34 C.F.R. § 300.16

Excess costs

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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. (See appendix A to part 300 for an example of how excess costs must be calculated.)

(Authority: 20 U.S.C. 1401(8)) [71 FR 46753, Aug. 14, 2006, as amended at 82 FR 29759, June 30, 2017]
Notes of Decisions
Cited in 19 cases, 1994–2008 · leading case: Cedar Rapids Community School District v. Garret F. Ex Rel. Charlene F.
Cedar Rapids Community School District v. Garret F. Ex Rel. Charlene F. (1999) scotus · cites it 4× “See 34 CFR §§ 300.16 (a), (b)(4), (b)(11) (1998).”
J.B. v. Killingly Board of Education (1997) ctd · cites it 5× “” 34 C.F.R. § 300.16 note (1997). 6 The regulations define counseling services as “services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.”
Morton Community Unit School District No. 709 v. J.M., a Minor, and M.M. And S.M., Individually and as Parents and Next (1998) ca7 · cites it 2× “” 34 C.F.R. § 300.16 (a). The regulation goes on, however, to define “medical services” as used in 20 U.”
O'Toole Ex Rel. O'Toole v. Olathe District Schools Unified School District No. 233 (1998) ca10 “” 34 C.F.R. § 300.16 (a). State regulations require “a statement of the specific education services and related services needed by the child.”
Morton Community Unit School District No. 709 v. J.M. (1997) ilcd · cites it 6× “16 (a) provides: the term “related services” means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech pathology and audiology, psychological…”
Skelly v. Brookfield Lagrange Park School District 95 (1997) ilnd · cites it 4× “34 C.F.R. § 300.16 (a) (1996). “Medical services” means services provided by a licensed physician to determine a child’s medically related disability that results in the child’s need for special education and related services.”
M.K. Ex Rel. Mrs. K. v. Sergi (2008) ctd · cites it 2× “of Law ¶ 3); that Putnam had failed to implement any parent counseling or training, a related service under 34 C.F.R. § 300.16 (id at ¶ 8); that the PPT had never received any ongoing expert advice on M.”
Sioux Falls School District v. Koupal (1994) sd · cites it 2× “§ 1401 (a)(17); see also 34 C.F.R. § 300.16 (a). This list is “not exhaustive and may include other developmental, corrective, or supportive services.”
Cedar Rapids Community School District v. Garret F., a Minor by His Mother and Next Friend, Charlene F. (1997) ca8 “See 34 C.F.R. § 300.16 (a), (b)(ll) (1996). The court is aware of several decisions that have not interpreted Tatro as establishing a bright-line, physician/non-physician test for medical services.”
Petties v. District of Columbia (1995) dcd “But in order to meet its statutory obligations under the IDEA, it must provide alternative transportation for special education students until the end of each student’s school year.”
Yankton School District v. Harold (1995) sdd “§ 1401 (a)(17); 34 C.F.R. § 300.16 (1994). Note 1 to § 300.”
— 34 C.F.R. § 300.16(b)(14)(i) — 1 case
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