Title IHelping Disadvantaged Children Meet High Standards

Summary

As specifically required by statute, the U.S. Secretary of Education (Secretary) issues a single set of final regulations implementing the programs under Title I of the Elementary and Secondary Education Act of 1965, as amended by the Improving America's Schools Act of 1994. In order to provide maximum flexibility to grantees

Full text

SUMMARY: As specifically required by statute, the U.S. Secretary of 
Education (Secretary) issues a single set of final regulations 
implementing the programs under Title I of the Elementary and Secondary 
Education Act of 1965, as amended by the Improving America's Schools 
Act of 1994. In order to provide maximum flexibility to grantees 
implementing the programs under Title I, these regulations address only 
those few provisions for which the Secretary believes rulemaking is 
absolutely necessary. These regulations replace the regulations 
currently found at 34 CFR Parts 200, 201, 203, 205 and 212.

EFFECTIVE DATE: These regulations take effect on August 2, 1995.

FOR FURTHER INFORMATION CONTACT: For subparts A and E, Wendy Jo New, 
Telephone: (202) 260-0982; for subpart B, Patricia McKee, Telephone: 
(202) 260-0991; for subpart D, Paul Brown, Telephone: (202) 260-0976: 
Compensatory Education Programs, Office of Elementary and Secondary 
Education, U.S. Department of Education, 600 Independence Avenue, SW, 
Portals Building, room 4400, Washington, DC 20202-6132.
    For subparts C and E, James English, Office of Migrant Education, 
Office of Elementary and Secondary Education, U.S. Department of 
Education, 600 Independence Avenue, SW, Portals Building, room 4100, 
Washington, DC 20202-6135. Telephone: (202) 260-1394.
    Individuals who use a telecommunications device for the deaf (TDD) 
may call the Federal Information Relay Services (FIRS) at 1-800-877-
8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.

SUPPLEMENTARY INFORMATION: The 1994 reauthorization of the Elementary 
and Secondary Education Act of 1965 (ESEA) revised Federal elementary 
and secondary education programs extensively to help ensure that all 
children acquire the knowledge and skills they will need to succeed in 
the 21st century. Under the reauthorized ESEA, Federal education 
programs for the first time are designed to work together with, rather 
than separately from, one another. In addition, rather than operating 
apart from the broader education that children receive, the ESEA 
reinforces State and community reform efforts geared to challenging 
State standards, particularly those initiated or supported by the Goals 
2000: Educate America Act. In fact, all of the major ESEA programs are 
redesigned to support comprehensive State and local reforms of teaching 
and learning and ensure that all children--whatever their background 
and whatever school they attend--can reap the benefit of those reforms.
    As the largest by far of all ESEA programs, Title I is the 
centerpiece of the ESEA's efforts to help the neediest schools and 
students reach the same challenging standards expected of all children. 
Effective July 1, 1995, the four Title I programs--the basic program in 
local educational agencies (LEAs) (Part A), the Even Start Family 
Literacy program (Part B), the Migrant Education program (Part C), and 
the Neglected, Delinquent, and At-Risk Youth program (Part D)--are 
designed to work together in support of this common purpose. Moreover, 
the programs embrace the same fundamental new strategies to help ensure 
that the intended beneficiaries are not left behind in State and local 
efforts to promote higher standards. These strategies include: a 
schoolwide focus on improving teaching and learning, strong program 
coordination by LEAs, flexibility at the local level combined with 
clear accountability for results, more focused targeting of resources 
on the neediest schools, and stronger partnerships between schools and 
communities to support higher achievement for all children.
    On May 1, 1995, the Secretary published a notice of proposed 
rulemaking (NPRM) for Title I in the Federal Register (60 FR 21400-
21419). The preamble to the NPRM included a discussion of the 
provisions enacted by Congress that were addressed in the NPRM. The 
preamble also included a summary of the results of the negotiated 
rulemaking process the Secretary implemented under section 1601(b) of 
Title I. In developing the proposed regulations, the Secretary 
considered the comments of persons who responded to the October 28, 
1994 Federal Register notice requesting advice and recommendations on 
regulatory issues under Title I (59 FR 54372-74) and also the comments 
of participants in the negotiated rulemaking process.

Changes From the NPRM and Analysis of Comments and Changes

    In response to the Secretary's invitation to comment in the NPRM, 
370 letters were received from State and LEA officials, teachers, 
organizations, Members of Congress, citizens, and students. An analysis 
of the comments and the Secretary's responses to those comments is 
published as an appendix to these final regulations.
    In these final regulations, the Secretary has considered these 
comments, balancing the concerns of State and local school officials, 
parents, and others with the statutory purposes of the program and the 
needs of the children to be served. The following sections provide a 
brief summary of the final regulations that differ from the regulations 
proposed in the NPRM.

State Responsibilities for Assessment (Secs. 200.1, 200.4)

    The Secretary has revised Secs. 200.1 and 200.4 to clarify that a 
State's set of high-quality yearly assessments must measure performance 
in at least mathematics and reading/language arts, but need not be 
focused solely on reading/language arts or mathematics. Rather, as 
indicated in Sec. 200.4(a)(1), a State may meet this requirement by 
developing or adopting assessments in other academic subjects as long 
as those assessments sufficiently measure performance in mathematics 
and reading/language arts. For example, an assessment in an academic 
subject such as social studies may sufficiently measure performance in 
reading/language arts. Particularly at the secondary level, the 
Secretary believes it may be especially appropriate to measure 
performance in reading/language arts through assessments in content 
areas. In addition, the Secretary emphasizes the importance of all 
children attaining high levels of performance in all core academic 
subjects. Limiting the focus of Title I accountability in no way is 
intended to alter the overall responsibility of States, local school 
districts, and schools for success of all students in the core academic 
subjects determined by the State. If a State has standards and 
assessments for all students in subjects beyond mathematics and 
reading/language arts, the regulations do not preclude a State from 
including, for accountability purposes, additional subject areas, and 
the Secretary encourages them to do so. Schoolwide Program Requirements (Sec. 200.8)

    Section 200.8(c)(3)(ii)(B)(1)(A) of the proposed regulations would 
have required a school that combines in its schoolwide program funds 
received under Part C of Title I, in consultation with parents of 
migratory children or organizations representing those parents, to 
first address the identified needs of migratory children that result 
from the effects of their migratory lifestyle or are needed to permit 
migratory children to participate effectively in school. The Secretary 
has revised this section to clarify that both parents and organizations 
representing those parents may participate in consultation together to 
clarify that the two parties are not mutually exclusive.

