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3.The LDE may not consider any expenditures made from funds provided by the federal government for which the LDE 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 LDE in determining an LEA's compliance with the requirement in Subsection A of this Section.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2053 (October 2008).

§205.Exception to Maintenance of Effort

A.Notwithstanding the restriction in §204.A, an LEA may reduce the level of expenditures by the LEA under part B of the IDEA below the level of those expenditures for the preceding fiscal year if the reduction is attributable to any of the following:

1.the voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel;
2.a decrease in the enrollment of students with disabilities;
3.the termination of the obligation of the agency, consistent with these regulations, to provide a program of special education to a particular student with a disability that is an exceptionally costly program, as determined by the LDE, because the student:
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 student has terminated; or
c.no longer needs the program of special education.

B.The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities.

C.The assumption of cost by the high cost fund operated by the LDE under 34 CFR 300.704(c).

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2054 (October 2008).

§206.Adjustment to Local Fiscal Efforts in Certain Fiscal Years

A.Amounts in Excess. Notwithstanding §203.A.2 and B and §204.A, and except as provided in Subsection D of this Section and 34 CFR 300.230(e)(2), for any fiscal year for which the allocation received by an LEA under §705 exceeds the amount the LEA received for the previous fiscal year, the LEA may reduce the level of expenditures otherwise required by §204.A by not more than 50 percent of the amount of that excess.

B.Use of Amounts to Carry Out Activities under ESEA. If an LEA exercises the authority under Subsection A of this Section, the LEA shall use an amount of local funds equal to the reduction in expenditures under Subsection A of this Section to carry out activities that could be supported with funds under the ESEA regardless of whether the LEA is using funds under the ESEA for those activities.

C.State Prohibition. Notwithstanding Subsection A of this Section, if the LDE determines that an LEA is unable to establish and maintain programs of FAPE that meet the requirement of Section 613(a) of the IDEA and these regulations or the LDE has taken action against the LEA under Section 616 of the IDEA and Chapter Six of these

regulations, the LDE shall prohibit the LEA from reducing the level of expenditure under Subsection A of this Section for that fiscal year.

D.Special Rule. The amount of funds expended by the LEA for early intervening services under §226 shall count toward the maximum amount of expenditure that the LEA may reduce under Paragraph 1 of this Section.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2054 (October 2008).

§207.School-wide Programs under Title I of the ESEA

A.General. Notwithstanding the provisions of §203 and 204 or any other provision of Part B of the Act, an LEA may use funds received under Part B of the IDEA for any fiscal year to carry out a school-wide program under Section 1114 of the ESEA, except that the amount used in any school-wide program may not exceed:

1.a.the amount received by the LEA under Part B of the Act for that fiscal year; divided by
b.the number of students with disabilities in the jurisdiction of the LEA; and multiplied by
2.the number of students with disabilities participating in the school-wide program.

B.Funding Conditions. The funds described in Subsection A of this Section are subject to the following conditions:

1.the funds shall be considered as federal Part B funds for purposes of the calculations required by §203.A.2 and A.3; and
2.the funds may be used without regard to the requirements of §203.A.1.

C.Meeting Other Part B Requirements. Except as provided in Subsection B of this Section, all other requirements of Part B of the IDEA shall be met by an LEA using Part B funds in accordance with Subsection A of this Section, including ensuring that students with disabilities in school-wide program schools:

1.receive services in accordance with a properly developed IEP; and
2.are afforded all the rights and services guaranteed to students with disabilities under the IDEA.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2054 (October 2008).

§208.Personnel Development

A.The LEA shall ensure that all personnel necessary to carry out Part B of the IDEA are appropriately and adequately prepared, subject to the requirements of §156 (related to personnel qualifications) and Section 2122 of the ESEA.

AUTHORITY NOTE:Promulgated in accordance with R.S.17:1941 et seq.

HISTORICAL NOTE:Promulgated by the Board of Elementary and Secondary Education, LR 34:2054 (October 2008).

§209.Permissive Use of Funds

A.Uses. Notwithstanding §§203, 204.A, and 162.B, funds provided to an LEA under Part B of the IDEA may be used for the following activities:

1.services and aids that also benefit non-disabled student for the costs of special education and related services, and supplementary aids and services, provided in a

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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