Iowa Admin. Code r. 281-41.133 - Expenditures
(1)
Formula. To meet the requirement of subrule 41.132(1), each
AEA must spend the following on providing special education and related
services, including direct services, to parentally placed private school
children with disabilities:
a. For children
aged 3 to 21, an amount that is the same proportion of the AEA's total subgrant
under Section 611(f) of the Act as the number of private school children with
disabilities aged 3 to 21 who are enrolled by their parents in private,
including religious, elementary schools and secondary schools located in the
school district served by the AEA, is to the total number of children with
disabilities in its jurisdiction aged 3 to 21.
b. Additional calculation for children aged 3
through 5.
(1) For children aged 3 through 5,
an amount that is the same proportion of the AEA's total subgrant under Section
619(g) of the Act as the number of parentally placed private school children
with disabilities aged 3 through 5 who are enrolled by their parents in a
private, including religious, elementary school located in the school district
served by the AEA, is to the total number of children with disabilities in its
jurisdiction aged 3 through 5.
(2)
As described in subparagraph 41.133(1)"b"(1), children aged 3
through 5 are considered to be parentally placed private school children with
disabilities enrolled by their parents in private, including religious,
elementary schools, if and only if they are enrolled in a private school that
meets the definition of elementary school in rule
281-41.13 (256B, 34CFR300
).
c. If an AEA has not
expended for equitable services all of the funds described in paragraphs
41.133(1)"a" and "b" by the end of the fiscal
year for which Congress appropriated the funds, the AEA must obligate the
remaining funds for special education and related services, including direct
services, to parentally placed private school children with disabilities during
a carry-over period of one additional year.
(2)
Calculating proportionate
amount. The state shall calculate each AEA's proportionate share from
data provided by each AEA after each AEA has completed the consultation
described in rule 281-41.134 (256,256B, 34CFR300)
and the child count described in rule
281-41.131 (256,256B, 34CFR300)
and subrule 41.133(3).
(3)
Annual count of the number of parentally placed private school children
with disabilities.
a. Each AEA must:
(1) After timely and meaningful consultation
with representatives of parentally placed private school children with
disabilities, consistent with rule
281-41.134 (256,256B, 34CFR300
), determine the number of parentally placed private school children with
disabilities attending private schools located in the AEA; and
(2) Ensure that the count is conducted on any
date between October 1 and December 1, inclusive, of each year.
b. The count must be used to
determine the amount that the AEA must spend on providing special education and
related services to parentally placed private school children with disabilities
in the next subsequent fiscal year.
(4)
Supplement, not
supplant. State and local funds may supplement, and in no case
supplant, the proportionate amount of federal funds required to be expended for
parentally placed private school children with disabilities under this
chapter.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Formula. To meet the requirement of subrule 41.132(1), each AEA must spend the following on providing special education and related services, including direct services, to parentally placed private school children with disabilities:
a. For children aged 3 to 21, an amount that is the same proportion of the AEA's total subgrant under Section 611(f) of the Act as the number of private school children with disabilities aged 3 to 21 who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the AEA, is to the total number of children with disabilities in its jurisdiction aged 3 to 21.
b. Additional calculation for children aged 3 through 5.
(1) For children aged 3 through 5, an amount that is the same proportion of the AEA's total subgrant under Section 619(g) of the Act as the number of parentally placed private school children with disabilities aged 3 through 5 who are enrolled by their parents in a private, including religious, elementary school located in the school district served by the AEA, is to the total number of children with disabilities in its jurisdiction aged 3 through 5.
(2) As described in subparagraph 41.133(1)"b"(1), children aged 3 through 5 are considered to be parentally placed private school children with disabilities enrolled by their parents in private, including religious, elementary schools, if and only if they are enrolled in a private school that meets the definition of elementary school in rule 281-41.13 (256B, 34CFR300 ).
c. If an AEA has not expended for equitable services all of the funds described in paragraphs 41.133(1)"a" and "b" by the end of the fiscal year for which Congress appropriated the funds, the AEA must obligate the remaining funds for special education and related services, including direct services, to parentally placed private school children with disabilities during a carry-over period of one additional year.
(2) Calculating proportionate amount. The state shall calculate each AEA's proportionate share from data provided by each AEA after each AEA has completed the consultation described in rule 281-41.134 (256,256B, 34CFR300) and the child count described in rule 281-41.131 (256,256B, 34CFR300) and subrule 41.133(3).
(3) Annual count of the number of parentally placed private school children with disabilities.
a. Each AEA must:
(1) After timely and meaningful consultation with representatives of parentally placed private school children with disabilities, consistent with rule 281-41.134 (256,256B, 34CFR300 ), determine the number of parentally placed private school children with disabilities attending private schools located in the AEA; and
(2) Ensure that the count is conducted on any date between October 1 and December 1, inclusive, of each year.
b. The count must be used to determine the amount that the AEA must spend on providing special education and related services to parentally placed private school children with disabilities in the next subsequent fiscal year.
(4) Supplement, not supplant. State and local funds may supplement, and in no case supplant, the proportionate amount of federal funds required to be expended for parentally placed private school children with disabilities under this chapter.