NC Education Code · NC Policy Manual
NC 1506-1.2 Allocations to States
Plain English summary
This regulation establishes the federal formula by which the Secretary allocates IDEA Part B funds among states after reserving amounts for technical assistance, outlying areas, and the Secretary of the Interior. Allocations are calculated differently depending on whether total available funds have increased or decreased relative to the prior fiscal year, with minimum and maximum limits applied to each state's share. The formula uses population data for children aged 3-21 and poverty rates to distribute any incremental funding increases.
Key requirements
- After reserving funds for technical assistance, and for payments to the outlying areas, the freely associated States, and the Secretary of the Interior for a fiscal year, the Secretary allocates the remaining amount among the States in accordance with paragraphs (b), (c), and (d) of this section.
- If a State received any funds under section 611 of the IDEA for fiscal year 1999 on the basis of children aged three through five, but does not make FAPE available to all children with disabilities aged three through five in the State in any subsequent fiscal year, the Secretary computes the State's amount for fiscal year 1999, solely for the purpose of calculating the State's allocation in that subsequent year under paragraph (c) or (d) of this section, by subtracting the amount allocated to the State for fiscal year 1999 on the basis of those children.
- To each State the amount the State received under this section for fiscal year 1999.
- Eighty-five (85) percent of any remaining funds to States on the basis of the States' relative populations of children aged three through 21 who are of the same age as children with disabilities for whom the State ensures the availability of FAPE under Part B of the IDEA.
- Fifteen (15) percent of those remaining funds to States on the basis of the States' relative populations of children described in paragraph (c)(1)(i)(B) of this section who are living in poverty.
- For the purpose of making grants under this section, the Secretary uses the most recent population data, including data on children living in poverty, that are available and satisfactory to the Secretary.
- No State's allocation may be less than its allocation under section 611 of the Act for the preceding fiscal year.
- Notwithstanding paragraph (c)(2)(ii) of this section, no State's allocation under paragraph (a) of this section may exceed the sum of the amount the State received under section 611 of the IDEA for the preceding fiscal year and that amount multiplied by the sum of 1.5 percent and the percentage increase in the amount appropriated under section 611 of the IDEA from the preceding fiscal year.
- If the amount available for allocations to States under paragraph (c) of this section is insufficient to pay those allocations in full, those allocations are ratably reduced, subject to paragraph (c)(2)(i) of this section.
- If the amount available for allocations under paragraph (a) of this section is equal to or less than the amount allocated to the States for fiscal year 1999, each State is allocated the amount it received for fiscal year 1999.
- If the amount available for allocations under paragraph (d) of this section is insufficient to make the allocations described in paragraph (d)(2)(i) of this section, those allocations are ratably reduced.
Affected parties
- State educational agencies
- Secretary of Education
- Children with disabilities aged 3 through 21
- Outlying areas and freely associated States
- Secretary of the Interior