[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: 34CFR222.54]



[Page 524-525]

 

                           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.  222.54  What supplement-not-supplant requirement applies to this 

subpart?



    Funds provided under section 8003(d) may not supplant any State 

funds that were or would have been available to the LEA for the free 

appropriate public education of children counted under section 8003(d).

    (a) No section 8003(d) funds may be paid to an LEA whose per pupil 

State aid for federally connected children with disabilities, either 

general State aid or special education State aid, has been or would be 

reduced as a result of



[[Page 525]]



eligibility for or receipt of section 8003(d) funds, whether or not a 

State has a program of State aid that meets the requirements of section 

8009 of the Act and subpart K of the regulations in this part.

    (1) A reduction in the per pupil amount of State aid for children 

with disabilities, including children counted under section 8003(d), 

from that received in a previous year raises a presumption that 

supplanting has occurred.

    (2) The LEA may rebut this presumption by demonstrating that the 

reduction was unrelated to the receipt of section 8003(d) funds.

    (b) In any State in which there is only one LEA, all funds for 

programs for children with disabilities other than funds from Federal 

sources are considered by the Secretary to be local funds.



(Authority: 20 U.S.C. 7703(d))