[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR222.1]

[Page 502-506]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 222_IMPACT AID PROGRAMS--Table of Contents
 
                            Subpart A_General
 
Sec. 222.1  What is the scope of this part?

                            Subpart A_General

Sec.
222.1 What is the scope of this part?
222.2 What definitions apply to this part?
222.3 How does a local educational agency apply for assistance under 
          section 8002 or 8003 of the Act?
222.4 How does the Secretary determine when an application is timely 
          filed?
222.5 When may a local educational agency amend its application?
222.6 Which applications does the Secretary accept?
222.7 What information may a local educational agency submit after the 
          application deadline?
222.8 What action must an applicant take upon a change in its boundary, 
          classification, control, governing authority, or identity?
222.9 What records must a local educational agency maintain?
222.10 How long must a local educational agency retain records?
222.11 How does the Secretary recover overpayments?
222.12 What overpayments are eligible for forgiveness under section 8012 
          of the Act?
222.13 What overpayments are not eligible for forgiveness under section 
          8012 of the Act?

[[Page 503]]

222.14 What requirements must a local educational agency meet for an 
          eligible overpayment to be forgiven in whole or part?
222.15 How are the filing deadlines affected by requests for other forms 
          of relief?
222.16 What information and documentation must an LEA submit for an 
          eligible overpayment to be considered for forgiveness?
222.17 How does the Secretary determine undue financial hardship and 
          serious harm to a local educational agency's educational 
          program?
222.18 What amount does the Secretary forgive?
222.19 What other statutes and regulations apply to this part?

  Subpart B_Payments for Federal Property Under Section 8002 of the Act

222.20 What definitions apply to this subpart?
222.21 What requirements must a local educational agency meet concerning 
          Federal acquisition of real property within the local 
          educational agency?
222.22 How does the Secretary treat compensation from Federal activities 
          for purposes of determining eligibility and payments?
222.23 How does a local official determine the aggregate assessed value 
          of eligible Federal property for the purpose of a local 
          educational agency's section 8002 payment?
222.24-222.29 [Reserved]

   Subpart C_Payments for Federally Connected Children Under Section 
                       8003(b) and (e) of the Act

222.30 What is ``free public education''?
222.31 To which local educational agencies does the Secretary make basic 
          support payments under section 8003(b) of the Act?
222.32 Upon what information is a local educational agency's basic 
          support payment based?
222.33 When must an applicant make its first or only membership count?
222.34 If an applicant makes a second membership count, when must that 
          count be made?
222.35 How does a local educational agency count the membership of its 
          federally connected children?
222.36 What minimum number of federally connected children must a local 
          educational agency have to receive a payment on behalf of 
          those children under section 8003(b) and (e)?
222.37 How does the Secretary calculate the average daily attendance of 
          federally connected children?
222.38 What is the maximum basic support payment that a local 
          educational agency may receive under section 8003(b)?
222.39 How does a State educational agency identify generally comparable 
          local educational agencies for local contribution rate 
          purposes?
222.40 How does a local educational agency select a local contribution 
          rate based on generally comparable local educational agencies?
222.41 How does a State educational agency compute local contribution 
          rates based upon generally comparable local educational 
          agencies?
222.42-222.49 [Reserved]

     Subpart D_Payments Under Section 8003(d) of the Act for Local 
       Educational Agencies That Serve Children With Disabilities

222.50 What definitions apply to this subpart?
222.51 Which children may a local educational agency count for payment 
          under section 8003(d) of the Act?
222.52 What requirements must a local educational agency meet to receive 
          a payment under section 8003(d)?
222.53 What restrictions and requirements apply to the use of funds 
          provided under section 8003(d)?
222.54 What supplement-not-supplant requirement applies to this subpart?
222.55 What other statutes and regulations are applicable to this 
          subpart?
222.56-222.59 [Reserved]

 Subpart E_Additional Assistance for Heavily Impacted Local Educational 
                Agencies Under Section 8003(f) of the Act

