# 34 CFR § 300.202: Use of amounts

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-34-300.202

## Section

- **Citation:** 34 CFR § 300.202
- **Heading:** Use of amounts
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 34—Education > Subtitle B—Regulations of the Offices of the Department of Education > CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION > PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES > Subpart C—Local Educational Agency Eligibility

## Text

(a) General. Amounts provided to the LEA under Part B of the Act—
(1) Must be expended in accordance with the applicable provisions of this part;
(2) Must be used only to pay the excess costs of providing special education and related services to children with disabilities, consistent with paragraph (b) of this section; and
(3) Must be used to supplement State, local, and other Federal funds and not to supplant those funds.
(b) Excess cost requirement—(1) General. (i) The excess cost requirement prevents an LEA from using funds provided under Part B of the Act to pay for all of the costs directly attributable to the education of a child with a disability, subject to paragraph (b)(1)(ii) of this section.
(ii) The excess cost requirement does not prevent an LEA from using Part B funds to pay for all of the costs directly attributable to the education of a child with a disability in any of the ages 3, 4, 5, 18, 19, 20, or 21, if no local or State funds are available for nondisabled children of these ages. However, the LEA must comply with the nonsupplanting and other requirements of this part in providing the education and services for these children.
(2)(i) An LEA meets the excess cost requirement if it has spent at least a minimum average amount for the education of its children with disabilities before funds under Part B of the Act are used.
(ii) The amount described in paragraph (b)(2)(i) of this section is determined in accordance with the definition of excess costs in § 300.16. That amount may not include capital outlay or debt service.
(3) If two or more LEAs jointly establish eligibility in accordance with § 300.223, the minimum average amount is the average of the combined minimum average amounts determined in accordance with the definition of excess costs in § 300.16 in those agencies for elementary or secondary school students, as the case may be.
(Approved by the Office of Management and Budget under control number 1820-0600)
(Authority: 20 U.S.C. 1413(a)(2)(A))

## Nearby sections

- [34 CFR § 300.200 § 300.200 Condition of assistance.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.200.md)
- [34 CFR § 300.201 § 300.201 Consistency with State policies.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.201.md)
- [34 CFR § 300.202 § 300.202 Use of amounts.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.202.md)
- [34 CFR § 300.203 § 300.203 Maintenance of effort.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.203.md)
- [34 CFR § 300.204 § 300.204 Exception to maintenance of effort.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.204.md)
- [34 CFR § 300.205 § 300.205 Adjustment to local fiscal efforts in certain fiscal years.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.205.md)
- [34 CFR § 300.206 § 300.206 Schoolwide programs under title I of the ESEA.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.206.md)
- [34 CFR § 300.207 § 300.207 Personnel development.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.207.md)
- [34 CFR § 300.208 § 300.208 Permissive use of funds.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.208.md)
- [34 CFR § 300.209 § 300.209 Treatment of charter schools and their students.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.209.md)
- [34 CFR § 300.210 § 300.210 Purchase of instructional materials.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.210.md)
- [34 CFR § 300.211 § 300.211 Information for SEA.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.211.md)
- [34 CFR § 300.212 § 300.212 Public information.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.212.md)
- [34 CFR § 300.213 § 300.213 Records regarding migratory children with disabilities.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.213.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-34-300.202. Check the current official text before relying on it. Not legal advice.