility. If two or more LEAs jointly establish eligibility in accordance with §300.190, the minimum average amount is the average of the combined minimum average amounts determined under §300.184 in those agencies for elementary or secondary school students, as the case may be.

(Authority: 20 U.S.C. 1413(a)(2)(A))

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