Code of Federal Regulations Title 34. Education § 34.200.79 Exclusion of supplemental State and local funds from supplement, not supplant and comparability determinations

(1)(i) Is implemented in a school in which the percentage of children from low-income families is at least 40 percent;

(ii) Is designed to promote schoolwide reform and upgrade the entire educational operation of the school to support students in their achievement toward meeting the challenging State academic standards that all students are expected to meet;

(iii) Is designed to meet the educational needs of all students in the school, particularly the needs of students who are failing, or are most at risk of failing, to meet the challenging State academic standards;  and

(iv) Uses the State's assessment system under § 200.2 to review the effectiveness of the program;  or

(2)(i) Serves only students who are failing, or are most at risk of failing, to meet the challenging State academic standards;

(ii) Provides supplementary services designed to meet the special educational needs of the students who are participating in the program to support their achievement toward meeting the State's student academic achievement standards;  and

(iii) Uses the State's assessment system under § 200.2 to review the effectiveness of the program.