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U.S. Department of Education: Promoting Educational Excellence for all Americans

Rule of construction (Sec. 300.166)

Comment: One commenter requested clarification regarding

the use of Federal funds to offset decreases in State formula allocations to LEAs that use attendance, enrollment, or inflation as elements of the State funding formula for special education.

Discussion: Section 300.166 was added to incorporate language in section 612(a)(20) of the Act. It specifies that States with laws that require a specific level of funding to their LEAs cannot use Federal Part B funds for this purpose.

Changes: None.