[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR200.29]

[Page 456-457]
 
                           TITLE 34--EDUCATION
 
                  CHAPTER II--OFFICE OF ELEMENTARY AND
              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. 200.29  Consolidation of funds in a schoolwide program.

    (a)(1) In addition to funds under subpart A of this part, a school 
may consolidate and use in its schoolwide program Federal funds from any 
program administered by the Secretary that is included in the most 
recent notice published for this purpose in the Federal Register.
    (2) For purposes of Sec. Sec. 200.25 through 200.29, the authority 
to consolidate funds from other Federal programs also applies to 
services provided to the school with those funds.
    (b)(1) Except as provided in paragraphs (b)(2) and (c) of this 
section, a school that consolidates and uses in a schoolwide program 
funds from any other Federal program administered by the Secretary--
    (i) Is not required to meet the statutory or regulatory requirements 
of that program applicable at the school level; but
    (ii) Must meet the intent and purposes of that program to ensure 
that the needs of the intended beneficiaries of that program are 
addressed.
    (2) A school that chooses to consolidate funds from other Federal 
programs must meet the requirements of those programs relating to--
    (i) Health;
    (ii) Safety;
    (iii) Civil rights;
    (iv) Student and parental participation and involvement;
    (v) Services to private school children;
    (vi) Maintenance of effort;
    (vii) Comparability of services;
    (viii) Use of Federal funds to supplement, not supplant non-Federal 
funds in accordance with Sec. 200.25(d); and
    (ix) Distribution of funds to SEAs or LEAs.
    (c) A school must meet the following requirements if the school 
consolidates and uses funds from these programs in its schoolwide 
program:
    (1) Migrant education. Before the school chooses to consolidate in 
its schoolwide program funds received under part C of Title I of the 
ESEA, the school must--
    (i) Use these funds, in consultation with parents of migratory 
children or organizations representing those parents, or both, first to 
meet the unique educational needs of migratory students that result from 
the effects of their migratory lifestyle, and those other needs that are 
necessary to permit these students to participate effectively in school, 
as identified through the comprehensive Statewide needs assessment under 
Sec. 200.83; and
    (ii) Document that these needs have been met.
    (2) Indian education. The school may consolidate funds received 
under subpart 1 of part A of Title VII of the ESEA if the parent 
committee established by the LEA under section 7114(c)(4) of the ESEA 
approves the inclusion of these funds.
    (3) Special education. (i) The school may consolidate funds received 
under part B of the IDEA.
    (ii) However, the amount of funds consolidated may not exceed the 
amount received by the LEA under part B of IDEA for that fiscal year, 
divided by the number of children with disabilities in the jurisdiction 
of the LEA, and multiplied by the number of children with disabilities 
participating in the schoolwide program.
    (iii) The school may also consolidate funds received under section 
8003(d) of the ESEA (Impact Aid) for children with disabilities in a 
schoolwide program.
    (iv) A school that consolidates funds under part B of IDEA or 
section 8003(d) of the ESEA may use those funds for any activities under 
its schoolwide program plan but must comply with all other requirements 
of part B of IDEA,

[[Page 457]]

to the same extent it would if it did not consolidate funds under part B 
of IDEA or section 8003(d) of the ESEA in the schoolwide program.
    (d) A school that consolidates and uses in a schoolwide program 
funds under subpart A of this part or from any other Federal program 
administered by the Secretary--
    (1) Is not required to maintain separate fiscal accounting records, 
by program, that identify the specific activities supported by those 
particular funds; but
    (2) Must maintain records that demonstrate that the schoolwide 
program, as a whole, addresses the intent and purposes of each of the 
Federal programs whose funds were consolidated to support the schoolwide 
program.
    (e) Each State must--
    (1) Encourage schools to consolidate funds from other Federal, 
State, and local sources in their schoolwide programs; and
    (2) Modify or eliminate State fiscal and accounting barriers so that 
schools can easily consolidate funds from other Federal, State, and 
local sources in their schoolwide programs.

(Authority: 20 U.S.C. 6314, 1413(a)(s)(D), 6396(b), 7703(d), 7815(c))

[67 FR 71720, Dec. 2, 2002; 68 FR 1008, Jan. 8, 2003]

                       LEA and School Improvement