[Code of Federal Regulations]

[Title 34, Volume 3]

[Revised as of July 1, 2005]

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

[CITE: 34CFR403.113]



[Page 46-47]

 

                           TITLE 34--EDUCATION

 

  CHAPTER IV--OFFICE OF VOCATIONAL AND ADULT EDUCATION, DEPARTMENT OF 

                                EDUCATION

 

PART 403_STATE VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION PROGRAM

--Table of Contents

 

 Subpart E_What Kinds of Activities Does the Secretary Assist Under the 

                             Basic Programs?

 

Sec. 403.113  How does a State allocate funds under the Secondary School 



Vocational Education Program to area vocational education schools and 

intermediate 

          educational agencies?



    (a) A State shall distribute funds reserved under Sec. 403.112(a) 

directly to the appropriate area vocational education school or 

intermediate educational agency in any case in which--

    (1) The area vocational education school or intermediate educational 

agency and an LEA--

    (i) Have formed or will form a consortium for the purpose of 

receiving funds reserved under Sec. 403.112(a); or

    (ii) Have entered into or will enter into a cooperative arrangement 

for the purpose of receiving funds reserved under Sec. 403.112(a); and

    (2)(i) The area vocational education school or intermediate 

educational agency serves a proportion of students with disabilities and 

students who are economically disadvantaged that is approximately equal 

to or greater than the proportion of those students attending the 

secondary schools under the jurisdiction of all of the LEAs sending 

students to the area vocational education school or the intermediate 

educational agency; or



[[Page 47]]



    (ii) The area vocational education school or intermediate 

educational agency demonstrates that it is unable to meet the criterion 

in paragraph (a)(2)(i) of this section due to the lack of interest by 

students with disabilities and students who are economically 

disadvantaged in attending vocational education programs in that area 

vocational education school or intermediate educational agency.

    (b) If an area vocational education school or intermediate 

educational agency meets the requirements of paragraph (a) of this 

section, then the amount that would otherwise be allocated to the LEA 

may be distributed to the area vocational education school, the 

intermediate educational agency, and the LEA--

    (1) Based on each school's or entity's relative share of students 

with disabilities and students who are economically disadvantaged who 

are attending vocational education programs that meet the requirements 

of Sec. 403.111 (based, if practicable, on the average enrollment for 

the prior 3 years); or

    (2) On the basis of an agreement between the LEA and the area 

vocational education school or intermediate educational agency.

    (c) Notwithstanding paragraphs (a) and (b) of this section, and 

Sec. Sec. 403.114 and 403.115, prior to distributing funds to any LEA 

that would receive an allocation that is not sufficient to conduct a 

program that meets the requirements of Sec. 403.111(c), a State shall 

encourage the LEA to--

    (1) Form a consortium or enter a cooperative agreement with an area 

vocational education school or intermediate educational agency offering 

programs that meet the requirements of Sec. 403.111(c), and that are 

accessible to economically disadvantaged students and students with 

disabilities that would be served by the LEA; and

    (2) Transfer its allocation to an area vocational education school 

or intermediate educational agency.

    (d) If an LEA's allocation under Sec. 403.112 meets the minimum 

grant requirement in Sec. 403.112(d), and the allocation is distributed 

in part to an area vocational education school or an intermediate 

educational agency pursuant to paragraphs (a) and (b) of this section, 

the LEA may retain the amount not distributed to the area vocational 

education school or an intermediate educational agency even though that 

amount is less than the minimum grant required by Sec. 403.112(d).



(Authority: 20 U.S.C. 2341(d) (1), (2), and (5))