Section 281.41.204. Exception to maintenance of effort.

Notwithstanding the restriction in subrule 41.203(1), an AEA or LEA may reduce the level of expenditures by the AEA or LEA under Part B of the Act below the level of those expenditures for the preceding fiscal year if the reduction is attributable to any of the following:

       41.204(1) Departure of personnel. The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel.

       41.204(2) Decrease in enrollment. A decrease in the enrollment of children with disabilities.

       41.204(3) Termination of obligation to provide an “exceptionally costly” program to a particular child. The termination of the obligation of the agency to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the SEA, because the child:

        a.           Has left the jurisdiction of the agency;

        b.           Has reached the age at which the obligation of the agency to provide FAPE to the child has terminated; or

        c.           No longer needs the program of special education.

       41.204(4) Termination of costly expenditures for long-term purchases. The termination of costly expenditures for long-term purchases, such as the acquisition of equipment.

       41.204(5) High-cost fund. The assumption of cost by the high-cost fund operated by the state under this chapter.