To receive an allocation under part D, subpart 1 of Title I of the ESEA, an SEA must provide the Secretary with a count of children and youth under the age of 21 enrolled in a regular program of instruction operated or supported by State agencies in institutions or community day programs for neglected or delinquent children and youth and adult correctional institutions as specified in paragraphs (a) and (b) of this section.

1. (a) Enrollment.

   1. (1) To be counted, a child or youth must be enrolled in a regular program of instruction for at least—

      1. (i) 20 hours per week if in an institution or community day program for neglected or delinquent children; or
      2. (ii) 15 hours per week if in an adult correctional institution.

   2. (2) The State agency must specify the date on which the enrollment of neglected or delinquent children is determined under paragraph (a)(1) of this section, except that the date specified must be—

      1. (i) Consistent for all institutions or community day programs operated by the State agency; and
      2. (ii) Represent a school day in the calendar year preceding the year in which funds become available.

2. (b) Adjustment of enrollment. The SEA must adjust the enrollment for each institution or community day program served by a State agency by—

   1. (1) Multiplying the number determined in paragraph (a) of this section by the number of days per year the regular program of instruction operates; and
   2. (2) Dividing the result of paragraph (b)(1) of this section by 180.

3. (c) Date of submission. The SEA must annually submit the data in paragraph (b) of this section no later than January 31.

   (Approved by the Office of Management and Budget under control number 1810-0060)

   (Authority: 20 U.S.C. 6432)