Responsibilities for Providing Services to Children in Private Schools 
(Sec. 200.10)

    Recognizing that some LEAs identify a public school as eligible for 
Title I on the basis of student enrollment rather than because it 
serves an eligible attendance area, the Secretary has amended 
Sec. 200.10(b) to clarify that if an LEA identifies a public school as 
eligible on the basis of enrollment, the LEA must, in consultation with 
private school officials, determine an equitable way to identify 
eligible private school children.

Payments to LEAs for Capital Expenses (Sec. 200.16)

    Section 200.16(a)(2)(i)(D) makes clear that the salaries of 
noninstructional technicians who monitor computer-assisted instruction 
in private schools are administrative costs to be taken off the top of 
an LEA's allocation. As such, the LEA may fund those technicians from 
its capital expense funds.

Reservation of Funds by an LEA (Sec. 200.27)

    The Secretary has amended Sec. 200.27 to clarify that capital 
expenses incurred to implement alternative delivery systems necessary 
to serve private school students in compliance with Aguilar v. Felton 
that are not reimbursed under section 1002(e) of Title I are 
administrative costs that must be taken off the top of an LEA's Part A 
allocation.
Allocation of Funds to School Attendance Areas and Schools 
(Sec. 200.28)

    The Secretary has made several changes in Sec. 200.28. First, the 
Secretary has added flexibility in paragraph (a)(3) to permit an LEA 
that ranks its school attendance areas or schools below 75 percent 
poverty by grade span groupings to determine the percentage of children 
from low-income families in the LEA as a whole for each grade span 
grouping.
    Second, the Secretary has addressed a significant problem 
concerning the availability of adequate poverty data on children who 
reside in participating public school attendance areas but who attend 
private schools. Paragraph (a)(2)(i) provides that, if the same data 
are not available for private school children as are available for 
public school children, an LEA may use comparable data collected 
through alternative means such as a survey or from existing sources 
such as Aid to Families with Dependent Children or tuition scholarship 
programs. Under paragraph (a)(2)(ii), if complete actual poverty data 
are not available on private school children, an LEA may extrapolate 
from actual data on a representative sample of private school children 
the number of poor private school children. If adequate data are not 
available under paragraph (a)(2)(i) or (ii), the LEA, for the 1995-96 
school year only, shall derive the number of private school children 
from low-income families by applying the poverty percentage of each 
participating public school attendance area to the number of private 
school children who reside in that area.
    For example, if a participating public school area has 50 percent 
poverty and 100 children who reside in that area attend private 
schools, 50 private school children would be deemed to be poor and thus 
would generate Part A funds. For school years after 1995-96, however, 
actual poverty data (or a reasonable estimate based on an adequate 
sample) will be required. Finally, the Secretary has made clear in 
paragraph (b)(1) that an LEA must calculate 125 percent of the per-
pupil amount of funds the LEA receives for a given fiscal year before 
the LEA reserves any funds under Sec. 200.27.

Migrant Education Program (MEP) Definitions (Sec. 200.40)

    The proposed regulations contained definitions of ``migratory 
agricultural worker'' and ``migratory fisher'' to require a move to 
obtain temporary or seasonal agricultural or fishing work ``as a 
principal means of livelihood.'' This term was proposed to focus MEP 
services on children who are truly migratory, i.e., children in 
families with an actual, significant dependency on migratory 
agricultural or fishing work. In doing so, the new requirement was 
intended to correct a situation in which persons who move across school 
district lines to perform temporary or seasonal agricultural or fishing 
activities for only a short time are considered ``migratory'' under the 
MEP, even when they do not have a significant economic dependence on 
the agricultural or fishing activities. Because many commenters 
appeared to have misunderstood the scope and intent of the ``principal 
means of livelihood'' language, and the degree of burden that its use 
would place on State and local program staff and parents of migratory 
children, the regulations have been revised to more clearly define the 
term, ``principal means of livelihood,'' for purposes of the MEP and 
clarify the term's applicability to moves within 15,000 square mile 
districts.

Use of Program Funds for Unique Program Function Costs 
(Sec. 200.41)

    The proposed regulations permit an SEA to use MEP funds to carry 
out other administrative activities, beyond those allowable under 
Sec. 200.61, that are unique to the MEP ``or that are the same or 
similar to those performed by LEAs in the State under subpart A.'' In 
response to comment, the regulations have been revised to clarify that 
administrative activities ``that are the same or similar to those 
performed by LEAs in the State under subpart A'' are included under 
those administrative activities that are unique to the MEP.

Executive Order 12866

    These final regulations have been reviewed in accordance with 
Executive Order 12866. Under the terms of the order, the Secretary has 
assessed the potential costs and benefits of this regulatory action.
    The benefits associated with these final regulations are clear. 
Because the Secretary has chosen to regulate on very few statutory 
provisions, SEAs and LEAs have considerable flexibility in implementing 
the provisions of Title I to meet their particular needs and 
circumstances. Moreover, the potential costs associated with these 
final regulations are minimal; they result from specific statutory 
requirements or have been determined by the Secretary to be necessary 
for administering the Title I programs effectively and efficiently.

Intergovernmental Review

    Grants to SEAs for the MEP and grants to SEAs and LEAs for the 
Migrant Education Coordination Program are subject to the requirements 
of Executive Order 12372 and the regulations in 34 CFR Part 79. The 
objective of the Executive Order is to foster an intergovernmental 
partnership and a strengthened federalism by relying on processes 
developed by State and local governments for coordination and review of proposed Federal financial 
assistance.
    In accordance with this order, this document is intended to provide 
early notification of the Secretary's specific plans and actions for 
these programs.

List of Subjects in 34 CFR Part 200

    Administrative practice and procedure, Adult education, Children, 
Coordination, Education, Education of disadvantaged children, Education 
of individuals with disabilities, Elementary and secondary education, 
Eligibility, Family, Family-centered education, Grant programs--
education, Indians--education, Institutions of higher education, 
Interstate coordination, Intrastate coordination, Juvenile delinquency, 
Local educational agencies, Migratory children, Migratory workers, 
Neglected, Nonprofit private agencies, Private schools, Public 
agencies, Reporting and recordkeeping requirements, State-administered 
programs, State educational agencies, Subgrants.

34 CFR Part 201

    Education of disadvantaged, Elementary and secondary education, 
Grant programs--education, Migrant labor, Reporting and recordkeeping 
requirements.

34 CFR Part 203

    Education of disadvantaged, Elementary and secondary education, 
Grant programs--education, Juvenile delinquency, Reporting and 
recordkeeping requirements.

34 CFR Part 205

    Education of disadvantaged, Elementary and secondary education, 
Grant programs--education, Migrant labor.

34 CFR Part 212

    Adult education, Education of disadvantaged, Elementary and 
secondary education, Grant programs--education, Indians--education, 
Infants and children, Migrant labor, Reporting and recordkeeping 
requirements.

