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Notes

34 C.F.R. §§ 200.25–200.29

4 sections in range

§200.25. Schoolwide programs in general.

34 C.F.R. § 200.25

(a)
Purpose.
(1)
The purpose of a schoolwide program is to improve academic achievement throughout a school so that all students, particularly the lowest-achieving students, demonstrate proficiency related to the challenging State academic standards under § 200.1.
(2)
The improved achievement is to result from improving the entire educational program of the school.
(b)
Eligibility.
(1)
A school may operate a schoolwide program if—
(i)
The school's LEA determines that the school serves an eligible attendance area or is a participating school under section 1113 of the ESEA; and
(ii)
Except as provided under paragraph (b)(1)(iii) of this section, for the initial year of the schoolwide program—
(A)
The school serves a school attendance area in which not less than 40 percent of the children are from low-income families; or
(B)
Not less than 40 percent of the children enrolled in the school are from low-income families.
(iii)
A school that does not meet the poverty percentage in paragraph (b)(1)(ii) of this section may operate a schoolwide program if the school receives a waiver from the State to do so, after taking into account how a schoolwide program will best serve the needs of the students in the school in improving academic achievement and other factors.
(2)
In determining the percentage of children from low-income families under paragraph (b)(1) of this section, the LEA may use a measure of poverty that is different from the measure or measures of poverty used by the LEA to identify and rank school attendance areas for eligibility and participation under this subpart.
(c)
Participating students and services. A school operating a schoolwide program is not required to identify—
(1)
Particular children as eligible to participate; or
(2)
Individual services as supplementary.
(d)
Supplemental funds. In accordance with the method of determination described in section 1118(b)(2) of the ESEA, a school participating in a schoolwide program must use funds available under this subpart and under any other Federal program included under paragraph (e) of this section and § 200.29 only to supplement the total amount of funds that would, in the absence of the funds under this subpart, be made available from non-Federal sources for that school, including funds needed to provide services that are required by law for children with disabilities and English learners.
(e)
Consolidation of funds. An eligible school may, consistent with § 200.29, consolidate and use funds or services under subpart A of this part, together with other Federal, State, and local funds that the school receives, to operate a schoolwide program in accordance with §§ 200.25 through 200.29.
(f)
Prekindergarten program. A school operating a schoolwide program may use funds made available under this subpart to establish or enhance prekindergarten programs for children below the age of 6.
Notes, amendments, and revision history

Amendments

[67 FR 71718, Dec. 2, 2002, as amended at 84 FR 31672, July 2, 2019]

Authority

Authority: 20 U.S.C. 6301 through 6576, unless otherwise noted. Section 200.1 also issued under 20 U.S.C. 6311(b)(1). Section 200.11 also issued under 20 U.S.C. 6311(c)(2), (g)(2)(D), (h)(1)(C)(xii), (h)(2)(C), 6312(c)(3), 9622(d)(1). Section 200.25 also issued under 20 U.S.C. 6314. Section 200.26 also issued under 20 U.S.C. 6314. Section 200.29 also issued under 20 U.S.C. 1413(a)(2)(D), 6311(g)(2)(E), 6314, 6396(b)(4), 7425(c), 7703(d). Section 200.61 also issued under 20 U.S.C. 6312(e). Section 200.62 also issued under 20 U.S.C. 6320(a). Section 200.63 also issued under 20 U.S.C. 6320(b). Section 200.64 also issued under 20 U.S.C. 6320. Section 200.65 also issued under 20 U.S.C. 6320(a)(1)(B). Section 200.68 also issued under 20 U.S.C. 6320(a)(3)(B). Section 200.73 also issued under 20 U.S.C. 6332(c), 6336(f)(3), 7221e(c). Section 200.77 also issued under 20 U.S.C. 6313(c)(3)-(5), 6318(a)(3), 6320; 42 U.S.C. 11432(g)(1)(J)(ii)-(iii), 11433(b)(1). Section 200.78 also issued under 20 U.S.C. 6313(a)(5)(B), (c), 6333(c)(2). Section 200.79 also issued under 20 U.S.C. 6313(b)(1)(D), (c)(2)(B), 6321(d). Section 200.81 also issued under 20 U.S.C. 6391-6399. Section 200.83 also issued under 20 U.S.C. 6396. Section 200.85 also issued under 20 U.S.C. 6398. Section 200.87 also issued under 20 U.S.C. 7881(b)(1)(A). Section 200.88 also issued under 20 U.S.C. 6321(d). Section 200.89 also issued under 20 U.S.C. 6391-6399, 6571, 18 U.S.C. 1001. Section 200.90 also issued under 20 U.S.C. 6432, 6454, 6472. Section 200.100 also issued under 20 U.S.C. 6303, 6303b, 6304. Section 200.103 also issued under 20 U.S.C. 6315(c)(1)(A)(ii), 6571(a), 8101(4).

