§ 300.700 Grants to States.

Plain English summary

This section authorizes the Secretary of Education to make grants to States, outlying areas, freely associated States, and the Secretary of the Interior to support special education and related services for children with disabilities under Part B of the Act. It establishes two different maximum grant amount calculation methods: one for fiscal years 2005–2006 based on current counts of children receiving services, and another for fiscal year 2007 and beyond based on 2004–2005 baseline counts adjusted for population and poverty changes. The maximum amount is tied to 40 percent of the average per-pupil expenditure in public elementary and secondary schools.

Key requirements

• The Secretary makes grants to States, outlying areas, and freely associated States, and provides funds to the Secretary of the Interior, to assist them to provide special education and related services to children with disabilities in accordance with Part B of the Act.
• For fiscal years 2005 and 2006, the maximum grant amount is calculated by multiplying the number of children with disabilities receiving special education and related services (aged 3–5 if eligible under section 619, and aged 6–21) by 40 percent of the average per-pupil expenditure in public elementary and secondary schools in the United States.
• For fiscal year 2007 and subsequent fiscal years, the maximum grant amount uses the number of children with disabilities in the 2004–2005 school year receiving special education and related services (aged 3–5 if eligible under section 619, and aged 6–21), multiplied by 40 percent of the average per-pupil expenditure, adjusted by the rate of annual change.
• The rate of annual change adjustment is based on the sum of 85 percent of the State's population of children aged 3 through 21 of the same age as children with disabilities for whom FAPE is ensured, and 15 percent of that population living in poverty.

Affected parties

• States
• Outlying areas
• Freely associated States
• Secretary of the Interior
• Children with disabilities aged 3 through 21
• Secretary of Education

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.700