34 CFR 200.73 - Applicable hold-harmless provisions.

§ 200.73 Applicable hold-harmless provisions.
(a) General.
(1) Except as authorized under paragraph (c) of this section and § 200.100(d)(2), an SEA may not reduce the allocation of an eligible LEA below the hold-harmless amounts established under paragraph (a)(4) of this section.
(2) The hold-harmless protection limits the maximum reduction of an LEA's allocation compared to the LEA's allocation for the preceding year.
(3) Except as provided in § 200.100(d), an SEA must apply the hold-harmless requirement separately for basic grants, concentration grants, targeted grants, and education finance incentive grants as described in paragraph (a)(4) of this section.
(4) Under section 1122(c) of the ESEA, the hold-harmless percentage varies based on the LEA's proportion of formula children, as shown in the following table:
LEA's number of formula children ages 5 to 17, inclusive, as a percentage of its total population of children ages 5 to 17, inclusive Hold-harmless percentage Applicable grant formulas
(i) 30% or more(ii) 15% or more but less than 30% (iii) Less than 15% 9590 85 Basic Grants, Concentration Grants, Targeted Grants, and Education Finance Incentive Grants.
(b) Targeted grants and education finance incentive grants. The number of formula children used to determine the hold-harmless percentage is the number before applying the weights described in section 1125 and section 1125A of the ESEA.
(c) Adjustment for insufficient funds. If the amounts made available to the State are insufficient to pay the full amount that each LEA is eligible to receive under paragraph (a)(4) of this section, the SEA must ratably reduce the allocations for all LEAs in the State to the amount available.
(d) Eligibility for hold-harmless protection.
(1) An LEA must meet the eligibility requirements for a basic grant, targeted grant, or education finance incentive grant under § 200.71 in order for the applicable hold-harmless provision to apply.
(2) An LEA not meeting the eligibility requirements for a concentration grant under § 200.71 must be paid its hold-harmless amount for four consecutive years.
(Approved by the Office of Management and Budget under control numbers 1810-0620 and 1810-0622)
(Authority: 20 U.S.C. 6332(c))
[67 FR 71733, Dec. 2, 2002]

Title 34 published on 2013-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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United States Code
U.S. Code: Title 20 - EDUCATION

§ 6301 - Statement of purpose

§ 6302 - Authorization of appropriations

§ 6303 - School improvement

§ 6304 - State administration

§ 6311 - State plans

§ 6312 - Local educational agency plans

§ 6313 - Eligible school attendance areas

§ 6314 - Schoolwide programs

§ 6315 - Targeted assistance schools

§ 6316 - Academic assessment and local educational agency and school improvement

§ 6317 - School support and recognition

§ 6318 - Parental involvement

§ 6319 - Qualifications for teachers and paraprofessionals

§ 6320 - Participation of children enrolled in private schools

§ 6321 - Fiscal requirements

§ 6322 - Coordination requirements

§ 6331 - Grants for the outlying areas and the Secretary of the Interior

§ 6332 - Allocations to States

§ 6333 - Basic grants to local educational agencies

§ 6334 - Concentration grants to local educational agencies

§ 6335 - Targeted grants to local educational agencies

§ 6336 - Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001

§ 6337 - Education finance incentive grant program

§ 6338 - Special allocation procedures

§ 6339 - Carryover and waiver

§ 6361 - Purposes

§ 6362 - Formula grants to State educational agencies

§ 6363 - State formula grant applications

§ 6364 - Targeted assistance grants

§ 6365 - External evaluation

§ 6366 - National activities

§ 6367 - Information dissemination

§ 6368 - Definitions

§ 6371 - Purposes; definitions

§ 6372 - Local Early Reading First grants

§ 6373 - Federal administration

§ 6374 - Information dissemination

§ 6375 - Reporting requirements

§ 6376 - Evaluation

§ 6381 - Statement of purpose

§ 6381a - Program authorized

§ 6381b - State educational agency programs

§ 6381c - Uses of funds

§ 6381d - Program elements

§ 6381e - Eligible participants

§ 6381f - Applications

§ 6381g - Award of subgrants

§ 6381h - Evaluation

§ 6381i - Indicators of program quality

§ 6381j - Research

§ 6381k - Construction

§ 6383 - Improving literacy through school libraries

§ 6391 - Program purpose

§ 6392 - Program authorized

§ 6393 - State allocations

§ 6394 - State applications; services

§ 6395 - Secretarial approval; peer review

§ 6396 - Comprehensive needs assessment and service-delivery plan; authorized activities

§ 6397 - Bypass

§ 6398 - Coordination of migrant education activities

§ 6399 - Definitions

§ 6421 - Purpose and program authorization

§ 6422 - Payments for programs under this part

§ 6431 - Eligibility

§ 6432 - Allocation of funds

§ 6433 - State reallocation of funds

§ 6434 - State plan and State agency applications

§ 6435 - Use of funds

§ 6436 - Institution-wide projects

§ 6437 - Three-year programs or projects

§ 6438 - Transition services

§ 6439 - Evaluation; technical assistance; annual model program

§ 6451 - Purpose

§ 6452 - Programs operated by local educational agencies

§ 6453 - Local educational agency applications

§ 6454 - Uses of funds

§ 6455 - Program requirements for correctional facilities receiving funds under this section

§ 6456 - Accountability

§ 6471 - Program evaluations

§ 6472 - Definitions

§ 6491 - Evaluations

§ 6492 - Demonstrations of innovative practices

§ 6493 - Assessment evaluation

§ 6494 - Close Up fellowship program

§ 6511 - Purpose

§ 6512 - Program authorization

§ 6513 - State applications

§ 6514 - State use of funds

§ 6515 - Local applications

§ 6516 - Local use of funds

§ 6517 - Evaluation and reports

§ 6518 - Quality initiatives

§ 6531 - Short title

§ 6532 - Purposes

§ 6533 - Funding distribution rule

§ 6534 - Advanced placement test fee program

§ 6535 - Advanced placement incentive program grants

§ 6536 - Supplement, not supplant

§ 6537 - Definitions

§ 6551 - Short title

§ 6552 - Purpose

§ 6553 - Authorization of appropriations

§ 6555 - National activities

§ 6561 - Definitions

§ 6561a - Program authorized

§ 6561b - Applications

§ 6561c - State reservation

§ 6561d - Strategies and capacity building

§ 6561e - Selection of local educational agencies for subgrants

§ 6561f - Community based organizations

§ 6561g - Technical assistance

§ 6561h - School dropout rate calculation

§ 6561i - Reporting and accountability

§ 6571 - Federal regulations

§ 6572 - Agreements and records

§ 6573 - State administration

§ 6574 - Local educational agency spending audits

§ 6575 - Prohibition against Federal mandates, direction, or control

§ 6576 - Rule of construction on equalized spending

§ 6577 - State report on dropout data

§ 6578 - Regulations for

Title 34 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 34 CFR 200 after this date.

  • 2013-12-27; vol. 78 # 249 - Friday, December 27, 2013
    1. 78 FR 79222 - Title I—Improving the Academic Achievement of the Disadvantaged; Migrant Education Program
      GPO FDSys XML | Text
      DEPARTMENT OF EDUCATION, Office of Elementary and Secondary Education
      Notice of proposed rulemaking.
      We must receive your comments on or before February 25, 2014.
      34 CFR Part 200