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(b) Eligibility for a schoolwide program. the needs of the intended beneficiaries A school may operate a schoolwide pro of that program are addressed. gram if

(ii)(A) An LEA or a school that (1) The LEA determines that the chooses to use funds from other proschool serves a participating attend grams shall not be relieved of statuance area or is a participating school tory and regulatory requirements apunder section 1113 of the Act; and plicable to those programs relating

(2)(i) For the initial year of the toschoolwide program, the school meets (1) Health and safety; either of the following criteria:

(2) Civil rights; (A) For the 1995–1996 school year

(3) Gender equity; (1) The school serves a school attend

(4) Participation and involvement of ance area in which not less than 60 per parents and students; cent of the children are from low-in

(5) Private school children, teachers, come families; or

and other educational personnel; (2) Not less than 60 percent of the

(6) Maintenance of effort; children enrolled in the school are

(7) Comparability of services; from low-income families.

(8) Use of Federal funds to supple

ment, not supplant non-Federal funds (B) For the 1996–1997 school year and

in accordance with paragraph (f)(1) (iii) subsequent years, the percentages of

and (2) of this section; and children from low-income families in

(9) Distribution of funds to SEAs and paragraph (b)(2)(1)(A) may not be less

LEAs. than 50 percent.

(B) A school operating a schoolwide (ii) The LEA may choose to determine the percentage of children from lowing requirements if it combines

program shall comply with the follow-income families under paragraph

funds from these programs in its (b)(2)(i) based on a measure of poverty

schoolwide program: that is different from the poverty

(1) Migrant education. A school that measure or measures used by the LEA

combines in its schoolwide program to identify and rank school attendance

funds received under part C of title I of areas for eligibility and participation

the Act shallunder this subpart.

(i) In consultation with parents of (c) Availability of other Federal funds.

migratory children or organizations (1) In addition to funds under this sub

representing those parents, or both, part, a school may use in its

first address the identified needs of mischoolwide program Federal funds

gratory children that result from the under any program administered by

effects of their migratory lifestyle or the Secretary that is included in the

are needed to permit migratory chilmost recent notice published by the

dren to participate effectively in Secretary in the FEDERAL REGISTER or

school, and is addressed in paragraph (c)(3)(ii)(B)(3)

(ii) Document that services to adof this section.

dress those needs have been provided. (2) For the purposes of this section,

(2) Indian education. A school may the authority to combine funds from

combine funds received under subpart 1 other Federal programs also applies to of part A of title IX of the Act in its services provided to a school with schoolwide program if the parent comthose funds.

mittee established by the LEA under (3)(1) Except as provided in paragraph section 9114(c)(4) of the Act approves (c)(3)(ii) of this section, a school that

the inclusion of those funds. combines funds from any other Federal (iii) This paragraph does not relieveprogram administered by the Secretary

(A) An LEA from complying with all in a schoolwide program

requirements that do not affect the op(A) Is not required to meet the statu eration of a schoolwide program; or tory or regulatory requirements of (B) A non-schoolwide program school that program applicable at the school from complying with all applicable relevel; but

quirements. (B) Shall meet the intent and pur (3) Special Education. (i) A school may poses of that program to ensure that combine funds received under Part B of

the Individuals with Disabilities Edu- extended school year and before- and cation Act (IDEA) in a schoolwide pro- after-school and summer programs; gram, except that the amount so used (B) Provide an enriched and accelerin any schoolwide program may not ex ated curriculum; and ceed the amount received by the LEA

(C) Meet the educational needs of hisunder Part B of IDEA for that fiscal torically underserved populations; year; divided by the number of children

(iv)(A) Address the needs of all chilwith disabilities in the jurisdiction of dren in the school, particularly the the LEA; and multiplied by the number

needs of children who are members of of children with disabilities partici

the target population of any program pating in the schoolwide program. that is included in the schoolwide pro(ii) A school may also combine funds

gram under paragraph (c) of this secreceived under section 8003(d) of the tion; and Act (Impact Aid funds for children with

(B) Address how the school will dedisabilities) in a schoolwide program. termine if those needs have been met;

(iii) A school that combines funds and under Part B of IDEA or section 8003(d)

(v) Are consistent with, and designed of the Act in its schoolwide program

to implement, the State and local immay use those funds for any activities

provement plans, if any, approved under its schoolwide program plan but under title III of the Goals 2000: Edushall comply with all other require

cate America Act. ments of Part B of IDEA, to the same

(3) Instruction by highly qualified extent it would if it did not combine

professional staff. funds under Part B of IDEA or section

(4)(i) Professional development, in 8003(d) of the Act in schoolwide pro

accordance with section 1119 of the gram.

