DISTRIBUTION OF IDEA PART B PRESCHOOL FUNDS TO LEAS

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.815  Subgrants to LEAs.

Each State that receives a grant under section 619 of the Act for any fiscal year must distribute all of the grant funds the State does not reserve under §300.812 to LEAs (including public charter schools that operate as LEAs) in the State that have established their eligibility under section 613 of the Act. Effective with funds that become available on July 1, 2009, each State must distribute funds to eligible LEAs that are responsible for providing education to children aged three through five years, including public charter schools that operate as LEAs, even if the LEA is not serving any preschool children with disabilities.


Last Amended:   73 FR 73028, Dec. 1, 2008
Entered:   Dec. 9, 2008
SBS

34 Code of Federal Regulations § 300.816  Allocations to LEAs.    

(a) Base payments. The State must first award each LEA described in §300.815 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.   
. . . 


Last Amended:   73 FR 73028, Dec. 1, 2008 
Entered:   Dec. 9, 2008 

34 Code of Federal Regulations § 300.816  Allocations to LEAs.    

. . . 
(d) Use of best data. 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. 


Last Amended:   73 FR 73028, Dec. 1, 2008 
Entered:   Dec. 9, 2008 

34 Code of Federal Regulations § 300.816  Allocations to LEAs.    

. . . 
(c) Allocation of remaining funds. After making allocations under paragraph (a) of this section, the State must—       
    (1) 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; and 
    (2) 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.   
. . . 


Last Amended:   73 FR 73028, Dec. 1, 2008 
Entered:   Dec. 9, 2008 

34 Code of Federal Regulations § 300.816  Allocations to LEAs.    

. . . 
(c) Allocation of remaining funds. After making allocations under paragraph (a) of this section, the State must—       
    (1) 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; and 
. . . 


Last Amended:   73 FR 73028, Dec. 1, 2008 
Entered:   Dec. 9, 2008 

34 Code of Federal Regulations § 300.816  Allocations to LEAs.    

. . . 
(c) Allocation of remaining funds. After making allocations under paragraph (a) of this section, the State must—       
. . . 
    (2) 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.   
. . . 


Last Amended:   73 FR 73028, Dec. 1, 2008 
Entered:   Dec. 9, 2008 

34 Code of Federal Regulations § 300.817  Reallocation of LEA funds.

(a) If an SEA determines that an LEA is adequately providing FAPE to all children with disabilities aged three through five years residing in the area served by the LEA with State and local funds, the SEA may reallocate any portion of the funds under section 619 of the Act that are not needed by that LEA to provide FAPE, to other LEAs in the State that are not adequately providing special education and related services to all children with disabilities aged three through five years residing in the areas served by those other LEAs. The SEA may also retain those funds for use at the State level to the extent the State has not reserved the maximum amount of funds it is permitted to reserve for State-level activities pursuant to §300.812.

(b) After an SEA distributes section 619 funds to an eligible LEA that is not serving any children with disabilities aged three through five years, as provided in §300.815, the SEA must determine, within a reasonable period of time prior to the end of the carryover period in 34 CFR 76.709, whether the LEA has obligated the funds. The SEA may reallocate any of those funds not obligated by the LEA to other LEAs in the State that are not adequately providing special education and related services to all children with disabilities aged three through five years residing in the areas served by those other LEAs. The SEA may also retain those funds for use at the State level to the extent the State has not reserved the maximum amount of funds it is permitted to reserve for State-level activities pursuant to §300.812.


Last Amended:   73 FR 73028, Dec. 1, 2008
Entered:   Dec. 9, 2008 
SBS

34 Code of Federal Regulations § 300.818  Part C of the Act inapplicable. 

Part C of the Act does not apply to any child with a disability receiving FAPE, in accordance with Part B of the Act, with funds received under section 619 of the Act.


Last Amended:  71 FR 46813, Aug. 14, 2006
Entered:  June 10, 2009
SBS

Program Guidelines 2018-2019 Special Education Consolidated Grant Application (TEA)

• IDEA-B Formula, pg. 12
• IDEA-B Preschool, pg. 13
• IDEA-D Deaf-Blind, pg. 13

General and Fiscal Guidelines (TEA)