reduce

the

(C) Proportionately amount available for concentration grants for eligible counties or LEAs to provide the reserved amount, except that for school year 1996-97 an SEA may not reduce an LEA's allocation below the hold-harmless amount determined under § 200.25(a);

(D) Rank order the LEAS eligible for concentration grant funds that are located in ineligible counties according to the number or percentage of children counted under § 200.21;

(E) Select in rank order, those LEAS that the SEA plans to provide concentration grant funds; and

(F) Distribute the reserved funds among the selected LEAS based on the number of children counted under § 200.21.

(2) Eligible counties with no eligible LEAS. In a county in which no LEA meets the eligibility criteria in paragraph (a) of this section, an SEA shall

(i) Identify those LEAs in which either the number or percentage of children counted under §200.21 exceeds the average number or percentage of those children in the county; and

(ii) Allocate concentration grant funds for the county among the LEAS identified in paragraph (c)(2)(i) of this section based on the number of children counted under § 200.21 in each LEA compared to the number of those children in all those LEAS.

(3) States receiving minimum allocations. In a State that receives a minimum concentration grant under section 1124A(d) of the Act, the SEA shall

(i) Allocate concentration grant funds among LEAS in the State under

paragraphs (a), (b), and (c)(1) and (2) of this section; or

(ii) Without regard to the counties in which the LEAS are located

(A) Identify those LEAS in which either the number or percentage of children counted under $200.21 exceeds the average number or percentage of those children in the State; and

(B) Allocate concentration grant funds among the LEAS identified in paragraph (c)(3)(ii)(A) of this section based on the number of children counted under § 200.21 in each LEA. (Authority: 20 U.S.C. 6334)

§ 200.24 Allocation of targeted grants. (a) Eligibility. An LEA is eligible for a targeted grant if—

(1) There are at least 10 children counted under §200.21 in the LEA; and

(2) The number of those children is at least five percent of the LEA's total population ages 5 to 17 years, inclusive.

(b) Weighted child count. In determining an LEA's grant, the SEA shall compute a weighted child count in accordance with section 1125(c) of the Act by taking the larger of

(1) Percent-weighted child count. The number of children counted under § 200.21 multiplied by the weights shown in the following table, with the weights applied in a step-wise manner so that only those children above each weighting threshold receive the higher weight:

LEA percentage of children counted under §200.21 as a percent of total children ages 5 through 17

0 to 14.265%

More than 14.265% up to 21.553% More than 21.553% up to 29.223% More than 29.223% up to 36.538% More than 36.538%

or;

Weights

1.00

1.75

2.50

3.25

4.00

(2) The hold-harmless protection limits the maximum reduction in an LEA's allocation when compared to the LEA's allocation for the preceding year.

(3) The hold-harmless shall be applied separately for basic grants, concentration grants, and targeted grants, and shall be applied for each grant formula only in those years authorized under section 1122(c) of the Act, as shown in the table contained in paragraph (a)(4) of this section.

(4) Under section 1122(c) of the Act, the hold-harmless percentage varies based on the year and, for school years 1997-98 and beyond, based on the LEA's number of children counted under § 200.21 as a percentage of the total number of children ages 5-17, inclusive, in the LEA, as shown in the following table:

Applicable grant formulas

School year

(5) For school year 1995-96, the SEA shall compute each LEA's hold-harmless amount without regard to the amount the LEA received for delinquent children counted under section 1005 of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 as in effect on September 30, 1994.

(b) Adjustment for insufficient funds(1) School year 1995-96. If the Secretary's allocation for a county is not sufficient to give an LEA 85 percent of the amount it received for school year 1994-95, without regard to the amount the LEA received for delinquent children, the SEA may use funds received under part D, subpart 2 (local agency programs) of the Act to bring such LEA up to its hold-harmless amount.

(2) School years 1997-98 and beyond. If the Secretary's allocation for a county is not sufficient to meet the LEA holdharmless requirements of paragraph (a) of this section, the SEA shall reallo

cate funds proportionately from all other LEAS in the State that are receiving funds in excess of the holdharmless amounts specified in paragraph (a) of this section.

