[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: 34CFR280.2]

[Page 556-557]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 280--MAGNET SCHOOLS ASSISTANCE PROGRAM--Table of Contents
 
                           Subpart A--General
 
Sec. 280.2  Who is eligible to apply for a grant?

    (a) An LEA or consortia of LEAs is eligible to receive assistance 
under this part if the LEA or consortia of LEAs

[[Page 557]]

meets any of the following requirements:
    (1) The LEA or consortia of LEAs is implementing a plan undertaken 
pursuant to a final order of a court of the United States, or a court of 
any State, or any other State agency or official of competent 
jurisdiction, and the order requires the desegregation of minority group 
segregated children or faculty in the elementary and secondary schools 
of that agency or those agencies.
    (2) The LEA or consortia of LEAs adopted and is implementing on 
either a voluntary basis or as required under title VI of the Civil 
Rights Act of 1964--or will adopt and implement if assistance is made 
available under this part--a plan that has been approved by the 
Secretary as adequate under title VI.
    (b) The Secretary approves a voluntary plan under paragraph (a)(2) 
of this section only if he determines that for each magnet school for 
which funding is sought--
    (1) The magnet school will reduce, eliminate, or prevent minority 
group isolation within the period of the grant award, either in the 
magnet school or in a feeder school, as appropriate; and
    (2) The establishment of the magnet school will not result in an 
increase of minority enrollment, at the magnet school or at any feeder 
school, above the districtwide percentage of minority group students in 
the LEA's schools at the grade levels served by that magnet school.

(Authority: 20 U.S.C 7205)

[50 FR 21191, May 22, 1985, as amended at 54 FR 19508, May 5, 1989; 57 
FR 61508, Dec. 24, 1992; 60 FR 14865, Mar. 20, 1995]