(a)(1) An applicant must select a day in the current school year as the survey date for making the first membership count, which must be no earlier than the fourth day of the regular school year and before January 31.
(1) An applicant must select a day in the current school year as the survey date for making the first membership count, which must be no earlier than the fourth day of the regular school year and before January 31.
(2) The applicant must use the same survey date for all schools in the LEA.
(b) As of the survey date, the applicant must--
(1) Count the membership of its federally connected children; and
(2) Count the total membership of its children--both federally connected and non-federally connected. (Approved by the Office of Management and Budget under control number 1810-0036) (Authority: 20 U.S.C. 7703, 7705) [60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33163, June 11, 2015]