[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR200.48]

[Page 448-449]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 200--TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED--
Table of Contents
 
   Subpart A--Improving Basic Programs Operated by Local Educational 
                                Agencies
 
Sec. 200.48  Funding for choice-related transportation and supplemental 
educational services.

    (a) Amounts required. (1) To pay for choice-related transportation 
and supplemental educational services required under section 1116 of the 
ESEA, an LEA may use--

[[Page 449]]

    (i) Funds allocated under subpart A of this part;
    (ii) Funds, where allowable, from other Federal education programs; 
and
    (iii) State, local, or private resources.
    (2) Unless a lesser amount is needed, the LEA must spend an amount 
equal to 20 percent of its allocation under subpart A of this part to--
    (i) Provide, or pay for, transportation of students exercising a 
choice option under Sec. 200.44;
    (ii) Satisfy all requests for supplemental educational services 
under Sec. 200.45; or
    (iii) Pay for both paragraph (a)(2)(i) and (ii) of this section, 
except that--
    (A) The LEA must spend a minimum of an amount equal to 5 percent of 
its allocation under subpart A of this part on transportation under 
paragraph (a)(2)(i) of this section and an amount equal to 5 percent of 
its allocation under subpart A of this part for supplemental educational 
services under paragraph (a)(2)(ii) of this section, unless lesser 
amounts are needed to meet the requirements of Secs. 200.44 and 200.45; 
and
    (B) The LEA may not include costs for administration or 
transportation incurred in providing supplemental educational services, 
or administrative costs associated with the provision of public school 
choice options under Sec. 200.44, in the amounts required under 
paragraph (a)(2) of this section.
    (3) If the amount specified in paragraph (a)(2) of this section is 
insufficient to pay all choice-related transportation costs, or to meet 
the demand for supplemental educational services, the LEA may make 
available any additional needed funds from Federal, State, or local 
sources.
    (4) To assist an LEA that does not have sufficient funds to make 
available supplemental educational services to all students requesting 
these services, an SEA may use funds that it reserves under part A of 
Title I and part A of Title V of the ESEA.
    (b) Cap on school-level reduction. (1) An LEA may not, in applying 
paragraph (a) of this section, reduce by more than 15 percent the total 
amount it makes available under subpart A of this part to a school it 
has identified for corrective action or restructuring.
    (2) [Reserved]
    (c) Per-child funding for supplemental educational services. For 
each student receiving supplemental educational services under 
Sec. 200.45, the LEA must make available the lesser of--
    (1) The amount of its allocation under subpart A of this part, 
divided by the number of students from families below the poverty level, 
as counted under section 1124(c)(1)(A) of the ESEA; or
    (2) The actual costs of the supplemental educational services 
received by the student.

(Authority: 20 U.S.C. 6316)

[67 FR 71725, Dec. 2, 2002]