[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: 34CFR222.51]



[Page 523]

 

                           TITLE 34--EDUCATION

 

                  CHAPTER II--OFFICE OF ELEMENTARY AND

              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION

 

PART 222_IMPACT AID PROGRAMS--Table of Contents

 

     Subpart D_Payments Under Section 8003(d) of the Act for Local 

       Educational Agencies That Serve Children With Disabilities

 

Sec.  222.51  Which children may a local educational agency count for 

payment under section 8003(d) of the Act?



    (a) Except as provided in paragraph (b)(2) of this section, the 

children described in sections 8003(a)(1)(A)(ii), (a)(1)(B), (a)(1)(C), 

and (a)(1)(D) of the Act who are eligible for services under the 

provisions of the Individuals with Disabilities Education Act (20 U.S.C. 

1400 et seq.) may be counted by the local educational agency (LEA) for 

the purpose of computing a payment under section 8003(d).

    (b)(1) An LEA may count a child or children described in paragraph 

(a) of this section who attend private schools or residential programs 

if the LEA has placed or referred the child or children in accordance 

with the provisions of section 613 of the Individuals with Disabilities 

Education Act, 20 U.S.C. 1400 et seq. and 34 CFR part 300, subparts C 

and D.

    (2) Children who are placed in private schools by their parents may 

not be counted under section 8003(d), but may participate in public 

school programs that use section 8003(d) funds.



(Authority: 20 U.S.C. 1400 et seq. and 7703(d))