34 C.F.R. §§ 200.72–200.74

3 sections in range

§200.72. Procedures for adjusting allocations determined by the Secretary to account for eligible LEAs not on the Census list.

34 C.F.R. § 200.72

(a)

General. For each LEA not on the Census list (hereinafter referred to as a “new” LEA), an SEA must determine the number of formula children and the number of children ages 5 to 17, inclusive, in that LEA.

(b)

Determining LEA eligibility. An SEA must determine basic grant, concentration grant, targeted grant, and education finance incentive grant eligibility for each new LEA and re-determine eligibility for the LEAs on the Census list, as appropriate, based on the number of formula children and children ages 5 to 17, inclusive, determined in paragraph (a) of this section.

(c)

Adjusting LEA allocations. An SEA must adjust the LEA allocations calculated by the Secretary to determine allocations for eligible new LEAs based on the number of formula children determined in paragraph (a) of this section.

Notes, amendments, and revision history

Amendments

[82 FR 31711, July 7, 2017]

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

[82 FR 31711, July 7, 2017]

§200.73. Applicable hold-harmless provisions.

34 C.F.R. § 200.73

(a)

General.

(1)

Except as authorized under paragraph (c) of this section and § 200.100(d)(2), an SEA may not reduce the allocation of an eligible LEA below the hold-harmless amounts established under paragraph (a)(4) of this section.

(2)

The hold-harmless protection limits the maximum reduction of an LEA's allocation compared to the LEA's allocation for the preceding year.

(3)

Except as provided in § 200.100(d), an SEA must apply the hold-harmless requirement separately for basic grants, concentration grants, targeted grants, and education finance incentive grants as described in paragraph (a)(4) of this section.

(4)

Under sections 1122(c) and 1125A(f)(3) of the ESEA, the hold-harmless percentage varies based on the LEA's proportion of formula children, as shown in the following table:

(b)

Targeted grants and education finance incentive grants. The number of formula children used to determine the hold-harmless percentage is the number before applying the weights described in section 1125 and section 1125A of the ESEA.

(c)

Adjustment for insufficient funds. If the amounts made available to the State are insufficient to pay the full amount that each LEA is eligible to receive under paragraph (a)(4) of this section, the SEA must ratably reduce the allocations for all LEAs in the State to the amount available.

(d)

Eligibility for hold-harmless protection.

(1)

An LEA must meet the eligibility requirements for a basic grant, targeted grant, or education finance incentive grant under § 200.71 in order for the applicable hold-harmless provision to apply.

(2)

An LEA not meeting the eligibility requirements for a concentration grant under § 200.71 must be paid its hold-harmless amount for four consecutive years.

(e)

Hold-harmless protection for a newly opened or significantly expanded charter school LEA. An SEA must calculate a hold-harmless base for the prior year for a newly opened or significantly expanded charter school LEA that, as applicable, reflects the new or significantly expanded enrollment of the charter school LEA.

Notes, amendments, and revision history

Amendments

[82 FR 31711, July 7, 2017, as amended at 84 FR 31675, July 2, 2019]

Authority

Source

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

Amendments

[82 FR 31711, July 7, 2017, as amended at 84 FR 31675, July 2, 2019]

§200.74. Use of an alternative method to distribute grants to LEAs with fewer than 20,000 residents.

34 C.F.R. § 200.74

(a)

For eligible LEAs serving an area with a total census population of less than 20,000 persons (hereinafter referred to as “small LEAs”), an SEA may apply to the Secretary to use an alternative method to distribute basic grant, concentration grant, targeted grant, and education finance incentive grant funds.

(b)

In its application, the SEA must—

(1)

Identify the alternative data it proposes to use; and

(2)

Assure that it has established a procedure through which a small LEA that is dissatisfied with the determination of its grant may appeal directly to the Secretary.

(c)

The SEA must base its alternative method on population data that best reflect the current distribution of children from low-income families among the State's small LEAs and use the same poverty measure consistently for small LEAs across the State for all Title I, part A programs.

(d)

Based on the alternative poverty data selected, the SEA must—

(1)

Re-determine eligibility of its small LEAs for basic grants, concentration grants, targeted grants, and education finance incentive grants in accordance with § 200.71;

(2)

Calculate allocations for small LEAs in accordance with the provisions of sections 1124, 1124A, 1125, and 1125A of the ESEA, as applicable; and

(3)

Ensure that each LEA receives the hold-harmless amount to which it is entitled under § 200.73.

(e)

The amount of funds available for redistribution under each formula is the separate amount determined by the Secretary under sections 1124, 1124A, 1125, and 1125A of the ESEA for eligible small LEAs after the SEA has made the adjustments required under § 200.72(c).

(f)

If the amount available for redistribution to small LEAs under an alternative method is not sufficient to satisfy applicable hold-harmless requirements, the SEA must ratably reduce all eligible small LEAs to the amount available.

Notes, amendments, and revision history

Amendments

[82 FR 31711, July 7, 2017]

Authority

Source

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

Amendments

[82 FR 31711, July 7, 2017]

34 C.F.R. §§ 200.72–200.74

§200.72. Procedures for adjusting allocations determined by the Secretary to account for eligible LEAs not on the Census list.

Amendments

Authority

Source

Amendments

§200.73. Applicable hold-harmless provisions.

Amendments

Authority

Source

Amendments

§200.74. Use of an alternative method to distribute grants to LEAs with fewer than 20,000 residents.

Amendments

Authority

Source

Amendments

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