34 C.F.R. § 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. (See appendix A to part 300 for an example of how excess costs must be calculated.)
Notes of Decisions
Cited in 19
cases, 1994–2008 · leading case: Cedar Rapids Cmty. Sch. Dist. v. Garret F. ex rel. Charlene F., 526 U.S. 66 (1999).
Cedar Rapids Cmty. Sch. Dist. v. Garret F. ex rel. Charlene F., 526 U.S. 66 (1999). “See 34 CFR §§ 300.16 (a), (b)(4), (b)(11) (1998).”
J.B. v. Killingly Bd. of Educ., 990 F. Supp. 57 (D. Conn. 1997). “” 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.”
Charlie F. v. Bd. of Educ. of Skokie Sch. Dist. 68, 98 F.3d 989 (7th Cir. 1996). “” 34 C.F.R. § 300.16 (b)(8)(v). See also 34 C.”
Morton Cmty. Unit Sch. Dist. No. 709 v. J.M., 152 F.3d 583 (7th Cir. 1998). “” 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 Dist. Schs. Unified Sch. Dist. No. 233, 144 F.3d 692 (10th Cir. 1998). “” 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 Cmty. Unit Sch. Dist. No. 709 v. J.M., 986 F. Supp. 1112 (C.D. Ill. 1997). “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 Sch. Dist. 95, 968 F. Supp. 385 (N.D. Ill. 1997). “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, 554 F. Supp. 2d 201 (D. Conn. 2008). “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 Sch. Dist. v. Koupal, 526 N.W.2d 248 (S.D. 1994). “§ 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 Cmty. Sch. Dist. v. Garret F., 106 F.3d 822 (8th Cir. 1997). “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. Dist. of Columbia, 888 F. Supp. 165 (D.D.C. 1995). “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 Sch. Dist. v. Harold, 900 F. Supp. 1182 (D.S.D. 1995). “§ 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
FORT ZUMWALT v. Missouri State Bd. of Educ., 923 F. Supp. 1216 (E.D. Mo. 1996).
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