34 CFR 200.70 : Education (Parts 1-2 To Parts 1201-1299) — (Parts 1-2 To § 299.12) — Regulations Of The Offices Of The Department Of Education (§ 100.1 To § 299.12) — Office Of Elementary And Secondary Education, Department Of Education (§ 200.1 To § 299.12) — Title I - Improving The Academic Achievement Of The Disadvantaged (§ 200.1 To §§ 200.104-200.109) — Improving Basic Programs Operated By Local Educational Agencies (§ 200.1 To § 200.79) — Allocations To Leas (§ 200.70 To § 200.76) — Allocation of funds to LEAs in general.

(a) The Secretary allocates basic grants, concentration grants, targeted grants, and education finance incentive grants, through SEAs, to each eligible LEA for which the Bureau of the Census has provided data on the number of children from low-income families residing in the school attendance areas of the LEA (hereinafter referred to as the “Census list”).

(b) In establishing eligibility and allocating funds under paragraph (a) of this section, the Secretary counts children ages 5 to 17, inclusive (hereinafter referred to as “formula children”) -

(1) From families below the poverty level based on the most recent satisfactory data available from the Bureau of the Census;

(2) From families above the poverty level receiving assistance under the Temporary Assistance for Needy Families program under Title IV of the Social Security Act;

(3) Being supported in foster homes with public funds; and

(4) Residing in local institutions for neglected children.

(c) Except as provided in §§ 200.72, 200.75, and 200.100, an SEA may not change the Secretary's allocation to any LEA that serves an area with a total census population of at least 20,000 persons.

(d) In accordance with § 200.74, an SEA may use an alternative method, approved by the Secretary, to distribute the State's share of basic grants, concentration grants, targeted grants, and education finance incentive grants to LEAs that serve an area with a total census population of less than 20,000 persons.