34 CFR §300.206

1. (a)General. Notwithstanding the provisions of §§ 300.202 and 300.203 or any other provision of Part B of the Act, an LEA may use funds received under Part B of the Act for any fiscal year to carry out a schoolwide program under section 1114 of the ESEA, except that the amount used in any schoolwide program may not exceed—
   1. (1)
      1. (i)The amount received by the LEA under Part B of the Act for that fiscal year; divided by
      2. (ii)The number of children with disabilities in the jurisdiction of the LEA; and multiplied by
   2. (2)The number of children with disabilities participating in the schoolwide program.
2. (b)Funding conditions. The funds described in paragraph (a) of this section are subject to the following conditions:
   1. (1)The funds must be considered as Federal Part B funds for purposes of the calculations required by § 300.202(a)(2) and (a)(3).
   2. (2)The funds may be used without regard to the requirements of § 300.202(a)(1).
3. (c)Meeting other Part B requirements. Except as provided in paragraph (b) of this section, all other requirements of Part B of the Act must be met by an LEA using Part B funds in accordance with paragraph (a) of this section, including ensuring that children with disabilities in schoolwide program schools—
   1. (1)Receive services in accordance with a properly developed IEP; and
   2. (2)Are afforded all of the rights and services guaranteed to children with disabilities under the Act.