Source

Source: 60 FR 34802, July 3, 1995, unless otherwise noted.

Amendments

[67 FR 71718, Dec. 2, 2002, as amended at 84 FR 31672, July 2, 2019]

§200.26. Core elements of a schoolwide program.

34 C.F.R. § 200.26

(a)
Comprehensive needs assessment.
(1)
A school operating a schoolwide program must conduct a comprehensive needs assessment of the entire school that—
(i)
Takes into account information on the academic achievement of all students in the school, including all subgroups of students under section 1111(c)(2) of the ESEA and migratory children as defined in section 1309(3) of the ESEA, relative to the challenging State academic standards under § 200.1 and any other factors as determined by the LEA to—
(A)
Help the school understand the subjects and skills for which teaching and learning need to be improved; and
(B)
Identify the specific academic needs of students and subgroups of students who are failing, or are at risk of failing, to meet the challenging State academic standards; and
(ii)
Assesses the needs of the school relative to each of the components of the schoolwide program under section 1114(b)(7) of the ESEA.
(2)
The comprehensive needs assessment must be developed with the participation of individuals who will carry out the schoolwide program plan.
(3)
The school must document how it conducted the needs assessment, the results it obtained, and the conclusions it drew from those results.
(b)
Comprehensive plan. Using data from the comprehensive needs assessment under paragraph (a) of this section, a school that wishes to operate a schoolwide program must develop a comprehensive plan, in accordance with section 1114(b) of the ESEA, that describes how the school will improve academic achievement for all students in the school, but particularly the needs of those students who are failing, or are at risk of failing, to meet the challenging State academic standards and any other factors as determined by the LEA.
(c)
Evaluation. A school operating a schoolwide program must—
(1)
Regularly monitor the implementation of, and results achieved by, the schoolwide program, using data from the State's annual assessments and other indicators of academic achievement;
(2)
Determine whether the schoolwide program has been effective in increasing the achievement of students in meeting the challenging State academic standards, particularly for those students who had been furthest from achieving the standards; and
(3)
Revise the plan, as necessary, based on the results of the regular monitoring, to ensure continuous improvement of students in the schoolwide program.
(1)
Regularly monitor the implementation of, and results achieved by, the schoolwide program, using data from the State's annual assessments and other indicators of academic achievement;
(2)
Determine whether the schoolwide program has been effective in increasing the achievement of students in meeting the challenging State academic standards, particularly for those students who had been furthest from achieving the standards; and
(3)
Revise the plan, as necessary, based on the results of the regular monitoring, to ensure continuous improvement of students in the schoolwide program.
Notes, amendments, and revision history

Amendments

[67 FR 71718, Dec. 2, 2002, as amended at 84 FR 31673, July 2, 2019]

Authority

Authority: 20 U.S.C. 6301 through 6576, unless otherwise noted. Section 200.1 also issued under 20 U.S.C. 6311(b)(1). Section 200.11 also issued under 20 U.S.C. 6311(c)(2), (g)(2)(D), (h)(1)(C)(xii), (h)(2)(C), 6312(c)(3), 9622(d)(1). Section 200.25 also issued under 20 U.S.C. 6314. Section 200.26 also issued under 20 U.S.C. 6314. Section 200.29 also issued under 20 U.S.C. 1413(a)(2)(D), 6311(g)(2)(E), 6314, 6396(b)(4), 7425(c), 7703(d). Section 200.61 also issued under 20 U.S.C. 6312(e). Section 200.62 also issued under 20 U.S.C. 6320(a). Section 200.63 also issued under 20 U.S.C. 6320(b). Section 200.64 also issued under 20 U.S.C. 6320. Section 200.65 also issued under 20 U.S.C. 6320(a)(1)(B). Section 200.68 also issued under 20 U.S.C. 6320(a)(3)(B). Section 200.73 also issued under 20 U.S.C. 6332(c), 6336(f)(3), 7221e(c). Section 200.77 also issued under 20 U.S.C. 6313(c)(3)-(5), 6318(a)(3), 6320; 42 U.S.C. 11432(g)(1)(J)(ii)-(iii), 11433(b)(1). Section 200.78 also issued under 20 U.S.C. 6313(a)(5)(B), (c), 6333(c)(2). Section 200.79 also issued under 20 U.S.C. 6313(b)(1)(D), (c)(2)(B), 6321(d). Section 200.81 also issued under 20 U.S.C. 6391-6399. Section 200.83 also issued under 20 U.S.C. 6396. Section 200.85 also issued under 20 U.S.C. 6398. Section 200.87 also issued under 20 U.S.C. 7881(b)(1)(A). Section 200.88 also issued under 20 U.S.C. 6321(d). Section 200.89 also issued under 20 U.S.C. 6391-6399, 6571, 18 U.S.C. 1001. Section 200.90 also issued under 20 U.S.C. 6432, 6454, 6472. Section 200.100 also issued under 20 U.S.C. 6303, 6303b, 6304. Section 200.103 also issued under 20 U.S.C. 6315(c)(1)(A)(ii), 6571(a), 8101(4).

