[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR200.48]



[Page 468]

 

                           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--

    (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 Sec. Sec. 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]



[[Page 469]]