Section 1413 (a) (2) (B)

(B) Exception

  • Notwithstanding the restriction in subparagraph (A)(iii), a local educational agency may reduce the level of expenditures where such reduction is attributable to—
    • (i) the voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel;
    • (ii) a decrease in the enrollment of children with disabilities;
    • (iii) the termination of the obligation of the agency, consistent with this subchapter, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the State educational agency, because the child—
      • (I) has left the jurisdiction of the agency;
      • (II) has reached the age at which the obligation of the agency to provide a free appropriate public education to the child has terminated; or
      • (III) no longer needs such program of special education; or

    • (iv) the termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities.
    • Severe Discrepancy
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      Last modified on November 7, 2019