[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR403.112]
[Page 42-44]
TITLE 34--EDUCATION
CHAPTER IV--OFFICE OF VOCATIONAL AND ADULT EDUCATION, DEPARTMENT OF
EDUCATION
PART 403--STATE VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION PROGRAM--Table of Contents
Subpart E--What Kinds of Activities Does the Secretary Assist Under the
Basic Programs?
Sec. 403.112 How does a State allocate funds under the Secondary School Vocational Education Program to local educational agencies?
(a) Reservation of funds. From the portion of its allotment under
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Sec. 403.180(b)(1) for the basic programs, each fiscal year a State may
reserve funds for the Secondary School Vocational Education Program.
(b) General rule. Except as provided in paragraphs (c) and (d) of
this section and Sec. 401.119, a State shall distribute funds reserved
for the Secondary School Vocational Education Program to local
educational agencies (LEAs) according to the following formula:
(1) From 70 percent of the amount reserved, an LEA must be allocated
an amount that bears the same relationship to the 70 percent as the
amount the LEA was allocated under section 1005 of chapter 1 (20 U.S.C.
2711) in the fiscal or program year preceding the fiscal or program year
in which the allocation is made bears to the total amount received under
section 1005 of chapter 1 by all LEAs in the State in that preceding
year.
(2) From 20 percent of the amount reserved, an LEA must be allocated
an amount that bears the same relationship to the 20 percent as the
number of students with disabilities who have individualized education
programs under section 614(a)(5) of the IDEA served by the LEA in the
fiscal or program year preceding the fiscal or program year in which the
allocation is made bears to the total number of those students served by
all LEAs in the State in that preceding year.
(3) From 10 percent of the amount reserved, an LEA must be allocated
an amount that bears the same relationship to the 10 percent as the
number of students enrolled in schools and adults enrolled in vocational
education training programs under the jurisdiction of the LEA in the
fiscal or program year preceding the fiscal or program year in which the
allocation is made bears to the number of students enrolled in schools
in kindergarten through 12th grade and adults enrolled in vocational
education training programs under the jurisdiction of all LEAs in the
State in that preceding year.
Example: Assume that a State has reserved $5,000,000 of its basic
programs funds under Title II of the Act for secondary school programs.
(a)(1) All LEAs in the State were allocated a total of $80,000,000
under section 1005 of Chapter 1 in the preceding fiscal year. Of that
amount, school district ``A'' was allocated $400,000.
(2) The allocation for school district ``A'' is calculated by
multiplying $3,500,000 (70 percent of $5,000,000) by .005 of the State
total ($400,000$80,000,000). The allocation for school district
``A'' would be $17,500 under paragraph (b)(1) of this section.
(b)(1) All LEAs in a State served a total of 100,000 students with
disabilities who have individualized education programs under section
614(a)(5) of the IDEA in the preceding fiscal year. Of that total,
school district ``A'' served 400 of those students in the preceding
fiscal year.
(2) The allocation for school district ``A'' is calculated by
multiplying $1,000,000 (20 percent of $5,000,000) by .004 of the State
total (400100,000). The allocation for school district ``A''
would be $4,000 under paragraph (b)(2) of this section.
(c)(1) All LEAs in a State enrolled a total of 1,000,000 students
(including adults enrolled in vocational education training programs in
those LEAs) in the preceding fiscal year. Of that number school district
``A'' enrolled 3,500 of those students in the preceding fiscal year.
(2) The allocation for school district ``A'' is calculated by
multiplying 500,000 (10 percent of $5,000,000) by .0035 of the State
total (3,5001,000,000). The allocation for school district ``A''
would be $1,750 under paragraph (b)(3) of this section.
(c) Exception to the general rule. In applying the provisions in
paragraph (b) of this section, a State may not distribute funds to an
LEA that operates only elementary schools, but shall instead distribute
funds that would have been allocated for those ineligible LEAs as
follows:
(1) If an LEA that operates only elementary schools sends its
graduating students to a single local or regional educational agency
that provides secondary school services to secondary school students in
the same attendance area, a State shall distribute to that local or
regional educational agency any amounts under paragraph (b) of this
section that would otherwise have been allocated to LEAs operating only
elementary schools.
(2) If an LEA that operates only elementary schools sends its
graduating students to two or more local or regional educational
agencies that provide secondary school services to secondary students in
the same attendance area, the State shall distribute to those local or
regional educational
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agencies an amount based on the proportionate number of students each
agency received in the previous year from the LEA that operates only
elementary schools.
(d)(1) Minimum grant amount. Except as provided in paragraph (d)(3)
of this section, an LEA is not eligible for a grant under the Secondary
School Vocational Education Program unless the amount allocated to the
LEA under paragraph (b) of this section is not less than $15,000.
(2)(i) An LEA may enter into a consortium with one or more LEAs for
the purpose of providing services under the Secondary School Vocational
Education Program in order to meet the minimum grant requirement in
paragraph (d)(1) of this section.
(ii) A consortium arrangement under paragraph (d)(2)(i) of this
section must serve primarily as a structure for operating joint projects
that provide services to all participating local educational agencies.
(iii) A project operated by a consortium must meet the size, scope,
and quality requirement of Sec. 403.111(c)(1).
Example: Under the distribution formula for the Secondary School
Vocational Education Program, three LEAs earn $5,000 each (which is less
than the $15,000 minimum grant amount for each LEA). The LEAs form a
consortium in order to receive an award. One of the LEAs is designated
as the fiscal agent for the consortium and receives the $15,000 award
for the consortium. The consortium may operate and fund with the $15,000
a project or projects for the benefit of all participating LEAs. The
fiscal agent of the consortium may not subgrant back to the
participating LEAs the amounts they contributed to the consortium.
(3) A State may waive paragraph (d)(1) of this section in any case
in which the LEA--
(i) Is located in a rural, sparsely populated area;
(ii) Demonstrates that it is unable to enter into a consortium for
purposes of providing services under the Secondary School Vocational
Education Program; and
(iii) Demonstrates that the projects to be assisted meet the size,
scope, and quality requirements in Sec. 403.111(c)(1).
(4) Any amounts that are not distributed by reason of paragraph
(d)(1) of this section must be redistributed in accordance with the
provisions in paragraph (b) of this section.
Cross-Reference: See 34 CFR 403.113(d).
(Authority: 20 U.S.C. 2341 (a), (b), and (c))