34 C.F.R. § 200.75

Special procedures for allocating concentration grant funds in small States

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(a) In a State in which the number of formula children is less than 0.25 percent of the national total on January 8, 2002 (hereinafter referred to as a “small State”), an SEA may either—

(1) Allocate concentration grants among eligible LEAs in the State in accordance with §§ 200.72 through 200.74, as applicable; or

(2) Without regard to the allocations determined by the Secretary—

(i) Identify those LEAs in which the number or percentage of formula children exceeds the statewide average number or percentage of those children; and

(ii) Allocate concentration grant funds, consistent with § 200.73, among the LEAs identified in paragraph (a)(2)(i) of this section based on the number of formula children in each of those LEAs.

(b) If the SEA in a small State uses an alternative method under § 200.74, the SEA must use the poverty data approved under the alternative method to identify those LEAs with numbers or percentages of formula children that exceed the statewide average number or percentage of those children for the State as a whole.

(Authority: 20 U.S.C. 6334(b)) [82 FR 31711, July 7, 2017]

Notes of Decisions

Cited in 1 case, 1988–1988 · leading case: State of California, Dep't of Educ. v. William J. Bennett, Sec'y, U.S. Dep't of Educ., 849 F.2d 1227 (9th Cir. 1988).

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State of California, Dep't of Educ. v. William J. Bennett, Sec'y, U.S. Dep't of Educ., 849 F.2d 1227 (9th Cir. 1988). “” 34 C.F.R. § 200.75 (1981) (earlier version at 45 C.”

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