    Dated: June 28, 1995.
Richard W. Riley,
Secretary of Education.
(Catalog of Federal Domestic Assistance Numbers: 84.010, Improving 
Programs Operated by Local Educational Agencies; 84.011, Migrant 
Education Basic State Formula Grant Program; 84.013, Prevention and 
Intervention Programs for Children and Youth Who Are Neglected, 
Delinquent, or At-Risk of Dropping Out; 84.144, Migrant Education 
Coordination Program; 84.213, Even Start Family Literacy Program)
    The Secretary amends Title 34 of the Code of Federal Regulations by 
removing Parts 201, 203, 205, and 212 and revising Part 200 as follows:

PART 201 [Removed]

    1. Part 201 is removed.

PART 203 [Removed]

    2. Part 203 is removed.

PART 205 [Removed]

    3. Part 205 is removed.

PART 212 [Removed]

    4. Part 212 is removed.
    5. Part 200 is revised to read as follows:

PART 200--TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH 
STANDARDS

Subpart A--Improving Basic Programs Operated by Local Educational 
Agencies

Standards, Assessment, and Accountability

Sec.
200.1  Contents of a State plan.
200.2  State responsibilities for developing challenging standards.
200.3  Requirements for adequate progress.
200.4  State responsibilities for assessment.
200.5  Requirements for school improvement.
200.6  Requirements for LEA improvement.
200.7  [Reserved]

Schoolwide Programs

200.8  Schoolwide program requirements.
200.9  [Reserved]

Participation of Eligible Children in Private Schools

200.10  Responsibilities for providing services to children in 
private schools.
200.11  Factors for determining equitable participation of children 
in private schools.
200.12  Requirements to ensure that funds do not benefit a private 
school.
200.13  Requirements concerning property, equipment, and supplies 
for the benefit of private school children.
200.14  [Reserved]

Capital Expenses

200.15  Payments to SEAs for capital expenses.
200.16  Payments to LEAs for capital expenses.
200.17  Use of LEA payments for capital expenses.
200.18-200.19  [Reserved]

Procedures for the Within-State Allocation of LEA Program Funds

200.20  Allocation of funds to LEAs.
200.21  Determination of the number of children eligible to be 
counted.
200.22  Allocation of basic grants.
200.23  Allocation of concentration grants.
200.24  Allocation of targeted grants.
200.25  Applicable hold-harmless provisions.
200.26  [Reserved]

Procedures for the Within-District Allocation of LEA Program Funds

200.27  Reservation of funds by an LEA.
200.28  Allocation of funds to school attendance areas and schools.
200.29  [Reserved]

Subpart B--Even Start Family Literacy Programs

200.30  Migrant Education Even Start program definition.
200.31-200.39  [Reserved]

Subpart C--Migrant Education Program

200.40  Program definitions.
200.41  Use of program funds for unique program function costs.
200.42  Responsibilities of SEAs and operating agencies for 
assessing the effectiveness of the MEP.
200.43  Responsibilities of SEAs and operating agencies for 
improving services to migratory children.
200.44  Use of MEP funds in schoolwide projects.
200.45  Responsibilities for participation of children in private 
schools.
200.46-200.49  [Reserved]
Subpart D--Prevention and Intervention Programs for Children and Youth 
Who Are Neglected, Delinquent, or At-Risk of Dropping Out
200.50  Program definitions.
200.51  SEA counts of eligible children.
200.52-200.59  [Reserved]

Subpart E--General Provisions

200.60  Reservation of funds for State administration and school 
improvement.
200.61  Use of funds reserved for State administration.
200.62  [Reserved]
200.63  Supplement, not supplant.
200.64  Maintenance of effort.
200.65  Definitions.
200.66-200.69  [Reserved]

    Authority: 20 U.S.C. 6301-6514, unless otherwise noted.
Subpart A--Improving Basic Programs Operated by Local Educational 
Agencies

Standards, Assessment, and Accountability


Sec. 200.1  Contents of a State plan.

    (a)(1) A State that desires to receive a grant under this subpart 
shall submit to the Secretary a plan that meets the requirements of 
this section.
    (2) A State plan must be--
    (i) Developed with broad-based consultation throughout the planning 
process with local educational agencies (LEAs), teachers, pupil 
services personnel, other staff, parents, and administrators, including 
principals;
    (ii) Developed with substantial involvement of the Committee of Practitioners established under section 1603(b) of the Elementary and 
Secondary Education Act of 1965, as amended (Act), and continue to 
involve the Committee in monitoring the plan's implementation; and
    (iii) Coordinated with other plans developed under the Act, the 
Goals 2000: Educate America Act, and other acts, as appropriate, 
consistent with section 14307 of the Act.
    (3) In lieu of a State plan under this section, a State may include 
programs under this part in a consolidated State plan submitted in 
accordance with section 14302 of the Act.
    (b) A State plan must address the following:
    (1) Challenging standards. The State plan must include--
    (i) Evidence that demonstrates that--
    (A) The State has developed or adopted challenging content and 
student performance standards for all students in accordance with 
Sec. 200.2; and
    (B) The State's procedure for setting the student performance 
levels applies recognized professional and technical knowledge for 
establishing the student performance levels; or
    (ii) The State's strategy and schedule for developing or adopting 
by the beginning of the 1997-1998 school year--
    (A) Challenging content and student performance standards for all 
students in accordance with Sec. 200.2(b); or
    (B) Content and student performance standards for elementary and 
secondary school children served under this subpart in accordance with 
Sec. 200.2(c), if the State will not have developed or adopted content 
and student performance standards for all students by the 1997-1998 
school year or does not intend to develop such standards.
    (iii) For subjects in which students will be served under this 
subpart but for which a State has no standards, the State plan must 
describe the State's strategy for ensuring that those students are 
taught the same knowledge and skills and held to the same expectations 
as are all children.
    (2) Assessments. The State plan must--
    (i) Demonstrate that the State has developed or adopted a set of 
high-quality yearly student assessments, including assessments that 
measure performance in at least mathematics and reading/language arts, 
in accordance with Sec. 200.4, that will be used as the primary means 
of determining the yearly performance of each school and LEA served 
under this subpart in enabling all children participating under this 
subpart to meet the State's student performance standards; or
    (ii) If a State has not developed or adopted assessments that 
measure performance in at least mathematics and reading/language arts 
in accordance with Sec. 200.4--
    (A) Describe the State's quality benchmarks, timetables, and 
reporting schedule for completing the development and field-testing of 
those assessments by the beginning of the 2000-2001 school year; and
    (B) Describe the transitional set of yearly statewide assessments 
the State will use to assess students' performance in mastering complex 
skills and challenging subject matter; and
    (iii)(A) Identify the languages other than English that are spoken 
by the student population participating under this subpart; and
    (B) Indicate the languages for which yearly student assessments 
that meet the requirements of this section are not available and are 
needed and develop a timetable for progress toward the development of 
these assessments.
    (3) Adequate yearly progress. The State plan must--
    (i) Demonstrate, based on the assessments described under 
Sec. 200.4, what constitutes adequate yearly progress toward enabling 
all children to meet the State performance standards of--
    (A) Any school served under this subpart; and
    (B) Any LEA that receives funds under this subpart; or
    (ii) For any year in which a State uses transitional assessments 
under Sec. 200.4(e), describe how the State will identify schools under 
Sec. 200.5 and LEAs under Sec. 200.6 in accordance with Sec. 200.3.
    (4) Capacity building. Each State plan shall describe--
    (i) How the State educational agency (SEA) will help each LEA and 
school affected by the State plan to develop the capacity to comply 
with each of the requirements of sections 1112(c)(1)(D), 1114(b), and 
1115(c) of the Act that is applicable to the LEA and school; and
    (ii) Other factors the State deems appropriate, which may include 
opportunity-to-learn standards or strategies developed under the Goals 
2000: Educate America Act, to provide students an opportunity to 
achieve the knowledge and skills described in the challenging content 
standards developed or adopted by the State.

