[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR222.30]

[Page 518-519]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 222_IMPACT AID PROGRAMS--Table of Contents
 
   Subpart C_Payments for Federally Connected Children Under Section 
                       8003(b) and (e) of the Act
 
Sec. 222.30  What is ``free public education''?


    In addition to the terms defined in Sec. 222.2, the following 
definition applies to this part:
    Free public education. (1) The term means education that is 
provided--
    (i) At public expense;
    (ii)(A) As the complete elementary or secondary educational program 
as determined under State law through grade 12; and
    (B) Preschool education, whether or not included as elementary 
education by State law;
    (iii) In a school of the local educational agency (LEA) or under a 
tuition arrangement with another LEA or other educational entity; and
    (iv) Under public supervision and direction, except with respect to 
children with disabilities.
    (2) For the purpose of paragraph (1)(i) of this definition, 
education is provided at public expense if--
    (i) There is no tuition charge to the child or the child's parents; 
and

[[Page 519]]

    (ii) Federal funds, other than funds under the Act, do not provide a 
substantial portion of the educational program.
    (3) For the purpose of paragraph (1)(ii) of this definition, the 
complete elementary or secondary educational program is the program 
recognized by the State as meeting all requirements for elementary or 
secondary education for the children claimed and, except for preschool 
education, does not include a program that provides only--
    (i) Supplementary services or instruction; or
    (ii) A portion of the required educational program.
    (4) For the purpose of paragraph (1)(iii) of this definition, a 
tuition arrangement must--
    (i) Satisfy all applicable legal requirements in the State; and
    (ii) Genuinely reflect the applicant LEA's responsibility to provide 
a free public education to the children claimed under section 8003.
    (5) For the purpose of paragraph (1)(iv) of this definition, 
education provided under public supervision and direction means 
education that is provided--
    (i) In a school of the applicant LEA or another LEA; or
    (ii) By another educational entity, over which the applicant LEA, or 
other public agency, exercises authority with respect to the significant 
aspects of the educational program for the children claimed. The 
Secretary considers significant aspects of the educational program to 
include administrative decisions relating to teachers, instruction, and 
curriculum.

(Authority: 20 U.S.C. 7703, 7709, 7713(6))