Section 281.41.206. Schoolwide programs under Title I of the ESEA.

       41.206(1) General. Notwithstanding the provisions of rules 281—41.202(256B,34CFR300) and 281—41.203(256B,34CFR300) or any other provision of Part B of the Act, an LEA may use funds received under Part B of the Act for any fiscal year to carry out a schoolwide program under Section 1114 of the ESEA, except that the amount used in any schoolwide program may not exceed the amount received by the LEA under Part B of the Act for that fiscal year; divided by the number of children with disabilities in the jurisdiction of the LEA; and multiplied by the number of children with disabilities participating in the schoolwide program.

       41.206(2) Funding conditions. The funds described in subrule 41.206(1) are subject to the following conditions:

        a.           The funds must be considered as federal Part B funds for purposes of the calculations required by 41.202(1)“b” and “c.”

        b.           The funds may be used without regard to the requirements of 41.202(1)“a.”

       41.206(3) Meeting other Part B requirements. Except as provided in subrule 41.206(2), all other requirements of Part B of the Act must be met by an LEA using Part B funds in accordance with subrule 41.206(1), including ensuring that children with disabilities in schoolwide program schools:

        a.           Receive services in accordance with a properly developed IEP; and

        b.           Are afforded all of the rights and services guaranteed to children with disabilities under the Act.