NDAC 67-23-03-05
Excess cost requirement under part B of IDEA
Cite as N.D. Admin. Code ยง 67-23-03-05
1.
The excess cost requirement means that the local education agency must spend a certain
minimum amount, as specified in part B of IDEA and as calculated in section 67-23-03-06, for
the education of its disabled children before IDEA part B funds may be used.
2.
After a local education agency has shown on an annual amendment to its current approved
plan that, on the average, it has spent the minimum for the education of its children with
disabilities, the local education agency has met the excess cost requirement and all additional
costs are excess costs.
3.
Part B of IDEA funds may then be used to pay for those additional costs.