The Secretary does not consider the following overpayments to be eligible for forgiveness under section 8012 of the Act:
(a)
Any overpayment under section 7 of Public Law 81-874 or section 16 of Public Law 81-815.
(b)
An amount received by an LEA, as determined under section 8003(g) of the Act (payments to LEAs for certain federally connected children with severe disabilities, implemented in subpart F of this part), that exceeds the LEA's maximum basic support payment under section 8003(b) of the Act.
(c)
Any overpayment caused by an LEA's failure to expend or account for funds properly in accordance with the following laws and regulations:
(1)
Section 8003(d) of the Act (implemented in subpart D of this part) or section 3(d)(2)(C) of Public Law 81-874 for certain federally connected children with disabilities.
(2)
Section 8003(g) of the Act.
Code of Federal Regulations
(Authority:
20 U.S.C. 7712
)
Code of Federal Regulations
[62 FR 35413, July 1, 1997]