Source

Source: 60 FR 34802, July 3, 1995, unless otherwise noted.

Amendments

[67 FR 71718, Dec. 2, 2002, as amended at 84 FR 31673, July 2, 2019]

§200.27-200.28. Reserved

34 C.F.R. § 200.27-200.28

Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 6301 through 6576, unless otherwise noted. Section 200.1 also issued under 20 U.S.C. 6311(b)(1). Section 200.11 also issued under 20 U.S.C. 6311(c)(2), (g)(2)(D), (h)(1)(C)(xii), (h)(2)(C), 6312(c)(3), 9622(d)(1). Section 200.25 also issued under 20 U.S.C. 6314. Section 200.26 also issued under 20 U.S.C. 6314. Section 200.29 also issued under 20 U.S.C. 1413(a)(2)(D), 6311(g)(2)(E), 6314, 6396(b)(4), 7425(c), 7703(d). Section 200.61 also issued under 20 U.S.C. 6312(e). Section 200.62 also issued under 20 U.S.C. 6320(a). Section 200.63 also issued under 20 U.S.C. 6320(b). Section 200.64 also issued under 20 U.S.C. 6320. Section 200.65 also issued under 20 U.S.C. 6320(a)(1)(B). Section 200.68 also issued under 20 U.S.C. 6320(a)(3)(B). Section 200.73 also issued under 20 U.S.C. 6332(c), 6336(f)(3), 7221e(c). Section 200.77 also issued under 20 U.S.C. 6313(c)(3)-(5), 6318(a)(3), 6320; 42 U.S.C. 11432(g)(1)(J)(ii)-(iii), 11433(b)(1). Section 200.78 also issued under 20 U.S.C. 6313(a)(5)(B), (c), 6333(c)(2). Section 200.79 also issued under 20 U.S.C. 6313(b)(1)(D), (c)(2)(B), 6321(d). Section 200.81 also issued under 20 U.S.C. 6391-6399. Section 200.83 also issued under 20 U.S.C. 6396. Section 200.85 also issued under 20 U.S.C. 6398. Section 200.87 also issued under 20 U.S.C. 7881(b)(1)(A). Section 200.88 also issued under 20 U.S.C. 6321(d). Section 200.89 also issued under 20 U.S.C. 6391-6399, 6571, 18 U.S.C. 1001. Section 200.90 also issued under 20 U.S.C. 6432, 6454, 6472. Section 200.100 also issued under 20 U.S.C. 6303, 6303b, 6304. Section 200.103 also issued under 20 U.S.C. 6315(c)(1)(A)(ii), 6571(a), 8101(4).

Source

Source: 60 FR 34802, July 3, 1995, unless otherwise noted.

§200.29. Consolidation of funds in a schoolwide program.

