[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR200.29]



[Page 458-459]

 

                           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 459]]



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