Subpart H--Preschool Grants for Children with Disabilities
Sec. 300.800 In general.
The Secretary provides grants under section 619 of the Act to assist States to provide special education and related services in accordance with Part B of the Act--
Sec. 300.803 Definition of State.
As used in this subpart, State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
Sec. 300.804 Eligibility.
A State is eligible for a grant under section 619 of the Act if the State--
Sec. 300.806 Eligibility for financial assistance.
No State or LEA, or other public institution or agency, may receive a grant or enter into a contract or cooperative agreement under subpart 2 or 3 of Part D of the Act that relates exclusively to programs, projects, and activities pertaining to children aged three through five years, unless the State is eligible to receive a grant under section 619(b) of the Act.
Sec. 300.807 Allocations to States.
The Secretary allocates the amount made available to carry out section 619 of the Act for a fiscal year among the States in accordance with Sec. Sec. 300.808 through 300.810.
Sec. 300.808 Increase in funds.
If the amount available for allocation to States under Sec. 300.807 for a fiscal year is equal to or greater than the amount allocated to the States under section 619 of the Act for the preceding fiscal year, those allocations are calculated as follows:
Sec. 300.810 Decrease in funds.
If the amount available for allocations to States under Sec. 300.807 for a fiscal year is less than the amount allocated to the States under section 619 of the Act for the preceding fiscal year, those allocations are calculated as follows:
Sec. 300.812 Reservation for State activities.
Sec. 300.813 State administration.
Sec. 300.814 Other State-level activities.
Each State must use any funds the State reserves under Sec. 300.812 and does not use for administration under Sec. 300.813--
Sec. 300.815 Subgrants to LEAs.
Each State that receives a grant under section 619 of the Act for any fiscal year must distribute all of the grant funds that the State does not reserve under Sec. 300.812 to LEAs in the State that have established their eligibility under section 613 of the Act.
Sec. 300.816 Allocations to LEAs.
Sec. 300.817 Reallocation of LEA funds.
If an SEA determines that an LEA is adequately providing FAPE to all children with disabilities aged three through five residing in the area served by the LEA with State and local funds, the SEA may reallocate any portion of the funds under section 619 of the Act that are not needed by that LEA to provide FAPE to other LEAs in the State that are not adequately providing special education and related services to all children with disabilities aged three through five residing in the areas the other LEAs serve.
Sec. 300.818 Part C of the Act inapplicable.
Part C of the Act does not apply to any child with a disability receiving FAPE, in accordance with Part B of the Act, with funds received under section 619 of the Act.