(c) Eligibility for hold-harmless protection. An LEA must be eligible for basic grant, concentration grant, and targeted grant funds in order for the respective provisions in paragraphs (a) and (b) of this section to apply. (Authority: 20 U.S.C. 6332(c))

§ 200.26 [Reserved]

PROCEDURES FOR THE WITHIN-DISTRICT ALLOCATION OF LEA PROGRAM FUNDS

$ 200.27 Reservation of funds by an LEA.

Before allocating funds in accordance with $200.28, an LEA shall reserve funds as are reasonable and necessary to

(a) Provide services comparable to those provided to children in participating school attendance areas and schools to serve

(1) Children in local institutions for neglected children; and

(2) Where appropriate

(i) Eligible homeless children who do not attend participating schools, including providing educationally related support services to children in shelters; (ii) Children in local institutions for delinquent children; and

(iii) Neglected and delinquent children in community-day school programs;

(b) Meet the requirements for parental involvement in section 1118(a)(3) of the Act;

(c) Administer programs for public and private school children under this part, including special capital expenses not paid for from funds provided under §200.16 that are incurred as a result of implementing alternative delivery systems to comply with the requirements of Aguilar v. Felton; and

(d) Conduct other authorized activities such as professional development, school improvement, and coordinated services.

(Authority: 20 U.S.C. 6313(c)(3), 6317(c), 6319(a)(3), 6320)

§ 200.28 Allocation of funds to school attendance areas and schools.

(a)(1) An LEA shall allocate funds under this subpart to school attendance areas or schools, identified as eligible and selected to participate under section 1113(a) or (b) of the Act, in rank order on the basis of the total number of children from low-income families in each area or school.

(2)(i) In calculating the total number of children from low-income families, the LEA shall include children from low-income families who attend private schools, using—

(A) The same poverty data, if available, as the LEA uses to count public school children; or

(B) If the same data are not available, comparable data

(1) Collected through alternative means such as a survey; or

(2) From existing sources such as AFDC or tuition scholarship programs.

(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 children from low-income families who attend private schools.

(3) If an LEA ranks its school attendance areas or schools below 75 percent poverty by grade span groupings, the LEA may determine the percentage of children from low-income families in the LEA as a whole for each grade span grouping.

(b)(1) Except as provided in paragraphs (b)(2) and (d) of this section, an LEA shall allocate to each participating school attendance area or school an amount for each low-income child that is at least 125 percent of the per-pupil amount of funds the LEA received for that year under subpart 2 of part A of title I. The LEA shall calculate this per-pupil amount before the LEA reserves any funds under §200.27, using the poverty measure selected by the LEA under section 1113(a)(5) of the Act.

(2) If an LEA is serving only school attendance areas or schools in which the percentage of children from low-income families is 35 percent or more, the LEA is not required to allocate a per-pupil amount of at least 125 percent.

(c) An LEA is not required to allocate the same per-pupil amount to each participating school attendance area or school provided the LEA allocates higher per-pupil amounts to areas or schools with higher concentrations of poverty than to areas or schools with lower concentrations of poverty.

(d) An LEA may reduce the amount of funds allocated under this section to a school attendance area or school if the area or school is spending supplemental State or local funds for programs that meet the requirements in § 200.62(c).

(e) If an LEA contains two or more counties in their entirety, the LEA shall distribute to schools within each county a share of the LEA's total grant that is no less than the county's share

of the child count used to calculate the LEA's grant.

(Authority: 20 U.S.C. 6313(c), 6333(c)(2))

[60 FR 34802, July 3, 1995, as amended at 63 FR 54997, Oct. 13, 1998]

$ 200.29 [Reserved]

Subpart B-Even Start Family
Literacy Program

§200.30 Migrant Education Even Start Program definition.

Eligible participants under the Migrant Education Even Start Program (MEES) are those who meet the definitions of a migratory child, a migratory agricultural worker or a migratory fisher in §200.40.

(Authority: 20 U.S.C. 6362, 6511)

§§ 200.31-200.39 [Reserved]

Subpart C-Migrant Education
Program

§ 200.40 Program definitions.

