EXCESS COSTS

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—  

(a) Amounts received—   
   (1) Under Part B of the Act;   
   (2) Under Part A of title I of the ESEA; and   
   (3) Under Part A of title III of the ESEA and;  

(b) Any State or local funds expended for programs that would qualify for assistance under any of the parts described in paragraph (a) of this section, but excluding any amounts for capital outlay or debt service.


Last Amended:  82 FR 29759, June 30, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—  

(a) Amounts received—   
   (1) Under Part B of the Act;   
   (2) Under Part A of title I of the ESEA; and   
   (3) Under Part A of title III of the ESEA and;  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—   
. . . 
(b) Any State or local funds expended for programs that would qualify for assistance under any of the parts described in paragraph (a) of this section, but excluding any amounts for capital outlay or debt service.


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.202  Use of amounts.  

. . . 
(b) Excess cost requirement— 
. . . 
    (2)
       (i) 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.   
. . . 


Last Amended:  71 FR 46779, Aug. 14, 2006
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.202  Use of amounts.  

. . . 
(b) Excess cost requirement— 
    (1) General.
        (i) 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 (b)(1)(ii) of this section.   
. . . 


Last Amended:  71 FR 46779, Aug. 14, 2006
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.202  Use of amounts.  

. . . 
(b) Excess cost requirement— 
    (1) General.
. . . 
       (ii) 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 of these ages. However, the LEA must comply with the nonsupplanting and other requirements of this part in providing the education and services for these children.   
. . . 


Last Amended:  71 FR 46779, Aug. 14, 2006
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—  

(a) Amounts received—   
   (1) Under Part B of the Act;   
   (2) Under Part A of title I of the ESEA; and   
   (3) Under Part A of title III of the ESEA and;  

(b) Any State or local funds expended for programs that would qualify for assistance under any of the parts described in paragraph (a) of this section, but excluding any amounts for capital outlay or debt service.


Last Amended:  82 FR 29759, June 30, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—  

(a) Amounts received—   
   (1) Under Part B of the Act;   
   (2) Under Part A of title I of the ESEA; and   
   (3) Under Part A of title III of the ESEA and;  

(b) Any State or local funds expended for programs that would qualify for assistance under any of the parts described in paragraph (a) of this section, but excluding any amounts for capital outlay or debt service.


Last Amended:  82 FR 29759, June 30, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—  

(a) Amounts received—   
   (1) Under Part B of the Act;   
   (2) Under Part A of title I of the ESEA; and   
   (3) Under Part A of title III of the ESEA and;  

(b) Any State or local funds expended for programs that would qualify for assistance under any of the parts described in paragraph (a) of this section, but excluding any amounts for capital outlay or debt service.


Last Amended:  82 FR 29759, June 30, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—  

(a) Amounts received—   
   (1) Under Part B of the Act;   
   (2) Under Part A of title I of the ESEA; and   
   (3) Under Part A of title III of the ESEA and;  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—  

(a) Amounts received—   
   (1) Under Part B of the Act;   
   (2) Under Part A of title I of the ESEA; and   
   (3) Under Part A of title III of the ESEA and;  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—  

(a) Amounts received—   
   (1) Under Part B of the Act;   
   (2) Under Part A of title I of the ESEA; and   
   (3) Under Part A of title III of the ESEA and;  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—  

(a) Amounts received—   
   (1) Under Part B of the Act;   
   (2) Under Part A of title I of the ESEA; and   
   (3) Under Part A of title III of the ESEA and;  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—   
. . . 
(b) Any State or local funds expended for programs that would qualify for assistance under any of the parts described in paragraph (a) of this section, but excluding any amounts for capital outlay or debt service.


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—   
. . . 
(b) Any State or local funds expended for programs that would qualify for assistance under any of the parts described in paragraph (a) of this section, but excluding any amounts for capital outlay or debt service.


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—  

(a) Amounts received—   
   (1) Under Part B of the Act;   
   (2) Under Part A of title I of the ESEA; and   
   (3) Under Part A of title III of the ESEA and;  

(b) Any State or local funds expended for programs that would qualify for assistance under any of the parts described in paragraph (a) of this section, but excluding any amounts for capital outlay or debt service.


Last Amended:  82 FR 29759, June 30, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.202  Use of amounts.  

