IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.
States and the formula in §303.732 is taken directly from
section 643(c) of the Act. This formula requires data on the number of children under the age of three in each
State. The phrase “ratably reduce” in section 643(c)(3) of
the Act, and reflected in §303.732(c)(1), has the plain
meaning that any reduction in the appropriation for Part C of the Act will be proportionately reflected in the allotment for each State. Further clarification is not necessary.
Additionally, it is not necessary to define “most
recent satisfactory data” because this phrase also has a
plain meaning--that is, it refers to the most recent population data on the number of infants and toddlers in States that are available to the Department at the time the Department calculates State allocations under Part C of the Act. For the purpose of these allocations, the Department uses the most recent data provided by the United States
Bureau of the Census (U.S. Census Bureau) as the “most
recent satisfactory data.”
It is the Department’s position that the regulations
should not require the Secretary to inform States of their allocations 120 days prior to making the funds available to the States because the Department believes that the final allocations should be based on the most recent U.S. Census