[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: 34CFR222.37] [Page 513-514] TITLE 34--EDUCATION SECONDARY EDUCATION, DEPARTMENT OF EDUCATION PART 222_IMPACT AID PROGRAMS--Table of Contents Subpart C_Payments for Federally Connected Children Under Section 8003(b) and (e) of the Act Sec. 222.37 How does the Secretary calculate the average daily attendance of federally connected children? (a) This section describes how the Secretary computes the ADA of federally connected children for each category in section 8003 to determine an applicant's payment. (b) If an LEA is in a State that collects actual ADA data for purposes of distributing State aid for education, the Secretary calculates the ADA of that LEA's federally connected children for the current fiscal year payment as follows: (1) Except as provided in paragraph (b)(3) of this section-- (i) By dividing the ADA of all the LEA's children for the second preceding fiscal year by the LEA's total membership on its survey date for the second preceding fiscal year (or, in the case of an LEA that conducted two membership counts in the second preceding fiscal year, by the average of the LEA's total membership on the two survey dates); and (ii) By multiplying the figure determined in paragraph (b)(1)(i) of this section by the LEA's total membership of federally connected children in each subcategory described in section 8003 and claimed in the LEA's application for the current fiscal year payment (or, in the case of an LEA that conducts two membership counts, by the average [[Page 514]] of the LEA's total membership of federally connected children in each subcategory on the two survey dates). (2)(i) For purposes of this section, actual ADA means raw ADA data that have not been weighted or adjusted to reflect higher costs for specific types of students for purposes of distributing State aid for education. (ii) If an LEA provides a program of free public summer school, attendance data for the summer session are included in the LEA's ADA figure in accordance with State law or practice. (iii) An LEA's ADA count includes attendance data for children for whom it makes tuition arrangements with other educational entities. (3) Attendance data are not counted for any child-- (i) Who is not physically present at school for the daily minimum time period required by the State, unless the child is-- (A) Participating via telecommunication or correspondence course programs that meet State standards; or (B) Being served by a State-approved homebound instruction program for the daily minimum time period appropriate for the child; or (ii) Attending the applicant's schools under a tuition arrangement with another LEA. (c) If an LEA is in a State that does not collect ADA data for purposes of distributing State aid for education, the LEA or SEA shall submit data necessary for the Secretary to calculate the ADA of the LEA's federally connected children as follows: (1) If an LEA is in a State that formerly collected ADA data for purposes of distributing State aid for education, the SEA may submit the total ADA and total membership data for the State for each of the last three fiscal years that ADA data were collected. The Secretary uses these data to calculate the ADA of the LEA's federally connected children by-- (i) Dividing the total ADA data by the total membership data for each of the three fiscal years and averaging the results; and (ii) Multiplying the average determined in paragraph (c)(1)(i) of this section by the LEA's total membership of federally connected children as described in paragraph (b)(1)(ii) of this section. (2) An LEA may submit attendance data based on sampling conducted during the previous fiscal year. The sampling must include attendance data for all children for at least 30 school days. The data must be collected during at least three periods evenly distributed throughout the school year. Each collection period must consist of at least five consecutive school days. The Secretary uses these data to calculate the ADA of the LEA's federally connected children by-- (i) Determining the ADA of all children in the sample; (ii) Dividing the figure obtained in paragraph (c)(2)(i) of this section by the LEA's total membership for the previous fiscal year; and (iii) Multiplying the figure determined in paragraph (c)(2)(ii) of this section by the LEA's total membership of federally connected children for the current fiscal year, as described in paragraph (b)(1)(ii) of this section. (3) If an LEA is in a State that distributes State aid for education based on data similar to attendance data, the SEA may request that the Secretary use those data to calculate the ADA of the LEA's federally connected children. If the Secretary determines that those data are, in effect, equivalent to attendance data, the Secretary allows use of the requested data and determines the method by which the ADA of the LEA's federally connected children will be calculated. (Approved by the Office of Management and Budget under control number 1810-0036) (Authority: 20 U.S.C. 7703, 7706, 7713)