[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR303.124]

[Page 174-175]
 
                           TITLE 34--EDUCATION
 
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
 
PART 300_ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN 
WITH DISABILITIES--Table of Contents
 
        Subpart H_Preschool Grants for Children with Disabilities
 
Sec. 303.124  Prohibition against supplanting.

    (a) The statement must include an assurance satisfactory to the 
Sec. etary that Federal funds made available under this part will be used 
to supplement the level of State and local funds expended for children 
eligible under this part and their families and in no

[[Page 175]]

case to supplant those State and local funds.
    (b) To meet the requirement in paragraph (a) of this section, the 
total amount of State and local funds budgeted for expenditures in the 
current fiscal year for early intervention services for children 
eligible under this part and their families must be at least equal to 
the total amount of State and local funds actually expended for early 
intervention services for these children and their families in the most 
recent preceding fiscal year for which the information is available. 
Allowance may be made for--
    (1) Decreases in the number of children who are eligible to receive 
early intervention services under this part; and
    (2) Unusually large amounts of funds expended for such long-term 
purposes as the acquisition of equipment and the construction of 
facilities.

(Approved by the Office of Management and Budget under control number 
1820-0550)

(Authority: 20 U.S.C. 1437(b)(5)(B))

[58 FR 40959, July 30, 1993, as amended at 63 FR 18294, Apr. 14, 1998]