TITLE 34 - EDUCATION

SUBTITLE B - REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION

CHAPTER II - OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 222 - IMPACT AID PROGRAMS

subpart d - PAYMENTS UNDER SECTION 8003(D) OF THE ACT FOR LOCAL EDUCATIONAL AGENCIES THAT SERVE CHILDREN WITH DISABILITIES

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))