Section 7-34-G-300.705 - Subgrants to LEAs(a)Subgrants required. When Mississippi receives a grant under section 611 of IDEA for any fiscal year, the MDE distributes any funds not reserved under §300.704 to LEAs (including public charter schools that operate as LEAs) in the State that have established their eligibility under section 613 of IDEA for use in accordance with Part B of IDEA. Effective with funds that become available on July 1, 2009, Mississippi will distribute funds to eligible LEAs, including public charter schools that operate as LEAs, even if the LEA is not serving any children with disabilities.(b)Allocations to LEAs. For each fiscal year for which funds are allocated to the State under 34 CFR §300.703, the MDE allocates the funds as follows (1)Base payments. The MDE first awards each LEA, described in paragraph (a) above the amount the LEA would have received under section 611 of IDEA for fiscal year 1999, since the MDE distributed seventy-five (75) percent of its grant for that year under section 611(d) of IDEA as that section was then in effect.(2)Base payment adjustments. For any fiscal year after 1999 (i) If a new LEA is created, the MDE divides the base allocation determined under paragraph (b)(1) above for the LEAs that would have been responsible for serving children with disabilities now being served by the new LEA, among the new LEA and affected LEAs based on the relative numbers of children with disabilities ages three (3) through twenty (20), or ages six (6) through twenty (20) if Mississippi has had its payment reduced under 34 CFR §300.703(b), currently provided special education by each of the LEAs;(ii) If one or more LEAs are combined into a single new LEA, the MDE will combine the base allocations of the merged LEAs; and(iii) If, for two (2) or more LEAs, geographic boundaries or administrative responsibility for providing services to children with disabilities ages three (3) through twenty (20) change, the base allocations of affected LEAs must be redistributed among affected LEAs based on the relative numbers of children with disabilities ages three (3) through twenty (20), or ages six (6) through twenty (20) if Mississippi has had its payment reduced under 34 CFR §300.703(b), currently provided special education by each affected LEA.(iv) If an LEA received a base payment of zero in its first year of operation, the MDE adjusts the base payment for the first fiscal year after the first annual child count in which the LEA reports that it is serving any children with disabilities. The MDE will divide the base allocation determined under paragraph (b)(1) of this section for the LEAs that would have been responsible for serving children with disabilities now being served by the LEA, among the LEA and affected LEAs based on the relative number of children with disabilities ages three (3) through twenty (20), or six (6) through twenty (20) currently provided special education by each of the LEAs. This requirement takes effect with funds that become available on July 1, 2009.(3)Allocation of remaining funds. After making allocations under paragraph (b)(1) above, as adjusted by paragraph (b)(2) above, MDE(i) Allocates eighty-five (85) percent of any remaining funds to those LEAs on the basis of the relative numbers of children enrolled in public and private elementary and secondary schools within the LEA's jurisdiction; and(ii) Allocates fifteen (15) percent of those remaining funds to LEAs in accordance with their relative numbers of children living in poverty, as determined by MDE.(c)Reallocation of LEA funds.(1) If the MDE determines that an LEA is adequately providing FAPE to all children with disabilities residing in the area served by that agency with State and local funds, the MDE may reallocate any portion of the funds under this part that are not needed by that LEA to provide FAPE to other LEAs in Mississippi that are not adequately providing special education and related services to all children with disabilities residing in the areas served by those other LEAs. The MDE may also retain those funds for use at the State level to the extent the State has not reserved the maximum amount of funds it is permitted to reserve for State-level activities pursuant to §300.704.(2) After the MDE distributes funds under this part to an eligible LEA that is not serving any children with disabilities, as provided in paragraph (a) of this section, the MDE may reallocate any of those funds not obligated by the LEA to other LEAs in Mississippi that are not adequately providing special education and related services to all children with disabilities residing in the areas served by those other LEAs. The MDE may also retain those funds for use at the State level to the extent the State has not reserved the maximum amount of funds it is permitted to reserve for State-level activities pursuant to §300.704.7 Miss. Code. R. 34-G-300.705