The following definitions apply to programs and projects operated under this subpart:

(a) Agricultural activity means—

(1) Any activity directly related to the production or processing of crops, dairy products, poultry or livestock for initial commercial sale or personal subsistence;

(2) Any activity directly related to the cultivation or harvesting of trees;

or

(3) Any activity directly related to fish farms.

(b) Fishing activity means any activity directly related to the catching or processing of fish or shellfish for initial commercial sale or personal subsist

ence.

(c) Migratory agricultural worker means a person who, in the preceding 36 months, has moved from one school district to another, or from one administrative area to another within a State that is comprised of a single school district, in order to obtain temporary or seasonal employment in agricultural activities (including dairy work) as a principal means of livelihood.

(d) Migratory child means a child who is, or whose parent, spouse, or guardian is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who, in the preceding 36 months, in order to obtain, or accompany such parent, spouse, guardian in order to obtain, temporary or seasonal employment in agricultural or fishing work

(1) Has moved from one school district to another;

(2) In a State that is comprised of a single school district, has moved from one administrative area to another within such district; or

(3) Resides in a school district of more than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary residence to engage in a fishing activity.

(e) Migratory fisher means a person who, in the preceding 36 months, has moved from one school district to another, or from one administrative area to another within a State that is comprised of a single school district, in order to obtain temporary or seasonal employment in fishing activities as a principal means of livelihood. This definition also includes a person who, in the preceding 36 months, resided in a school district of more than 15,000 square miles, and moved a distance of 20 miles or more to a temporary residence to engage in a fishing activity as a principal means of livelihood.

(f) Principal means of livelihood means that temporary or seasonal agricultural or fishing activity plays an important part in providing a living for the worker and his or her family. (Authority: 20 U.S.C. 6391-6399, 6511)

§200.41 Use of program funds for unique program function costs.

An SEA may use the funds available from its State Migrant Education Program to carry out other administrative activities, beyond those allowable

under $200.61, that are unique to the MEP, including those that are the same or similar to those performed by LEAS in the State under subpart A. These activities include but are not limited to

(a) Statewide identification and recruitment of eligible migratory children;

(b) Interstate and intrastate coordination of the State MEP and its local projects with other relevant programs and local projects in the State and in other States;

(c) Procedures for providing for educational continuity for migratory children through the timely transfer of educational and health records, beyond that required generally by State and local agencies.

(d) Collecting and using information for accurate distribution of subgrant funds; and

(e) Development and implementation of a statewide plan for needs assessment and service delivery.

(f) Supervision of instructional and support staff.

(Authority: 20 U.S.C. 6392, 6511)

§ 200.42 Responsibilities of SEAS and operating agencies for assessing the effectiveness of the MEP.

(a) Each SEA and operating agency receiving funds under the MEP has the responsibility to determine the effectiveness of its program and projects in providing migratory students with the opportunity to meet the same challenging State content and performance standards, required under §200.2, that the State has established for all children.

(b) To determine the effectiveness of its program and projects, each SEA and operating agency receiving MEP funds shall, wherever feasible, use the same high-quality yearly student assessments or transitional assessments that the State establishes for use in meeting the requirements of § 200.4.

(c) In a project where it is not feasible to use the same student assessments that are being used to meet the requirements of §200.4 (e.g., in a summer-only project, or in a project where no migratory students are enrolled at the time the State-established assessment takes place), the SEA must ensure that the relevant operating agency carries out some other reasonable process or processes for examining the effectiveness of the project. (Authority: 20 U.S.C. 6394)

Ne

Subpart D-Prevention and Intervention Programs for Children and Youth Who Are glected, Delinquent, or AtRisk of Dropping Out

§200.50 Program definitions.

(a) The following definitions apply to the programs authorized in part D, subparts 1 and 2 of title I of the Act:

Children and Youth means the same as children as that term is defined in $ 200.65(a).

(b) The following definitions apply to the programs authorized in part D, subpart 1 of title I of the Act:

Institution for aelinquent children and youth means, as determined by the SEA, a public or private residential facility that is operated primarily for the care of children and youth who—

(1) Have been adjudicated to be delinquent or in need of supervision; and