(Authority: 20 U.S.C. 6311)


Sec. 200.2  State responsibilities for developing challenging 
standards.

    (a) Standards in general. (1) A State shall develop or adopt 
challenging content and student performance standards that will be used 
by the State, its LEAs, and its schools to carry out this subpart.
    (2) Standards under this subpart must include--
    (i) Challenging content standards in academic subjects that--
    (A) Specify what children are expected to know and be able to do;
    (B) Contain coherent and rigorous content; and
    (C) Encourage the teaching of advanced skills; and
    (ii) Challenging student performance standards that--
    (A) Are aligned with the State's content standards;
    (B) Describe two levels of high performance--proficient and 
advanced--that determine how well children are mastering the material 
in the State's content standards; and
    (C) Describe a third level of performance--partially proficient--to 
provide complete information to measure the progress of lower-
performing children toward achieving to the proficient and advanced 
levels of performance.
    (b) Standards for all children. A State that has developed or 
adopted content standards and student performance standards for all 
students under Title III of the Goals 2000: Educate America Act or 
under another process, or will develop or adopt such standards by the 
beginning of the 1997-1998 school year, shall use those standards, 
modified, if necessary, to conform with the requirements in paragraph 
(a) of this section and Sec. 200.3, to carry out this subpart.
    (c) Standards for children served under this subpart. (1) If a 
State will not have developed or adopted content and student 
performance standards for all students by the beginning of the 1997-
1998 school year, or does not intend to develop those standards, the 
State shall develop content and student performance standards for 
elementary and secondary school children served under this subpart in 
subject areas as determined by the State, but including at least 
mathematics and reading/language arts. These standards must--
    (i) Include the same knowledge, skills, and levels of performance 
expected of all children;
    (ii) Meet the requirements in paragraph (a) of this section and 
Sec. 200.3; and
    (iii) Be developed by the beginning of the 1997-1998 school year. (2) If a State has not developed content and student performance 
standards in mathematics and reading/language arts for elementary and 
secondary school children served under this subpart by the beginning of 
the 1997-1998 school year, the State shall then adopt a set of 
standards in those subjects such as the standards contained in other 
State plans the Secretary has approved.
    (3) If and when a State develops or adopts standards for all 
children, the State shall use those standards to carry out this 
subpart.

(Authority: 20 U.S.C. 6311(b))


Sec. 200.3  Requirements for adequate progress.

    (a) Except as provided in paragraph (c) of this section, each State 
shall determine, based on the State assessment system described in 
Sec. 200.1, what constitutes adequate yearly progress of--
    (1) Any school served under this subpart toward enabling children 
to meet the State's student performance standards; and
    (2) Any LEA that receives funds under this subpart toward enabling 
children in schools served under this subpart to meet the State's 
student performance standards.
    (b) Adequate yearly progress must be defined in a manner that--
    (1) Results in continuous and substantial yearly improvement of 
each school and LEA sufficient to achieve the goal of all children 
served under this subpart, particularly economically disadvantaged and 
limited-English proficient children, meeting the State's proficient and 
advanced levels of performance;
    (2) Is sufficiently rigorous to achieve that goal within an 
appropriate timeframe; and
    (3) Links progress primarily to performance on the State's 
assessment system under Sec. 200.4, while permitting progress to be 
established in part through the use of other measures, such as dropout, 
retention, and attendance rates.
    (c) For any year in which a State uses transitional assessments 
under Sec. 200.4(e), the State shall devise a procedure for identifying 
schools under Sec. 200.5 and LEAs under Sec. 200.6 that relies on 
accurate information about the continuous and substantial yearly 
academic progress of each school and LEA.

(Authority: 20 U.S.C. 6311(b)(2), (7)(B))


Sec. 200.4  State responsibilities for assessment.

