Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart G - AUTHORIZATION, ALLOTMENT, USE OF FUNDS, AND AUTHORIZATION OF APPROPRIATIONS › Allotments, Grants, and Uses of Funds › Section 7-34-G-300.705 - Subgrants to LEAs

Current through June 25, 2024
(a)
Subgrants required
.
When Mississippi
receives
				  a grant under section 611 of
IDEA
for any fiscal year,
the MDE
distribute
s
any funds not
				  reserve
d
under §300.704 to LEAs (including public charter
				  schools that operate as LEAs) in the State that have established their
				  eligibility under section 613 of
IDEA
for use in accordance
				  with Part B of
IDEA
. Effective with funds that become
				  available on July 1, 2009,
Mississippi will
distribute funds
				  to eligible LEAs, including public charter schools that operate as LEAs, even
				  if the LEA is not serving any children with disabilities.
(b)
Allocations to LEAs.
For
				  each fiscal year for which funds are allocated to the State under
34
				  CFR
§300.703, the
MDE
allocate
s
the funds as follows
(1)
Base
				  payments.
The
MDE
first award
s
each
				  LEA, described in paragraph (a)
above
the amount the LEA would
				  have received under section 611 of
IDEA
for fiscal year 1999,
since
the
MDE
distributed
seventy-five (
75
)
percent of its grant for
				  that year under section 611(d) of
IDEA
as that section was
				  then in effect.
(2)
Base
				  payment adjustments.
For any fiscal year after 1999
(i) If a new LEA is created, the
MDE
divide
s
the base allocation determined
				  under paragraph (b)(1)
above
for the LEAs that would have been
				  responsible for serving children with disabilities now being served by the new
				  LEA, among the new LEA and affected LEAs based on the relative numbers of
				  children with disabilities ages
three (
3
)
through
twenty (
2
0)
, or ages
six
				  (
6
)
through
twenty
				  (
2
0)
if
Mississippi
has had its
				  payment reduced under
34 CFR
§300.703(b), currently
				  provided special education by each of the LEAs;
(ii) If one or more LEAs are combined into a
				  single new LEA, the
MDE will
combine the base allocations of
				  the merged LEAs; and
(iii) If, for
				  two
(2)
or more LEAs, geographic boundaries or administrative
				  responsibility for providing services to children with disabilities ages
three (
3
)
through
twenty
				  (
2
0)
change, the base allocations of affected LEAs
				  must be redistributed among affected LEAs based on the relative numbers of
				  children with disabilities ages
three (
3
)
through
twenty (
2
0)
, or ages
six
				  (
6
)
through
twenty
				  (
2
0)
if
Mississippi
has had its
				  payment reduced under
34 CFR
§300.703(b)
,
currently provided special education by each
				  affected LEA.
(iv) If an LEA
				  received a base payment of zero in its first year of operation, the
MDE
adjust
s
the base payment for the first
				  fiscal year after the first annual child count in which the LEA reports that it
				  is serving any children with disabilities. The
MDE will
divide
				  the base allocation determined under paragraph (b)(1) of this section for the
				  LEAs that would have been responsible for serving children with disabilities
				  now being served by the LEA, among the LEA and affected LEAs based on the
				  relative number of children with disabilities ages
three
				  (
3
)
through
twenty
				  (
20
)
, or
six (
6
)
through
twenty (
20
)
currently provided
				  special education by each of the LEAs. This requirement takes effect with funds
				  that become available on July 1, 2009.
(3)
Allocation of remaining
				  funds.
After making allocations under paragraph (b)(1)
above
, as adjusted by paragraph (b)(2)
above
,
MDE
(i) Allocate
s
				  eighty-five (
85
)
percent of any remaining funds to
				  those LEAs on the basis of the relative numbers of children enrolled in public
				  and private elementary and secondary schools within the LEA's jurisdiction;
				  and
(ii) Allocate
s fifteen
				  (
15
)
percent of those remaining funds to LEAs in
				  accordance with their relative numbers of children living in poverty, as
				  determined by
MDE
.