§ 300.701 Outlying areas, freely associated States, and the Secretary of the Interior.

Plain English summary

This section governs how the Secretary reserves and distributes funds from the Part B appropriation to outlying areas, freely associated States, and the Secretary of the Interior. Up to one percent of appropriated funds may be used for outlying areas and freely associated States, with the latter required to meet specific application and assurance requirements. An additional 1.226 percent is reserved for the Secretary of the Interior.

Key requirements

• The Secretary reserves not more than one percent of funds appropriated under section 611(i) of the Act to provide assistance to the outlying areas in accordance with their respective populations of individuals aged 3 through 21.
• Each freely associated State receives a grant in the amount it received for fiscal year 2003 under Part B of the Act, provided it meets applicable requirements.
• Freely associated States must include in their application: information demonstrating they will meet all conditions that apply to States under Part B of the Act.
• Freely associated States must provide an assurance that funds will be used only for the direct provision of special education and related services to children with disabilities and to enhance capacity to make FAPE available to all children with disabilities.
• Freely associated States must identify the source and amount of additional funds they will make available to ensure FAPE is available to all children with disabilities within their jurisdiction.
• Freely associated States must provide such other information and assurances as the Secretary may require.
• The provisions of Public Law 95-134, permitting consolidation of grants by outlying areas, do not apply to funds provided under Part B of the Act.
• The Secretary reserves 1.226 percent of appropriated funds to provide assistance to the Secretary of the Interior in accordance with §§ 300.707 through 300.716.

Affected parties

• U.S. Secretary of Education
• Outlying areas
• Freely associated States
• Secretary of the Interior
• Children with disabilities in outlying areas and freely associated States

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.701