Each local educational agency will be given complete discretion, subject to the provisions of section 406 of the Elementary and Secondary Education Act (Participation of Children Enrolled in Private Schools), in determining how the funds it receives from appropriations under section 401(a) of The Elementary and Secondary Education Act will be divided among the various programs described in section 421 of The Elementary and Secondary Education Act except that in the first year in which appropriations are made pursuant to part B of title IV of the Elementary and Secondary Education Act each local educational agency will be given complete discretion with respect to 50 percent of the funds appropriated for that part attributable to that local educational agency.
N.Y. Comp. Codes R. & Regs. Tit. 8 § 2302.17