NDAC 67-23-03-04
Authorized use of part B of IDEA funds
Cite as N.D. Admin. Code ยง 67-23-03-04
1.
After the special education unit has documented through an amendment to its current
approved plan and on its part B of IDEA application for federal funds that it has met the
excess costs and maintenance of effort requirements, the part B funds may be used for
whatever special services and activities are necessary to meet the requirements of part B of
the Individuals With Disabilities Education Act.
2.
For purposes of this section, maintenance of effort means that funds provided to a local
education agency under part B of IDEA may not be used to reduce the level of expenditures
for the education of children with disabilities made by the local education agency from local
funds below the level of those expenditures for the preceding fiscal year.
3.
Any other use of funds under part B of IDEA unless expressly authorized by the department or
the United States department of education is prohibited.