---
kind: "section"
citation: "34 C.F.R. § 222.51"
title: "34"
number: "222.51"
heading: "Which children may a local educational agency count for payment under section 8003(d) of the Act?"
url: "https://uscodex.org/cfr/34/222.51"
---

# §222.51. Which children may a local educational agency count for payment under section 8003(d) of the Act?

- (a) An LEA may count children described in sections 8003(a)(1)(A)(ii), (a)(1)(B), (a)(1)(C), and (a)(1)(D) of the Act who are eligible for services under the provisions of Part B or Part C of the Individuals with Disabilities Education Act ([20 U.S.C. 1400](/usc/20/1400.md) et seq.) (IDEA), for the purpose of computing a payment under [section 8003(d)](/cfr/34/8003.md?p=d) in accordance with the provisions of this section.
- (b)
  - (1) An LEA may count a child with a disability described in [paragraph (a)](#a) of this section who attends a private school or residential program if the LEA has placed or referred the child in accordance with the provisions of [section 613](/cfr/34/613.md) of the IDEA and [34 CFR part 300](/cfr/34/part300.md), [subparts C](/cfr/34/subpartC.md) and D.
  - (2) An LEA may not count a child with a disability described in [paragraph (a)](#a) of this section who is placed in a private school by his or her parents, but that child may participate in public school programs that use [section 8003(d)](/cfr/34/8003.md?p=d) funds.
- (c) An LEA may count infants and toddlers with disabilities described in [paragraph (a)](#a) of this section if—
  - (1) **The LEA provides early intervention services or FAPE to each of those children—**
    - (i) Either directly or through an arrangement with another entity; and
    - (ii) The State does not charge a fee or other out-of-pocket cost to the child's parents under the State's system of payments on file with the Secretary required under 34 CFR [303.203(b)(1)](/cfr/34/303.203.md?p=b-1), [303.520](/cfr/34/303.520.md), and [303.521](/cfr/34/303.521.md), and there is no other cost to the child's parents (the costs of premiums do not count as out-of-pocket costs); and
  - (2) **Each of those children has an IFSP or IEP (as appropriate).**

## Notes

### Amendments

[80 FR 33166, June 11, 2015]

### Authority

Authority: 20 U.S.C. 7701-7714; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 60 FR 50778, Sept. 29, 1995, unless otherwise noted.

### Amendments

[80 FR 33166, June 11, 2015]