34 C.F.R. § 300.208

Permissive use of funds

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(a) Uses. Notwithstanding §§ 300.202, 300.203(b), and 300.162(b), funds provided to an LEA under Part B of the Act may be used for the following activities:

(1) Services and aids that also benefit nondisabled children. For the costs of special education and related services, and supplementary aids and services, provided in a regular class or other education-related setting to a child with a disability in accordance with the IEP of the child, even if one or more nondisabled children benefit from these services.

(2) Early intervening services. To develop and implement coordinated, early intervening educational services in accordance with § 300.226.

(3) High cost special education and related services. To establish and implement cost or risk sharing funds, consortia, or cooperatives for the LEA itself, or for LEAs working in a consortium of which the LEA is a part, to pay for high cost special education and related services.

(b) Administrative case management. An LEA may use funds received under Part B of the Act to purchase appropriate technology for recordkeeping, data collection, and related case management activities of teachers and related services personnel providing services described in the IEP of children with disabilities, that is needed for the implementation of those case management activities.

(Approved by the Office of Management and Budget under control number 1820-0600) (Authority: 20 U.S.C. 1413(a)(4)) [71 FR 46753, Aug. 14, 2006, as amended at 80 FR 23667, Apr. 28, 2015]

Notes of Decisions

Cited in 1 case, 2014–2014 · leading case: United States ex rel. Doe v. Taconic Hills Cent. Sch. Dist., 8 F. Supp. 3d 339 (S.D.N.Y. 2014).

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United States ex rel. Doe v. Taconic Hills Cent. Sch. Dist., 8 F. Supp. 3d 339 (S.D.N.Y. 2014). “” 34 C.F.R. § 300.208 (b). For example, SED’s application lists expenditures related to IEP meetings and IEP team coordinator costs as allowable uses of IDEA funding.”

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