Act, for teachers and aides and, where (d) Components of a schoolwide pro

appropriate, principals, pupil services gram. A schoolwide program must in

personnel, other school staff, and parclude the following components:

ents to enable all children in the school (1) A comprehensive needs assess to meet the State's student performment involving the parties listed in

ance standards. paragraph (e)(2)(ii) of this section of

(ii) The school shall devote sufficient the entire school that is based on

resources to effectively carry out its (i) Information on the performance of

responsibilities for professional develchildren in relation to the State con

opment, either alone or in consortia tent standards and the State student

with other schools. performance standards under section

(5) Strategies to increase parental in1111(b)(1) of the Act; or

volvement, such as family literacy (ii) Until the State develops or services. adopts standards under section

(6) Strategies in an elementary 1111(b)(1) of the Act, an analysis of

school for assisting preschool children available data on the achievement of

in the transition from early childhood students in the school.

programs, such as Head Start, Even (2) Schoolwide reform strategies Start, or a State-run preschool prothat

gram, to the schoolwide program. (i) Provide opportunities, based on

(7) Strategies to involve teachers in best knowledge and practice, for all the decisions regarding the use of addichildren in the school to meet the

tional local, high-quality student asState's proficient and advanced levels

sessments, if any, under section of student performance;

1112(b)(1) of the Act to provide informa(ii) Are based on effective means of tion on, and to improve, the performimproving the achievement of children,

ance of individual students and the such as utilizing research-based teach overall instructional program. ing strategies;

(8)(i) Activities to ensure that stu(iii) Use effective instructional strat dents who experience difficulty masegies that,

tering any of the standards required by (A) Increase the amount and quality section 1111(b) of the Act during the of learning time, such as providing an school year will be provided effective,

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timely additional assistance, which those results, to the parents of each must include

child who participates in that assess(A) Strategies to ensure that stu ment; and dents' difficulties are identified on a (2) Provides for the disaggregation of timely basis and to provide sufficient

data on the assessment results of stuinformation on which to base effective dents and the reporting of those data assistance;

in accordance with $ 200.5(a); or (B) To the extent the school deter

(B) If the State has not developed or mines feasible using funds under this

adopted a State assessment system subpart, periodic training for teachers

under section 1111(b)(3) of the Act, dein how to identify those difficulties and

scribes the data on the achievement of to provide assistance to individual stu

students in the school and effective indents; and

structional and school improvement (C) For any student who has not met

practices on which the plan is based. those standards, parent-teacher conferences to discuss

(2) The schoolwide program plan (1) What the school will do to help

must be the student meet the standards;

(i) Developed during a one-year pe(2) What the parents can do to help

riod unlessthe student improve the student's per

(A) The LEA, after considering the formance; and

recommendation of its technical assist(3) Additional assistance that may be

ance providers, determines that less available to the student at the school

time is needed to develop and impleor elsewhere in the community.

ment the schoolwide program; or (ii) This provision does not

(B) The school is operating a (A) Require the school or LEA to de schoolwide program under section 1015 velop an individualized education pro of chapter 1 of title I of the Act during gram (IEP) for each student identified the 1994–1995 school year, in which case under paragraph (d)(8) of this section; the school may continue its schoolwide

program but shall amend its current (B) Relieve the school or LEA from plan or develop a new plan in accordthe requirement under the IDEA to de ance with this section during the first velop IEPs for students with disabil year it receives funds under this part; ities.

(ii) Developed with the involvement (e) Schoolwide program plan. (1) An el of the community to be served and inigible school that desires to operate a dividuals who will carry out the plan, schoolwide program shall develop, in including, consultation with the LEA and its (A) Teachers; school support team or other technical

(B) Principals; assistance provider, a comprehensive

(C) Other school staff; plan for reforming the total instruc

(D) Pupil services personnel, if approtional program in the school that,

priate; (i) Incorporates the components under paragraph (d) of this section;

(E) Parents of students in the school;

and (ii) Describes how the school will use resources under this subpart and from

(F) If the plan relates to a secondary other sources to implement those com

school, students from the school; ponents;

(iii) Available to the LEA, parents, (iii) Includes a list of State and local

and the public; programs and other Federal programs (iv) Translated, to the extent feaunder paragraph (c) of this section that sible, into any language that a signifiwill be included in the schoolwide pro cant percentage of the parents of pargram; and

ticipating children in the school speak (iv)(A) If the State has developed or as their primary language; and adopted a State assessment system (v) If appropriate, developed in counder section 1111(b)(3) of the Act, ordination with other programs, in

(1) Describes how the school will pro cluding those under the School-tovide individual student assessment re Work Opportunities Act of 1994, the sults, including an interpretation of Carl D. Perkins Vocational and Applied


Technology Education Act, and the Na $ 200.9 [Reserved]
tional and Community Service Act of

PARTICIPATION OF ELIGIBLE CHILDREN IN (3) The schoolwide program plan re

PRIVATE SCHOOLS mains in effect for the duration of the

$ 200.10 Responsibilities for providing school's participation under this sec

services to children in private tion.

schools. (4) A school operating a schoolwide

(a) An LEA shall, after timely and program shall review and revise its

meaningful consultation with approplan, as necessary, to reflect changes priate private school officials, provide in its schoolwide program or changes special educational services or other to reflect State standards established benefits under this subpart, on an equiafter the plan was developed.