    (a) (1) Each State shall develop or adopt a set of high-quality 
yearly student assessments, including assessments that measure 
performance in at least mathematics and reading/language arts, that 
will be used as the primary means of determining the yearly performance 
of each school and LEA served under this subpart in enabling all 
children participating under this subpart to meet the State's student 
performance standards.
    (2) A State may satisfy this requirement if the State has developed 
or adopted a set of high-quality yearly student assessments in other 
academic subjects that measure performance in mathematics and reading/
language arts.
    (b) Assessments under this section must meet the following 
requirements:
    (1) Be the same assessments used to measure the performance of all 
children, if the State measures the performance of all children.
    (2)(i) Be aligned with the State's challenging content and student 
performance standards; and
    (ii) Provide coherent information about student attainment of the 
State's content and student performance standards.
    (3)(i)(A) Be used for purposes for which the assessments are valid 
and reliable; and
    (B) Be consistent with relevant, nationally recognized professional 
and technical standards for those assessments.
    (ii) Assessment measures that do not meet these requirements may be 
included as one of the multiple measures if the State includes in its 
State plan sufficient information regarding the State's efforts to 
validate the measures and to report the results of those validation 
studies.
    (4) Measure the proficiency of students in the academic subjects in 
which a State has adopted challenging content and student performance 
standards.
    (5) Be administered at some time during--
    (i) Grades 3 through 5;
    (ii) Grades 6 through 9; and
    (iii) Grades 10 through 12.
    (6) Involve multiple approaches within an assessment system with 
up-to-date measures of student performance, including measures that 
assess complex thinking skills and understanding of challenging 
content.
    (7) Provide for--
    (i) Participation in the assessment of all students in the grades 
being assessed;
    (ii) Reasonable adaptations and accommodations for students with 
diverse learning needs necessary to measure the achievement of those 
students relative to the State's standards; and
    (iii) (A) Inclusion of limited-English proficient students who 
shall be assessed, to the extent practicable, in the language and form 
most likely to yield accurate and reliable information on what those 
students know and can do to determine the students' mastery of skills 
in subjects other than English.
    (B) To meet this requirement, the State--
    (1) Shall make every effort to use or develop linguistically 
accessible assessment measures; and
    (2) May request assistance from the Secretary if those measures are 
needed.
    (8) Include, for determining the progress of the LEA only, students 
who have attended schools in the LEA for a full academic year, but who 
have not attended a single school in the LEA for a full academic year.
    (9) Provide individual student interpretive and descriptive reports 
that include--
    (i) Individual scores; or
    (ii) Other information on the attainment of student performance 
standards.
    (10) Enable results to be disaggregated within each State, LEA, and 
school by--
    (i) Gender;
    (ii) Each major racial and ethnic group;
    (iii) English proficiency status;
    (iv) Migrant status;
    (v) Students with disabilities as compared to students without 
disabilities; and
    (vi) Economically disadvantaged students as compared to students 
who are not economically disadvantaged.
    (c) (1) If a State has developed or adopted assessments for all 
students that measure performance in mathematics and reading/language 
arts under Title III of the Goals 2000: Educate America Act or under 
another process, the State shall use those assessments, modified, if 
necessary, to conform with the requirements in paragraph (b) of this 
section and Sec. 200.3, to carry out this subpart.
    (2) Paragraph (c)(1) of this section does not relieve the State 
from including students served under this subpart in assessments in any 
other subjects the State has developed or adopted for all children.
    (d) (1) Except as provided in paragraph (d) (2) and (3) of this 
section, if a State has not developed or adopted assessments that 
measure performance in at least mathematics and reading/language arts 
that meet the requirements in paragraph (b) of this section, the State 
shall-- (i) By the beginning of the 2000-2001 school year, develop those 
assessments and field-test them for one year; and
    (ii) Develop a timetable and benchmarks, including reports of 
validity studies, for completing the development and field testing of 
those assessments.
    (2) The State may request a one-year extension from the Secretary 
to test its new assessments if the State submits a strategy to correct 
problems identified in the field testing of its assessments.
    (3) If a State has not developed assessments that measure 
performance in at least mathematics and reading/language arts that meet 
the requirements in paragraph (b) of this section by the beginning of 
the 2000-2001 school year and is denied an extension, the State shall 
adopt a set of assessments in those subjects such as assessments 
contained in the plans of other States the Secretary has approved.
    (e) (1) While a State is developing assessments under paragraph (d) 
of this section, the State may propose to use a transitional set of 
yearly statewide assessments that will--(i) Assess the performance of 
complex skills and challenging subject matter in at least mathematics 
and reading/language arts, which may be satisfied through assessments 
in academic subjects other than mathematics and reading/language arts 
if those assessments measure performance in mathematics and reading/
language arts;
    (ii) Be administered at some time during--
    (A) Grades 3 through 5;
    (B) Grades 6 through 9; and
    (C) Grades 10 through 12; and
    (iii) Include all children in the grades being assessed.
    (2) Transitional assessments do not need to meet the other 
requirements of this section.

(Authority: 20 U.S.C. 6311(b))


Sec. 200.5  Requirements for school improvement.

    (a) Local review. (1)(i) Each LEA receiving funds under this 
subpart shall review annually the progress of each school served under 
this subpart to determine whether the school is meeting or making 
adequate progress toward enabling its students to meet the State's 
student performance standards described in the State plan.
    (ii) An LEA may review a targeted assistance school on the progress 
of only those students that have been or are served under this subpart.
    (2) In conducting its review, an LEA shall--
    (i) (A) Use the State assessments or transitional assessments 
described in the State plan; and
    (B) Use any additional measures or indicators described in the 
LEA's plan; or
    (ii) If the State assessments are not conducted in a Title I 
school, use other appropriate measures or indicators to review the 
school's progress; and
    (iii) (A) Disaggregate the results of the review according to the 
categories specified in Sec. 200.4(b)(10);
    (B) Seek to produce, in schoolwide program schools, statistically 
sound results for each category through the use of oversampling or 
other means; and
    (C) Report disaggregated data to the public only when those data 
are statistically sound.
    (3) The LEA shall--
    (i) Publicize and disseminate to teachers and other staff, parents, 
students, the community, and administrators, including principals, the 
results of the annual review of all schools served under this subpart 
in individual school performance profiles; and
    (ii) Provide the results of the annual review to schools served 
under this subpart so that the schools can continually refine their 
program of instruction to help all children participating under this 
subpart meet the State's student performance standards.

(Authority: 20 U.S.C. 6317(a))

(Approved by the Office of Management and Budget under control 
number 1810-0581)


Sec. 200.6  Requirements for LEA improvement.

    (a) State review. (1)(i) Each SEA shall review annually the 
progress of each LEA served under this subpart to determine whether the 
schools receiving assistance under this subpart are making adequate 
progress toward enabling their students to meet the State's student 
performance standards described in the State plan.
    (ii) An SEA may review the progress of the schools served by an LEA 
only for those students that have been or are being served under this 
subpart.
    (2) In conducting its review, an SEA shall--
    (i) Disaggregate the results of the review according to the 
categories specified in Sec. 200.4(b)(10);
    (ii) Consider other indicators, if applicable, in accordance with 
section 1112(b)(1) of the Act; and
    (ii) Report disaggregated data to the public only when those data 
are statistically sound.
    (3) The SEA shall publicize and disseminate to LEAs, teachers, and 
other staff, parents, students, the community, and administrators, 
including principals, the results of the State review.

(Authority: 20 U.S.C. 6317(d))

(Approved by the Office of Management and Budget under control 
number 1810-0581)


Sec. 200.7  [Reserved]

Schoolwide Programs


Sec. 200.8  Schoolwide program requirements.

