Section 300.206 - Schoolwide programs under title I of the ESEA(a)General. Notwithstanding the provisions of §§ 300.202 and 300.203 or any other provision of Part B of the Act, an LEA may use funds received under Part B of the Act for any fiscal year to carry out a schoolwide program under section 1114 of the ESEA, except that the amount used in any schoolwide program may not exceed- (1)(i) The amount received by the LEA under Part B of the Act for that fiscal year; divided by(ii) The number of children with disabilities in the jurisdiction of the LEA; and multiplied by(2) The number of children with disabilities participating in the schoolwide program.(b)Funding conditions. The funds described in paragraph (a) of this section are subject to the following conditions: (1) The funds must be considered as Federal Part B funds for purposes of the calculations required by § 300.202(a)(2) and (a)(3) .(2) The funds may be used without regard to the requirements of § 300.202(a)(1) .(c)Meeting other Part B requirements. Except as provided in paragraph (b) of this section, all other requirements of Part B of the Act must be met by an LEA using Part B funds in accordance with paragraph (a) of this section, including ensuring that children with disabilities in schoolwide program schools- (1) Receive services in accordance with a properly developed IEP; and(2) Are afforded all of the rights and services guaranteed to children with disabilities under the Act. Authority: 20 U.S.C. 1413(a)(2)(D)
Approved by the Office of Management and Budget under control number 1820-0600