(a) General. Amounts provided to the LEA under Part B of the Act—   
   (1) Must be expended in accordance with the applicable provisions of this part;   
   (2) Must be used only to pay the excess costs of providing special education and related services to children with disabilities, consistent with paragraph (b) of this section; and   
   (3) Must be used to supplement State, local, and other Federal funds and not to supplant those funds.   

(b) Excess cost requirement— 
   (1) General.
       (i) 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 (b)(1)(ii) of this section.   
      (ii) 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 of these ages. However, the LEA must comply with the nonsupplanting and other requirements of this part in providing the education and services for these children.   
   (2)
      (i) 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.   
      (ii) The amount described in paragraph (b)(2)(i) of this section is determined in accordance with the definition of excess costs in §300.16. That amount may not include capital outlay or debt service.   
   (3) If two or more LEAs jointly establish eligibility in accordance with §300.223, the minimum average amount is the average of the combined minimum average amounts determined in accordance with the definition of excess costs in §300.16 in those agencies for elementary or secondary school students, as the case may be.


Last Amended:  71 FR 46779, Aug. 14, 2006
Entered:  June 8, 2009
SBS

Appendix A to 34 C.F.R. Part 300 — Excess Costs Calculation


Last Amended:  71 FR 46813, Aug. 14, 2006
Entered:  May 28, 2009
SBS

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—  

(a) Amounts received—   
   (1) Under Part B of the Act;   
   (2) Under Part A of title I of the ESEA; and   
   (3) Under Part A of title III of the ESEA and;  

(b) Any State or local funds expended for programs that would qualify for assistance under any of the parts described in paragraph (a) of this section, but excluding any amounts for capital outlay or debt service.


Last Amended:  82 FR 29759, June 30, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.202  Use of amounts.  

(a) General. Amounts provided to the LEA under Part B of the Act—   
   (1) Must be expended in accordance with the applicable provisions of this part;   
   (2) Must be used only to pay the excess costs of providing special education and related services to children with disabilities, consistent with paragraph (b) of this section; and   
   (3) Must be used to supplement State, local, and other Federal funds and not to supplant those funds.   

(b) Excess cost requirement— 
   (1) General.
       (i) 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 (b)(1)(ii) of this section.   
      (ii) 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 of these ages. However, the LEA must comply with the nonsupplanting and other requirements of this part in providing the education and services for these children.   
   (2)
      (i) 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.   
      (ii) The amount described in paragraph (b)(2)(i) of this section is determined in accordance with the definition of excess costs in §300.16. That amount may not include capital outlay or debt service.   
   (3) If two or more LEAs jointly establish eligibility in accordance with §300.223, the minimum average amount is the average of the combined minimum average amounts determined in accordance with the definition of excess costs in §300.16 in those agencies for elementary or secondary school students, as the case may be.


Last Amended:  71 FR 46779, Aug. 14, 2006
Entered:  June 8, 2009
SBS

Appendix A to 34 C.F.R. Part 300 — Excess Costs Calculation


Last Amended:  71 FR 46813, Aug. 14, 2006
Entered:  May 28, 2009
SBS

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—  

(a) Amounts received—   
   (1) Under Part B of the Act;   
   (2) Under Part A of title I of the ESEA; and   
   (3) Under Part A of title III of the ESEA and;  

(b) Any State or local funds expended for programs that would qualify for assistance under any of the parts described in paragraph (a) of this section, but excluding any amounts for capital outlay or debt service.


Last Amended:  82 FR 29759, June 30, 2017
Entered:  July 24, 2017

Appendix A to 34 C.F.R. Part 300 — Excess Costs Calculation


Last Amended:  71 FR 46813, Aug. 14, 2006
Entered:  May 28, 2009
SBS

34 Code of Federal Regulations § 300.16  Excess costs.  

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 school or secondary school student, as may be appropriate, and that must be computed after deducting—  

(a) Amounts received—   
   (1) Under Part B of the Act;   
   (2) Under Part A of title I of the ESEA; and   
   (3) Under Part A of title III of the ESEA and;  

(b) Any State or local funds expended for programs that would qualify for assistance under any of the parts described in paragraph (a) of this section, but excluding any amounts for capital outlay or debt service.


Last Amended:  82 FR 29759, June 30, 2017
Entered:  July 24, 2017

Excess Cost (TEA)