    (a) General. (1) An eligible school, in consultation with its LEA, 
may use funds or services under this subpart, in combination with other 
Federal, State, and local funds it receives, to upgrade the entire 
educational program in the school to support systemic reform in 
accordance with the provisions of this section.
    (2)(i) Except as provided in paragraph (a)(2)(ii) of this section, 
a school may not start a new schoolwide program until the SEA provides 
written information to each LEA that the SEA has established a 
statewide system of support and improvement.
    (ii) If a school desires to start a schoolwide program prior to the 
establishment of a statewide system of support and improvement, the 
school shall demonstrate to the LEA that the school has received high-
quality technical assistance and support from other providers of 
assistance.
    (b) Eligibility for a schoolwide program. A school may operate a 
schoolwide program if--
    (1) The LEA determines that the school serves a participating 
attendance area or is a participating school under section 1113 of the 
Act; and
    (2)(i) For the initial year of the schoolwide program, the school 
meets either of the following criteria:
    (A) For the 1995-1996 school year--
    (1) The school serves a school attendance area in which not less 
than 60 percent of the children are from low-income families; or
    (2) Not less than 60 percent of the children enrolled in the school 
are from low-income families.
    (B) For the 1996-1997 school year and subsequent years, the 
percentages of children from low-income families in paragraph 
(b)(2)(i)(A) may not be less than 50 percent.
    (ii) The LEA may choose to determine the percentage of children 
from low-income families under paragraph (b)(2)(i) based on a measure 
of poverty that is different from the poverty measure or measures used 
by the LEA to identify and rank school attendance areas for eligibility 
and participation under this subpart. (c) Availability of other Federal funds. (1) In addition to funds 
under this subpart, a school may use in its schoolwide program Federal 
funds under any program administered by the Secretary, except programs 
under the Individuals with Disabilities Education Act (IDEA), that is 
included on the most recent notice published by the Secretary in the 
Federal Register.
    (2) For the purposes of this section, the authority to combine 
funds from other Federal programs also applies to services provided to 
a school with those funds.
    (3) (i) Except as provided in paragraph (c)(3)(ii) of this section, 
a school that combines funds from any other Federal program 
administered by the Secretary in a schoolwide program--
    (A) Is not required to meet the statutory or regulatory 
requirements of that program applicable at the school level; but
    (B) Shall meet the intent and purposes of that program to ensure 
that the needs of the intended beneficiaries of that program are 
addressed.
    (ii)(A) An LEA or a school that chooses to use funds from other 
programs shall not be relieved of statutory and regulatory requirements 
applicable to those programs relating to--
    (1) Health and safety;
    (2) Civil rights;
    (3) Gender equity;
    (4) Participation and involvement of parents and students; (5) 
Private school children, teachers, and other educational personnel;
    (6) Maintenance of effort;
    (7) Comparability of services;
    (8) Use of Federal funds to supplement, not supplant non-Federal 
funds in accordance with paragraph (f)(1) (iii) and (2) of this 
section; and
    (9) Distribution of funds to SEAs and LEAs.
    (B) A school operating a schoolwide program shall comply with the 
following requirements if it combines funds from these programs in its 
schoolwide program:
    (1) Migrant education. A school that combines in its schoolwide 
program funds received under Part C of Title I of the Act shall--
    (i) In consultation with parents of migratory children or 
organizations representing those parents, or both, first address the 
identified needs of migratory children that result from the effects of 
their migratory lifestyle or are needed to permit migratory children to 
participate effectively in school; and
    (ii) Document that services to address those needs have been 
provided.
    (2) Indian education. A school may combine funds received under 
subpart 1 of Part A of Title IX of the Act in its schoolwide program if 
the parent committee established by the LEA under section 9114(c)(4) of 
the Act approves the inclusion of those funds.
    (iii) This paragraph does not relieve--
    (A) An LEA from complying with all requirements that do not affect 
the operation of a schoolwide program; or
    (B) A non-schoolwide program school from complying with all 
applicable requirements.
    (d) Components of a schoolwide program. A schoolwide program must 
include the following components:
    (1) A comprehensive needs assessment involving the parties listed 
in paragraph (e)(2)(ii) of this section of the entire school that is 
based on--
    (i) Information on the performance of children in relation to the 
State content standards and the State student performance standards 
under section 1111(b)(1) of the Act; or
    (ii) Until the State develops or adopts standards under section 
1111(b)(1) of the Act, an analysis of available data on the achievement 
of students in the school.
    (2) Schoolwide reform strategies that--
    (i) Provide opportunities, based on best knowledge and practice, 
for all children in the school to meet the State's proficient and 
advanced levels of student performance;
    (ii) Are based on effective means of improving the achievement of 
children, such as utilizing research-based teaching strategies;
    (iii) Use effective instructional strategies that--
    (A) Increase the amount and quality of learning time, such as 
providing an extended school year and before- and after-school and 
summer programs;
    (B) Provide an enriched and accelerated curriculum; and
    (C) Meet the educational needs of historically underserved 
populations;
    (iv) (A) Address the needs of all children in the school, 
particularly the needs of children who are members of the target 
population of any program that is included in the schoolwide program 
under paragraph (c) of this section; and
    (B) Address how the school will determine if those needs have been 
met; and
    (v) Are consistent with, and designed to implement, the State and 
local improvement plans, if any, approved under Title III of the Goals 
2000: Educate America Act.
    (3) Instruction by highly qualified professional staff.
    (4)(i) Professional development, in accordance with section 1119 of 
the Act, for teachers and aides and, where appropriate, principals, 
pupil services personnel, other school staff, and parents to enable all 
children in the school to meet the State's student performance 
standards.
    (ii) The school shall devote sufficient resources to effectively 
carry out its responsibilities for professional development, either 
alone or in consortia with other schools.
    (5) Strategies to increase parental involvement, such as family 
literacy services.
    (6) Strategies in an elementary school for assisting preschool 
children in the transition from early childhood programs, such as Head 
Start, Even Start, or a State-run preschool program, to the schoolwide 
program.
    (7) Strategies to involve teachers in the decisions regarding the 
use of additional local, high-quality student assessments, if any, 
under section 1112(b)(1) of the Act to provide information on, and to 
improve, the performance of individual students and the overall 
instructional program.
    (8) (i) Activities to ensure that students who experience 
difficulty mastering any of the standards required by section 1111(b) 
of the Act during the school year will be provided effective, timely 
additional assistance, which must include--
    (A) Strategies to ensure that students' difficulties are identified 
on a timely basis and to provide sufficient information on which to 
base effective assistance;
    (B) To the extent the school determines feasible using funds under 
this subpart, periodic training for teachers in how to identify those 
difficulties and to provide assistance to individual students; and
    (C) For any student who has not met those standards, parent-teacher 
conferences to discuss--
    (1) What the school will do to help the student meet the standards;
    (2) What the parents can do to help the student improve the 
student's performance; and
    (3) Additional assistance that may be available to the student at 
the school or elsewhere in the community.
    (ii) This provision does not--
    (A) Require the school or LEA to develop an individualized 
education program (IEP) for each student identified under paragraph 
(d)(8) of this section; or
    (B) Relieve the school or LEA from the requirement under the IDEA 
to develop IEPs for students with disabilities.
    (e) Schoolwide program plan. (1) An eligible school that desires to 
operate a schoolwide program shall develop, in consultation with the LEA and its school support team or other 
technical assistance provider, a comprehensive plan for reforming the 
total instructional program in the school that--
    (i) Incorporates the components under paragraph (d) of this 
section;
    (ii) Describes how the school will use resources under this subpart 
and from other sources to implement those components;
    (iii) Includes a list of State and local programs and other Federal 
programs under paragraph (c) of this section that will be included in 
the schoolwide program; and
    (iv) (A) If the State has developed or adopted a State assessment 
system under section 1111(b)(3) of the Act--
    (1) Describes how the school will provide individual student 
assessment results, including an interpretation of those results, to 
the parents of each child who participates in that assessment; and
    (2) Provides for the disaggregation of data on the assessment 
results of students and the reporting of those data in accordance with 
Sec. 200.5(a); or
    (B) If the State has not developed or adopted a State assessment 
system under section 1111(b)(3) of the Act, describes the data on the 
achievement of students in the school and effective instructional and 
school improvement practices on which the plan is based.
    (2) The schoolwide program plan must be--
    (i) Developed during a one-year period unless--
    (A) The LEA, after considering the recommendation of its technical 
assistance providers, determines that less time is needed to develop 
and implement the schoolwide program; or
    (B) The school is operating a schoolwide program under section 1015 
of Chapter 1 of Title I of the Act during the 1994-1995 school year, in 
which case the school may continue its schoolwide program but shall 
amend its current plan or develop a new plan in accordance with this 
section during the first year it receives funds under this part;
    (ii) Developed with the involvement of the community to be served 
and individuals who will carry out the plan, including--
    (A) Teachers;
    (B) Principals;
    (C) Other school staff;
    (D) Pupil services personnel, if appropriate;
    (E) Parents of students in the school; and
    (F) If the plan relates to a secondary school, students from the 
school;
    (iii) Available to the LEA, parents, and the public;
    (iv) Translated, to the extent feasible, into any language that a 
significant percentage of the parents of participating children in the 
school speak as their primary language; and
    (v) If appropriate, developed in coordination with other programs, 
including those under the School-to-Work Opportunities Act of 1994, the 
Carl D. Perkins Vocational and Applied Technology Education Act, and 
the National and Community Service Act of 1990.
    (3) The schoolwide program plan remains in effect for the duration 
of the school's participation under this section.
    (4) A school operating a schoolwide program shall review and revise 
its plan, as necessary, to reflect changes in its schoolwide program or 
changes to reflect State standards established after the plan was 
developed.
    (f) Effect of operating a schoolwide program. (1) No school 
operating a schoolwide program shall be required to--
    (i) Identify particular children under this subpart and under any 
other Federal program included under paragraph (c) of this section as 
eligible to participate in the schoolwide program;
    (ii) Document that funds available under this subpart and any other 
Federal program included under paragraph (c) of this section are used 
to benefit only the intended beneficiaries of the respective programs; 
or
    (iii) Demonstrate that the particular services paid for with funds 
under this subpart and under any other Federal program included under 
paragraph (c) of this section supplement the services regularly 
provided in that school.
    (2) A school operating a schoolwide program shall use funds 
available under this subpart and under any other Federal program 
included under paragraph (c) of this section only to supplement the 
total amount of funds that would, in the absence of those funds, be 
made available from non-Federal sources for that school, including 
funds needed to provide services that are required by law for children 
with disabilities and children with limited-English proficiency.

