[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: 34CFR222.37]



[Page 515-516]

 

                           TITLE 34--EDUCATION

 

                  CHAPTER II--OFFICE OF ELEMENTARY AND

              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 516]]



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)