§ 300.816 Allocations to LEAs.

Plain English summary

This section establishes the formula by which states must allocate IDEA Part B section 619 funds to LEAs, beginning with a base payment derived from 1997 fiscal year figures and adjusted for LEA reorganizations. Remaining funds after base payments are distributed 85 percent based on school enrollment and 15 percent based on child poverty rates. States must use the best uniformly applied data available for enrollment and poverty figures.

Key requirements

• The State must first award each LEA the amount that agency would have received under section 619 of the Act for fiscal year 1997 if the State had distributed 75 percent of its grant for that year under section 619(c)(3), as such section was then in effect.
• If a new LEA is created, the State must divide the base allocation among the new LEA and affected LEAs based on the relative numbers of children with disabilities ages three through five currently provided special education by each of the LEAs.
• If one or more LEAs are combined into a single new LEA, the State must combine the base allocations of the merged LEAs.
• If geographic boundaries or administrative responsibility for providing services to children with disabilities ages three through five changes, the base allocations of affected LEAs must be redistributed among affected LEAs based on the relative numbers of children with disabilities ages three through five currently provided special education by each affected LEA.
• If an LEA received a base payment of zero in its first year of operation, the SEA must adjust the base payment for the first fiscal year after the first annual child count in which the LEA reports that it is serving any children with disabilities aged three through five years.
• After making base allocations, the State must allocate 85 percent of any remaining funds to those LEAs on the basis of the relative numbers of children enrolled in public and private elementary schools and secondary schools within the LEA's jurisdiction.
• After making base allocations, the State must allocate 15 percent of those remaining funds to those LEAs in accordance with their relative numbers of children living in poverty, as determined by the SEA.
• For the purpose of making grants under this section, States must apply on a uniform basis across all LEAs the best data that are available to them on the numbers of children enrolled in public and private elementary and secondary schools and the numbers of children living in poverty.

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• Children with disabilities ages three through five

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.816