# 34 CFR § 300.204: Exception to maintenance of effort

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-34-300.204

## Section

- **Citation:** 34 CFR § 300.204
- **Heading:** Exception to maintenance of effort
- **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

Notwithstanding the restriction in § 300.203(b), an LEA may reduce the level of expenditures by the 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:
(a) The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel.
(b) A decrease in the enrollment of children with disabilities.
(c) The termination of the obligation of the agency, consistent with this part, 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—
(1) Has left the jurisdiction of the agency;
(2) Has reached the age at which the obligation of the agency to provide FAPE to the child has terminated; or
(3) No longer needs the program of special education.
(d) The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities.
(e) The assumption of cost by the high cost fund operated by the SEA under § 300.704(c).
(Approved by the Office of Management and Budget under control number 1820-0600)
(Authority: 20 U.S.C. 1413(a)(2)(B))
[71 FR 46753, Aug. 14, 2006, as amended at 80 FR 23667, Apr. 28, 2015]

## 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-34-300.204. Check the current official text before relying on it. Not legal advice.