(Authority: 20 U.S.C. 6314, 6396(b))


Sec. 200.9  [Reserved]

Participation of Eligible Children in Private Schools


Sec. 200.10  Responsibilities for providing services to children in 
private schools.

    (a) An LEA shall, after timely and meaningful consultation with 
appropriate private school officials, provide special educational 
services or other benefits under this subpart, on an equitable basis, 
to eligible children who are enrolled in private elementary and 
secondary schools in accordance with the requirements in Secs. 200.11 
through 200.17 and section 1120 of the Act.
    (b) (1) Eligible private school children are children who--
    (i) Reside in a participating school attendance area of the LEA; 
and
    (ii) Meet the criteria in section 1115(b) of the Act.
    (2) If an LEA identifies a public school as eligible on the basis 
of enrollment, rather than because it serves an eligible school 
attendance area, the LEA shall, in consultation with private school 
officials, determine an equitable way to identify eligible private 
school children.
    (3) Among the eligible private school children, the LEA shall 
select children to participate in a manner that is consistent with the 
provisions in Sec. 200.11.

(Authority: 20 U.S.C. 6315(b); 6321(a))


Sec. 200.11  Factors for determining equitable participation of 
children in private schools.

    (a) Equal expenditures. (1) Expenditures of funds made available 
under this subpart for services for eligible private school children in 
the aggregate must be equal to the amount of funds generated by private 
school children from low-income families under Sec. 200.28.
    (2) An LEA shall meet this requirement as follows:
    (i) Before determining equal expenditures under paragraph (a)(1) of 
this section, the LEA shall reserve, from the LEA's whole allocation, 
funds needed to carry out Sec. 200.27.
    (ii) The LEA shall reserve the amounts of funds generated by 
private school children under Sec. 200.28 and, in consultation with 
appropriate private school officials, may--
    (A) Combine those amounts to create a pool of funds from which the 
LEA provides equitable services to eligible private school children, in 
the aggregate, in greatest need of those services; or
    (B) Provide equitable services to eligible children in each private 
school with the funds generated by children from low-income families 
under Sec. 200.28 who attend that private school.
    (b) Services on an equitable basis. (1) The services that an LEA 
provides to eligible private school children must be equitable in 
comparison to the services and other benefits provided to public school 
children participating under this subpart.
    (2) Services are equitable if the LEA-- (i) Addresses and assesses the specific needs and educational 
progress of eligible private school children on a comparable basis as 
public school children;
    (ii) Meets the equal expenditure requirements under paragraph (a) 
of this section; and
    (iii) Provides private school children with an opportunity to 
participate that--(A) Is equitable to the opportunity provided to 
public school children; and
    (B) Provides reasonable promise of those children achieving the 
high levels called for by the State's student performance standards.
    (3) The LEA shall make the final decisions with respect to the 
services to be provided to eligible private school children.

(Authority: 20 U.S.C. 6321(a))


Sec. 200.12  Requirements to ensure that funds do not benefit a private 
school.

    (a) An LEA shall use funds under this subpart to provide services 
that supplement, and in no case supplant, the level of services that 
would, in the absence of Title I services, be available to 
participating children in private schools.
    (b) An LEA shall use funds under this subpart to meet the special 
educational needs of participating private school children, but not 
for--
    (1) The needs of the private school; or
    (2) The general needs of children in the private school.

