(1) A school district or other agency may use funds received under Part B of the IDEA for any fiscal year to carry out a school-wide program under section 1114 of the Elementary and Secondary Education Act of 1965, except that the amount used in any school-wide program may not exceed:
(a) The amount received by the district or agency under Part B for that fiscal year; divided by the number of students eligible for special education in the jurisdiction; multiplied by
(b) The number of students eligible for special education participating in the school-wide program.
(2) The funds described in subsection (1) of this section may be used without regard to WAC 392-172A-05010
(3) The funds described in subsection (1) of this section must be considered as federal Part B funds for purposes of calculating excess cost and supplanting WAC 392-172A-05010
(1)(b) and (c).
(4) Except as provided in subsections (2) and (3) of this section, all other requirements of Part B must be met, including ensuring that students eligible for special education in school-wide program schools:
(a) Receive services in accordance with a properly developed IEP; and
(b) Are afforded all of the rights and services guaranteed to students eligible for special education under the IDEA.
[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. 07-14-078, § 392-172A-06030, filed 6/29/07, effective 7/30/07.]