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Special procedures for allocating concentration grant funds in small States.   

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(a) In a State in which the number of formula children is less than

0.25 percent of the national total on January 8, 2002 (hereinafter referred to as a "small State"), an SEA may either--

(1) Allocate concentration grants among eligible LEAs in the State in accordance with Sec. Sec. 200.72 through 200.74, as applicable; or (2) Without regard to the allocations determined by the Secretary--

(i) Identify those LEAs in which the number or percentage of formula children exceeds the statewide average number or percentage of those children; and (ii) Allocate concentration grant funds, consistent with Sec.

200.73, among the LEAs identified in paragraph (a)(2)(i) of this section based on the number of formula children in each of those LEAs.

(b) If the SEA in a small State uses an alternative method under Sec. 200.74, the SEA must use the poverty data approved under the alternative method to identify those LEAs with numbers or percentages of formula children that exceed the statewide average number or percentage of those children for the State as a whole.

(Approved by the Office of Management and Budget under control numbers 1810-0620 and 1810-0622)

(Authority: 20 USC 6334(b))

(Added by Federal Register, Vol.67, No.231 December 2,2002 effective January 2,2003.)