34 C.F.R. § 300.712 Allocations to LEAs.
Title 34 - Education
(a) Interim procedure. For each fiscal year for which funds are allocated to States under §300.703(b) each State shall allocate funds under §300.711 in accordance with section 611(d) of the Act, as in effect prior to June 4, 1997. (b) Permanent procedure. For each fiscal year for which funds are allocated to States under §§300.706–300.709, each State shall allocate funds under §300.711 as follows: (1) Base payments. The State first shall award each agency described in §300.711 the amount that agency would have received under this section for the base year, as defined in §300.706(b)(1), if the State had distributed 75 percent of its grant for that year under section §300.703(b). (2) Base payment adjustments. For any fiscal year after the base year fiscal year— (i) If a new LEA is created, the State shall divide the base allocation determined under paragraph (b)(1) of this section for the LEAs that would have been responsible for serving children with disabilities now being served by the new LEA, among the new LEA and affected LEAs based on the relative numbers of children with disabilities ages 3 through 21, or ages 6 through 21 if a State has had its payment reduced under §300.706(b)(2), currently provided special education by each of the LEAs; (ii) If one or more LEAs are combined into a single new LEA, the State shall combine the base allocations of the merged LEAs; and (iii) If, for two or more LEAs, geographic boundaries or administrative responsibility for providing services to children with disabilities ages 3 through 21 change, the base allocations of affected LEAs shall be redistributed among affected LEAs based on the relative numbers of children with disabilities ages 3 through 21, or ages 6 through 21 if a State has had its payment reduced under §300.706(b)(2), currently provided special education by each affected LEA. (3) Allocation of remaining funds. The State then shall— (i) Allocate 85 percent of any remaining funds to those agencies on the basis of the relative numbers of children enrolled in public and private elementary and secondary schools within each agency's jurisdiction; and (ii) Allocate 15 percent of those remaining funds to those agencies in accordance with their relative numbers of children living in poverty, as determined by the SEA. (iii) For the purposes 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. (Authority: 20 U.S.C. 1411(g)(2))
Title 34: Education
PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
Subpart G—Allocation of Funds; Reports
Allocations
§ 300.712 Allocations to LEAs.
