[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: 34CFR222.84]

[Page 537]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 222_IMPACT AID PROGRAMS--Table of Contents
 
   Subpart F_Payments to Local Educational Agencies for Children With 
          Severe Disabilities Under Section 8003(g) of the Act
 
Sec. 222.84  How does the Secretary calculate payments under section 8003(g) for eligible local educational agencies?

    For any fiscal year in which the Secretary has determined, under 
Sec. 222.82, that funds are available for payments under section 
8003(g) of the Act, the Secretary calculates payments to eligible LEAs 
under section 8003(g) as follows:
    (a) For each eligible LEA, the Secretary subtracts an amount equal 
to that portion of the payment the LEA received under section 8003(d) of 
the Act for that fiscal year, attributable to children described in 
Sec. 222.81, from the LEA's total costs of providing a free appropriate 
public education to those children, as submitted to the Secretary 
pursuant to Sec. 222.83(b). The remainder is the amount that the LEA is 
eligible to receive under section 8003(g).
    (b) If the total of the amounts for all eligible LEAs determined in 
paragraph (a) of this section is equal to or less than the amount of 
funds available for payment as determined in Sec. 222.82, the Secretary 
provides each eligible LEA with the entire amount that it is eligible to 
receive, as determined in paragraph (a) of this section.
    (c) If the total of the amounts for all eligible LEAs determined in 
paragraph (a) of this section exceeds the amount of funds available for 
payment as determined in Sec. 222.82, the Secretary ratably reduces 
payments under section 8003(g) to eligible LEAs.
    (d) If the total of the amounts for all eligible LEAs determined in 
paragraph (a) of this section is less than the amount of funds available 
for payment as determined in Sec. 222.82, the Secretary pays the 
remaining amount to LEAs under section 8003(d). An LEA that receives 
such a payment shall use the funds for expenditures in accordance with 
the requirements of section 8003(d) and subpart D of this part.

(Authority: 20 U.S.C. 7703 (d) and (g))