table basis, to eligible children who are (f) Effect of operating a schoolwide pro enrolled in private elementary and secgram. (1) No school operating a ondary schools in accordance with the schoolwide program shall be required requirements in $$ 200.11 through 200.17 to

and section 1120 of the Act. (i) Identify particular children under (b)(1) Eligible private school children this subpart and under any other Fed are children whoeral program included under paragraph (1) Reside in a participating school (c) of this section as eligible to partici

attendance area of the LEA; and pate in the schoolwide program;

(ii) Meet the criteria in section (ii) Document that funds available

1115(b) of the Act. under this subpart and any other Fed

(2) If an LEA identifies a public eral program included under paragraph

school as eligible on the basis of enroll(c) of this section are used to benefit

ment, rather than because it serves an only the intended beneficiaries of the

eligible school attendance area, the

LEA shall, in consultation with private respective programs; or

school officials, determine an equitable (iii) Demonstrate that the particular

way to identify eligible private school services paid for with funds under this

children. subpart and under any other Federal

(3) Among the eligible private school program included under paragraph (c) children, the LEA shall select children of this section supplement the services to participate in a manner that is conregularly provided in that school. sistent with the provisions in $200.11. (2) A school operating a schoolwide

(Authority: 20 U.S.C. 6315(b); 6321(a)) program shall use funds available under this subpart and under any other $ 200.11 Factors for determining equiFederal program included under para table participation of children in graph (c) of this section only to supple private schools. ment the total amount of funds that (a) Equal expenditures. (1) Expendiwould, in the absence of those funds, be tures of funds made available under made available from non-Federal this subpart for services for eligible sources for that school, including funds private school children in the aggreneeded to provide services that are re gate must be equal to the amount of quired by law for children with disabil funds generated by private school chilities and children with limited-English dren from low-income families under proficiency.


(2) An LEA shall meet this require(Authority: 20 U.S.C. 6314, 1413(a)(2)(D),

ment as follows: 6396(b)(3), 7703(d), 7815(c))

(i) Before determining equal expendi[60 FR 34802, July 3, 1995, as amended at 63 tures under paragraph (a)(1) of this secFR 54997, Oct. 13, 1998]

tion, the LEA shall reserve, from the

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LEA's whole allocation, funds needed (b) An LEA shall use funds under this to carry out $200.27.

subpart to meet the special educational (ii) The LEA shall reserve the needs of participating private school amounts of funds generated by private children, but not forschool children under $200.28 and, in (1) The needs of the private school; or consultation with appropriate private (2) The general needs of children in school officials, may

the private school. (A) Combine those amounts to create

(Authority: 20 U.S.C. 6321(a), 6322(b)) a pool of funds from which the LEA provides equitable services to eligible $ 200.13 Requirements concerning private school children, in the aggre property, equipment, and supplies gate, in greatest need of those services; for the benefit of private school

children. (B) Provide equitable services to eli

(a) A public agency must keep title gible children in each private school

to and exercise continuing administrawith the funds generated by children tive control of all property, equipment, from low-income families under $200.28

and supplies that the public agency acwho attend that private school.

quires with funds under this subpart (b) Services on an equitable basis. (1)

for the benefit of eligible private The services that an LEA provides to

school children. eligible private school children must be

(b) The public agency may place equitable in comparison to the services

equipment and supplies in a private and other benefits provided to public school for the period of time needed for school children participating under the program. this subpart.

(c) The public agency shall ensure (2) Services are equitable if the

that the equipment and supplies placed LEA

in a private school(i) Addresses and assesses the specific (1) Are used only for title I purposes; needs and educational progress of eligi

and ble private school children on a com (2) Can be removed from the private parable basis as public school children;

school without remodeling the private (ii) Meets the equal expenditure re

school facility. quirements under paragraph (a) of this (d) The public agency shall remove section; and

equipment and supplies from a private (iii) Provides private school children

school ifwith an opportunity to participate (1) The equipment and supplies are no that

longer needed for title I purposes; or (A) Is equitable to the opportunity

(2) Removal is necessary to avoid unprovided to public school children; and authorized use of the equipment or sup(B) Provides reasonable promise of

plies for other than title I purposes. those children achieving the high lev

(e) No funds under this subpart may els called for by the State's student

be used for repairs, minor remodeling, performance standards.

or construction of private school facili(3) The LEA shall make the final de

ties. cisions with respect to the services to

(f) For the purpose of this section, be provided to eligible private school

the term public agency includes the children.

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

(Authority: 20 U.S.C. 6321(c))
$ 200.12 Requirements to ensure that

$ 200.14 [Reserved)
funds do not benefit a private

(a) An LEA shall use funds under this
subpart to provide services that supple $ 200.15 Payments to SEAs for capital
ment, and in no case supplant, the

expenses. level of services that would, in the ab (a) From the amount appropriated sence of title I services, be available to for capital expenses under section participating children in private 1002(e) of the Act, the Secretary pays a schools.

State an amount that bears the same

1 ! 1

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