34 C.F.R. § 200.29

(a)
(1)
In addition to funds under subpart A of this part, a school may consolidate and use in its schoolwide program Federal funds from any program administered by the Secretary that is included in the most recent notice published for this purpose in the Federal Register.
(2)
For purposes of §§ 200.25 through 200.29, the authority to consolidate funds from other Federal programs also applies to services provided to the school with those funds.
(b)
(1)
Except as provided in paragraphs (b)(2) and (c) of this section, a school that consolidates and uses in a schoolwide program funds from any other Federal program administered by the Secretary—
(i)
Is not required to meet the statutory or regulatory requirements of that program applicable at the school level; but
(ii)
Must meet the intent and purposes of that program to ensure that the needs of the intended beneficiaries of that program are addressed.
(2)
A school that chooses to consolidate funds from other Federal programs must meet the requirements of those programs relating to—
(i)
Health;
(ii)
Safety;
(iii)
Civil rights;
(iv)
Student and parental participation and involvement;
(v)
Services to private school children;
(vi)
Maintenance of effort;
(vii)
Comparability of services;
(viii)
Use of Federal funds to supplement, not supplant non-Federal funds in accordance with § 200.25(d); and
(ix)
Distribution of funds to SEAs or LEAs.
(c)
A school must meet the following requirements if the school consolidates and uses funds from these programs in its schoolwide program:
(1)
Migrant education. Before the school chooses to consolidate in its schoolwide program funds received under part C of Title I of the ESEA, the school must—
(i)
Use these funds, in consultation with parents of migratory children or organizations representing those parents, or both, first to meet the unique educational needs of migratory students that result from the effects of their migratory lifestyle, and those other needs that are necessary to permit these students to participate effectively in school, as identified through the comprehensive Statewide needs assessment under § 200.83; and
(ii)
Document that these needs have been met.
(2)
Indian education. The school may consolidate funds received under subpart 1 of part A of title VI of the ESEA if—
(i)
The parent committee established by the LEA under section 6114(c)(4) of the ESEA approves the inclusion of these funds;
(ii)
The schoolwide program is consistent with the purpose described in section 6111 of the ESEA; and
(iii)
The LEA identifies in its application how the use of such funds in a schoolwide program will produce benefits to Indian students that would not be achieved if the funds are not used in a schoolwide program.
(3)
Special education.
(i)
The school may consolidate funds received under part B of the IDEA.
(ii)
However, the amount of funds consolidated may not exceed the amount received by the LEA under part B of IDEA for that fiscal year, divided by the number of children with disabilities in the jurisdiction of the LEA, and multiplied by the number of children with disabilities participating in the schoolwide program.
(iii)
The school may also consolidate funds received under section 7003(d) of the ESEA (Impact Aid) for children with disabilities in a schoolwide program.
(iv)
A school that consolidates funds under part B of IDEA or section 7003(d) of the ESEA may use those funds for any activities under its schoolwide program plan but must comply with all other requirements of part B of IDEA, to the same extent it would if it did not consolidate funds under part B of IDEA or section 7003(d) of the ESEA in the schoolwide program.
(d)
A school that consolidates and uses in a schoolwide program funds under subpart A of this part or from any other Federal program administered by the Secretary—
(1)
Is not required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds; but
(2)
Must maintain records that demonstrate that the schoolwide program, as a whole, addresses the intent and purposes of each of the Federal programs whose funds were consolidated to support the schoolwide program.
(e)
Each State must modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources in their schoolwide programs to improve educational opportunities and reduce unnecessary fiscal and accounting requirements.
Notes, amendments, and revision history

Amendments

[67 FR 71720, Dec. 2, 2002; 68 FR 1008, Jan. 8, 2003; 84 FR 31673, July 2, 2019]

Authority

Authority: 20 U.S.C. 6301 through 6576, unless otherwise noted. Section 200.1 also issued under 20 U.S.C. 6311(b)(1). Section 200.11 also issued under 20 U.S.C. 6311(c)(2), (g)(2)(D), (h)(1)(C)(xii), (h)(2)(C), 6312(c)(3), 9622(d)(1). Section 200.25 also issued under 20 U.S.C. 6314. Section 200.26 also issued under 20 U.S.C. 6314. Section 200.29 also issued under 20 U.S.C. 1413(a)(2)(D), 6311(g)(2)(E), 6314, 6396(b)(4), 7425(c), 7703(d). Section 200.61 also issued under 20 U.S.C. 6312(e). Section 200.62 also issued under 20 U.S.C. 6320(a). Section 200.63 also issued under 20 U.S.C. 6320(b). Section 200.64 also issued under 20 U.S.C. 6320. Section 200.65 also issued under 20 U.S.C. 6320(a)(1)(B). Section 200.68 also issued under 20 U.S.C. 6320(a)(3)(B). Section 200.73 also issued under 20 U.S.C. 6332(c), 6336(f)(3), 7221e(c). Section 200.77 also issued under 20 U.S.C. 6313(c)(3)-(5), 6318(a)(3), 6320; 42 U.S.C. 11432(g)(1)(J)(ii)-(iii), 11433(b)(1). Section 200.78 also issued under 20 U.S.C. 6313(a)(5)(B), (c), 6333(c)(2). Section 200.79 also issued under 20 U.S.C. 6313(b)(1)(D), (c)(2)(B), 6321(d). Section 200.81 also issued under 20 U.S.C. 6391-6399. Section 200.83 also issued under 20 U.S.C. 6396. Section 200.85 also issued under 20 U.S.C. 6398. Section 200.87 also issued under 20 U.S.C. 7881(b)(1)(A). Section 200.88 also issued under 20 U.S.C. 6321(d). Section 200.89 also issued under 20 U.S.C. 6391-6399, 6571, 18 U.S.C. 1001. Section 200.90 also issued under 20 U.S.C. 6432, 6454, 6472. Section 200.100 also issued under 20 U.S.C. 6303, 6303b, 6304. Section 200.103 also issued under 20 U.S.C. 6315(c)(1)(A)(ii), 6571(a), 8101(4).

Source

Source: 60 FR 34802, July 3, 1995, unless otherwise noted.

Amendments

[67 FR 71720, Dec. 2, 2002; 68 FR 1008, Jan. 8, 2003; 84 FR 31673, July 2, 2019]