§ 300.206 Schoolwide programs under title I of the ESEA.

Plain English summary

This section permits LEAs to use Part B IDEA funds in Title I schoolwide programs under section 1114 of the ESEA, with the allowable amount calculated proportionally based on the number of children with disabilities in the schoolwide program relative to the total jurisdiction. Despite this flexibility, all other Part B requirements remain in force, including proper IEP development and the full guarantee of rights and services for children with disabilities in those schools.

Key requirements

• An LEA may use funds received under Part B of the Act for any fiscal year to carry out a schoolwide program under section 1114 of the ESEA.
• The amount used in any schoolwide program may not exceed: the amount received by the LEA under Part B divided by the number of children with disabilities in the jurisdiction, multiplied by the number of children with disabilities participating in the schoolwide program.
• The funds must be considered as Federal Part B funds for purposes of the calculations required by § 300.202(a)(2) and (a)(3).
• The funds may be used without regard to the requirements of § 300.202(a)(1).
• All other requirements of Part B of the Act must be met by an LEA using Part B funds in accordance with paragraph (a) of this section.
• Children with disabilities in schoolwide program schools must receive services in accordance with a properly developed IEP.
• Children with disabilities in schoolwide program schools must be afforded all of the rights and services guaranteed to children with disabilities under the Act.

Affected parties

• Local Educational Agencies (LEAs)
• Children with disabilities in schoolwide program schools
• Parents of children with disabilities in schoolwide program schools
• Title I schoolwide program schools

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.206