(b) Allocation of Funds.

1. (1) An SEA must allocate funds under a covered program in accordance with this subpart to any charter school LEA that—

   1. (i) Opens for the first time or significantly expands its enrollment during an academic year for which the State awards funds by formula or through a competition under the program;
   2. (ii) In accordance with § 76.791(a), establishes its eligibility and complies with all applicable program requirements; and
   3. (iii) Meets the requirements of § 76.788(a).
2. (2) In order to meet the requirements of this subpart, an SEA may allocate funds to, or reserve funds for, an eligible charter school LEA based on reasonable estimates of projected enrollment at the charter school LEA.

3. (3)

   1. (i) The failure of an eligible charter school LEA or its authorized public chartering agency to provide notice to its SEA in accordance with § 76.788(a) relieves the SEA of any obligation to allocate funds to the charter school within five months.
   2. (ii) Except as provided in § 76.792(c), an SEA that receives less than 120 days' actual notice of the date an eligible charter school LEA is scheduled to open or significantly expand its enrollment must allocate funds to the charter school LEA on or before the date the SEA allocates funds to LEAs under the applicable covered program for the succeeding academic year.

   3. (iii) The SEA may provide funds to the charter school LEA from the SEA's allocation under the applicable covered program for the academic year in which the charter school LEA opened or significantly expanded its enrollment, or from the SEA's allocation under the program for the succeeding academic year.

      (Approved by the Office of Management and Budget under control number 1810-0623)

      (Authority: 20 U.S.C. 8065a)