34 C.F.R. § 300.706   Permanent formula.


Title 34 - Education


Title 34: Education
PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
Subpart G—Allocation of Funds; Reports
Allocations

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§ 300.706   Permanent formula.

(a) Establishment of base year. The Secretary allocates the amount described in §300.703(a) among the States in accordance with §§300.706–300.709 for each fiscal year beginning with the first fiscal year for which the amount appropriated under 611(j) of the Act is more than $4,924,672,200.

(b) Use of base year—(1) Definition. As used in this section, the term base year means the fiscal year preceding the first fiscal year in which this section applies.

(2) Special rule for use of base year amount. If a State received any funds under section 611 of the Act for the base year on the basis of children aged 3 through 5, but does not make FAPE available to all children with disabilities aged 3 through 5 in the State in any subsequent fiscal year, the Secretary computes the State's base year amount, solely for the purpose of calculating the State's allocation in that subsequent year under §§300.707–300.709, by subtracting the amount allocated to the State for the base year on the basis of those children.

(Authority: 20 U.S.C. 1411(e)(1) and (2))

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