*45 CFR 1302.12(c 2) specifies that a program may enroll a child who would benefit from services but does not meet other eligibility requirements provided that these participants only make up to 10 percent of a program’s enrollment or 49 percent in the case of AI/AN programs as described in 45 CFR 1302.12(e)
**45 CFR 1302.12(d) specifies that a program may enroll an additional 35 percent of participants whose families do not meet any other eligibility criterion and whose incomes are below 130 percent of the poverty line.