Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-012 - School District or Approved Cooperative Application and Payment Process for IDEA Flow-Through Allocations

Current through June 17, 2024
012.01 General
				Information
012.01A Except for purposes
				specified in 92 NAC 51-012.07A and 92 NAC 51-015.03C1b, IDEA allocations are to
				be used by school districts or approved cooperatives in accordance with state
				requirements necessary to provide a free appropriate public education to
				children with disabilities.
012.01B
				The Special Education Assurances and IDEA Consolidated Application of a school
				district and approved cooperative shall be submitted electronically via the NDE
				website to the Office of Special Education. Any amendments in the Assurances
				and Application shall be subject to the same review as the initial Assurances
				and Application.
012.01C Maintenance
				of Effort
012.01C1 A school district or
				approved cooperative may not use IDEA flow-through funds to reduce the level of
				expenditures below the preceding year's special education
				expenditures.
012.01C2 A school
				district or approved cooperative may use up to 50% of the amount received under
				IDEA that exceeds the amount received under IDEA the previous year to assist
				with meeting maintenance of effort.
012.01C3 Exceptions for a school district or
				approved cooperative not meeting IDEA maintenance of efforts requirements as
				per federal regulations are:
012.01C3a The
				school district or approved cooperative has reduced special education personnel
				costs because staff has been replaced with qualified staff earning lower
				salaries;
012.01C3b The school
				district or approved cooperative has a decrease in enrollment of children with
				disabilities;
012.01C3c The school
				district or approved cooperative is no longer responsible for a high cost needs
				child(ren) with a disability; and
012.01C3d The school district or approved
				cooperative has terminated a long-term special education purchase(s).
012.01D Notice and
				Opportunity for a Hearing Before Disapproval of an Application for IDEA
				Flow-through Allocations
012.01D1 The Nebraska
				Department of Education will provide an opportunity for a hearing prior to
				disapproving an application for special education funds for failure of the
				application to meet the requirements of the Individuals with Disabilities
				Education Act and its implementing regulations.
012.01D2 The school district or approved
				cooperative shall request a hearing in writing within 30 calendar days of
				receipt of the notice provided indicating that the Office of Special Education
				intends to recommend disapproval of the school district's or approved
				cooperative's application. Within 30 days after it receives a request, the
				Nebraska Department of Education shall hold a hearing on the record and shall
				review its decision.
012.01D3 Not
				later than 10 days after the hearing, the Nebraska Department of Education
				shall issue a written ruling, including the findings of fact and reasons for
				the ruling.
012.01D4 If the Nebraska
				Department of Education finds the proposed disapproval of the school district's
				or approved cooperative's application was contrary to the Individuals with
				Disabilities Education Act and its implementing regulations or the Nebraska
				Special Education Act and its implementing regulations, the Department shall
				approve the application.
012.01D5
				If the Nebraska Department of Education disapproves the school district's or
				approved cooperative's application, the school district or approved cooperative
				may appeal to the U.S. Secretary of Education. The school district or approved
				cooperative shall file a notice for appeal within 20 days after the school
				district or approved cooperative has been notified by the Nebraska Department
				of Education of the results of the hearing. If supported by substantial
				evidence, the findings of the Nebraska Department of Education shall be
				final.
012.01D6 The Nebraska
				Department of Education will make available at reasonable times and places all
				records of the Department pertaining to any review or appeal the school
				district is conducting under 34 CFR 76.401 including records of
				other school districts or approved cooperatives.