(Authority: 20 U.S.C. 6321(a), 6322(b))


Sec. 200.13  Requirements concerning property, equipment, and supplies 
for the benefit of private school children.

    (a) A public agency must keep title to and exercise continuing 
administrative control of all property, equipment, and supplies that 
the public agency acquires with funds under this subpart for the 
benefit of eligible private school children.
    (b) The public agency may place equipment and supplies in a private 
school for the period of time needed for the program.
    (c) The public agency shall ensure that the equipment and supplies 
placed in a private school--
    (1) Are used only for Title I purposes; and
    (2) Can be removed from the private school without remodeling the 
private school facility.
    (d) The public agency shall remove equipment and supplies from a 
private school if--
    (1) The equipment and supplies are no longer needed for Title I 
purposes; or
    (2) Removal is necessary to avoid unauthorized use of the equipment 
or supplies for other than Title I purposes.
    (e) No funds under this subpart may be used for repairs, minor 
remodeling, or construction of private school facilities.
    (f) For the purpose of this section, the term public agency 
includes the LEA.

(Authority: 20 U.S.C. 6321(c))


Sec. 200.14  [Reserved]

Capital Expenses


Sec. 200.15  Payments to SEAs for capital expenses.

    (a) From the amount appropriated for capital expenses under section 
1002(e) of the Act, the Secretary pays a State an amount that bears the 
same ratio to the amount appropriated as the number of private school 
children in the State who received services under this subpart in the 
most recent year for which data satisfactory to the Secretary are 
available bears to the total number of private school children served 
in that same year in all the States.
    (b) The Secretary reallocates funds not used by a State for 
purposes of Sec. 200.16 among other States on the basis of their 
respective needs.

(Authority: 20 U.S.C. 6321(e)(1))


Sec. 200.16  Payments to LEAs for capital expenses.

    (a)(1)(i) An LEA may apply to the SEA for a payment to cover 
capital expenses that the LEA, in providing equitable services to 
eligible private school children--
    (A) Is currently incurring; or
    (B) Would incur because of an expected increase in the number of 
private school children to be served.
    (ii) An LEA may apply for a payment to cover capital expenses it 
incurred in prior years for which it has not been reimbursed if the LEA 
demonstrates that its current needs for capital expenses have been met.
    (2) Capital expenses means only expenditures for noninstructional 
goods and services that are incurred as a result of implementation of 
alternative delivery systems to comply with the requirements of Aguilar 
v. Felton. These expenditures--
    (i) Include--
    (A) The purchase, lease, and renovation of real and personal 
property (including mobile educational units, and leasing of neutral 
sites or space);
    (B) Insurance and maintenance costs;
    (C) Transportation; and
    (D) Other comparable goods and services, including noninstructional 
computer technicians; and
    (ii) Do not include the purchase of instructional equipment such as 
computers.
    (b) An SEA shall distribute funds it receives under Sec. 200.15 to 
LEAs that apply on the basis of need.

(Authority: 20 U.S.C. 6321(e))


Sec. 200.17  Use of LEA payments for capital expenses.

    (a) Unless an LEA is authorized by the SEA to reimburse itself for 
capital expenses incurred in prior years, the LEA shall use payments 
received under Sec. 200.16 to cover capital expenses the LEA is 
incurring or will incur to maintain or increase the number of private 
school children being served.
    (b) The LEA may not take the payments received under Sec. 200.16 
into account in meeting the requirements in Sec. 200.11(a).
    (c) The LEA shall account separately for payments received under 
Sec. 200.16.

(Authority: 20 U.S.C. 6321(e)(3))


Sec. 200.18-200.19  [Reserved]

Procedures for the Within-State Allocation of LEA Program Funds


Sec. 200.20  Allocation of funds to LEAs.

    (a) Subcounty allocations. (1) Except as provided in paragraph (b) 
of this section, Sec. 200.23(c)(1) and (3)(ii), and Sec. 200.25, an SEA 
shall allocate the county amounts determined by the Secretary for basic 
grants, concentration grants, and targeted grants to each eligible LEA 
within the county on the basis of the number of children counted in 
Sec. 200.21.
    (2) If an LEA overlaps a county boundary, the SEA shall make, on a 
proportionate basis, a separate allocation to the LEA from the county 
aggregate amount for each county in which the LEA is located, provided 
the LEA is eligible for a grant.
    (b) Statewide allocations. (1) In any State in which a large number 
of LEAs overlap county boundaries, an SEA may apply to the Secretary 
for authority to make allocations under basic grants or targeted grants 
directly to LEAs without regard to counties.
    (2) In its application, the SEA shall--
    (i) Identify the data in Sec. 200.21(b) the SEA will use for LEA 
allocations; and
    (ii) Provide assurances that--
    (A) Allocations will be based on the data approved by the Secretary 
under this paragraph; and
    (B) A procedure has been established through which an LEA 
dissatisfied with the determination by the SEA may appeal directly to 
the Secretary for a final determination.
    (c) LEAs containing two or more counties in their entirety. If an 
LEA contains two or more counties in their entirety, the SEA shall 
allocate funds under paragraphs (a) and (b) of this section to each county as if such 
county were a separate LEA.

(Authority: 20 U.S.C. 6333-6335)


Sec. 200.21  Determination of the number of children eligible to be 
counted.

    (a) General. An SEA shall count the number of children aged 5-17, 
inclusive, from low-income families and the number of children residing 
in local institutions for neglected children.
    (b) Children from low-income families. (1) An SEA shall count the 
number of children from low-income families in the school districts of 
the LEAs using the best available data. The SEA shall use the same 
measure of low-income throughout the State.
    (2) An SEA may use one of the following options to obtain its count 
of children from low-income families:
    (i) The factors under section 1124(c)(1) of the Act (excluding 
children in local institutions for neglected or delinquent children), 
which include--
    (A) Census data on children in families below the poverty level;
    (B) Data on children in families above poverty receiving payments 
under the program of Aid to Families with Dependent Children (AFDC); 
and
    (C) Data on foster children.
    (ii) Alternative data that an SEA determines best reflect the 
distribution of children from low-income families and that are adjusted 
to be equivalent in proportion to the total number of children counted 
under section 1124(c) of the Act (excluding children in local 
institutions for neglected or delinquent children).
    (iii) Data that more accurately reflect the distribution of 
poverty.
    (c) Children in local institutions for neglected children.
    The SEA shall count the number of children ages 5 to 17, inclusive, 
in the LEA who resided in a local institution for neglected children--
and were not counted under subpart 1 of Part D of Title I (programs for 
neglected or delinquent children operated by State agencies)--for at 
least 30 cons  

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