[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: 34CFR222.51]

[Page 502]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 222--IMPACT AID PROGRAMS--Table of Contents
 
     Subpart D--Payments Under Section 8003(d) of the Act for Local 
       Educational Agencies That Serve Children With Disabilities
 
Sec. 222.51  Which children may a local educational agency count for 
payment under section 8003(d) of the Act?

    (a) Except as provided in paragraph (b)(2) of this section, the 
children described in sections 8003(a)(1)(A)(ii), (a)(1)(B), (a)(1)(C), 
and (a)(1)(D) of the Act who are eligible for services under the 
provisions of the Individuals with Disabilities Education Act (20 U.S.C. 
1400 et seq.) may be counted by the local educational agency (LEA) for 
the purpose of computing a payment under section 8003(d).
    (b)(1) An LEA may count a child or children described in paragraph 
(a) of this section who attend private schools or residential programs 
if the LEA has placed or referred the child or children in accordance 
with the provisions of section 613 of the Individuals with Disabilities 
Education Act, 20 U.S.C. 1400 et seq. and 34 CFR part 300, subparts C 
and D.
    (2) Children who are placed in private schools by their parents may 
not be counted under section 8003(d), but may participate in public 
school programs that use section 8003(d) funds.

(Authority: 20 U.S.C. 1400 et seq. and 7703(d))