222.60 What are the scope and purpose of these regulations?
222.61 What data are used to determine a local educational agency's 
          eligibility and payment under section 8003(f) of the Act?
222.62 Which local educational agencies are eligible to apply for an 
          additional payment under section 8003(f)?
222.63 What other requirements must a local educational agency meet in 
          order to be eligible for financial assistance under section 
          8003(f)(2)(A)?
222.64 What other requirements must a local educational agency meet in 
          order to be eligible for financial assistance under section 
          8003(f)(2)(B)?
222.65 How may a State aid program affect a local educational agency's 
          eligibility for assistance under section 8003(f)?
222.66 How does the Secretary determine whether a fiscally independent 
          local educational agency is making a reasonable tax effort?

[[Page 504]]

222.67 What tax rates does the Secretary use if real property is 
          assessed at different percentages of true value?
222.68 What tax rates does the Secretary use if two or more different 
          classifications of real property are taxed at different rates?
222.69 What tax rates may the Secretary use if substantial local 
          revenues are derived from local tax sources other than real 
          property taxes?
222.70 How does the Secretary determine whether a fiscally dependent 
          local educational agency is making a reasonable tax effort?
222.71 What information must be provided by the State educational 
          agency?
222.72 How does the Secretary determine a maximum payment for local 
          educational agencies that are eligible for financial 
          assistance under section 8003(f)(2)(A) and Sec. 222.63?
222.73 How does the Secretary determine a maximum payment for local 
          educational agencies that are eligible for financial 
          assistance under section 8003(f)(2)(B) and Sec. 222.64?
222.74 How does the Secretary identify generally comparable local 
          educational agencies for purposes of section 8003(f)?
222.75 How does the Secretary compute the average per pupil expenditure 
          of generally comparable local educational agencies under this 
          subpart?
222.76 What does the Secretary do if appropriation levels are 
          insufficient to pay in full the amounts calculated under 
          Sec. Sec. 222.72 and 222.73?
222.77-222.79 [Reserved]

   Subpart F_Payments to Local Educational Agencies for Children With 
          Severe Disabilities Under Section 8003(g) of the Act

222.80 What definitions apply to this subpart?
222.81 What requirements must a local educational agency meet to be 
          eligible for a payment under section 8003(g) of the Act?
222.82 How does the Secretary calculate the total amount of funds 
          available for payments under section 8003(g)?
222.83 How does an eligible local educational agency apply for a payment 
          under section 8003(g)?
222.84 How does the Secretary calculate payments under section 8003(g) 
          for eligible local educational agencies?
222.85 How may a local educational agency use funds that it receives 
          under section 8003(g)?

 Subpart G_Special Provisions for Local Educational Agencies That Claim 
                    Children Residing on Indian Lands

                                 General

222.90 What definitions apply to this subpart?
222.91 What requirements must a local educational agency meet to receive 
          a payment under section 8003 of the Act for children residing 
          on Indian lands?
222.92 What additional statutes and regulations apply to this subpart?
222.93 [Reserved]

                     Indian Policies and Procedures

222.94 What provisions must be included in a local educational agency's 
          Indian policies and procedures?
222.95 How are Indian policies and procedures reviewed to ensure 
          compliance with the requirements in section 8004(a) of the 
          Act?
222.96-222.101 [Reserved]

     Indian Policies and Procedures Complaint and Hearing Procedures

222.102 Who may file a complaint about a local educational agency's 
          Indian policies and procedures?
222.103 What must be included in a complaint?
222.104 When does the Assistant Secretary consider a complaint received?
222.105-222.107 [Reserved]
222.108 What actions must be taken upon receipt of a complaint?
222.109 When may a local educational agency reply to a complaint?
222.110 What are the procedures for conducting a hearing on a local 
          educational agency's Indian policies and procedures?
222.111 What is the authority of the hearing examiner in conducting a 
          hearing?
222.112 What procedures are followed after the hearing?
222.113 What are the responsibilities of the Assistant Secretary after 
          the hearing?

  Withholding and Related Procedures for Indian Policies and Procedures

222.114 How does the Assistant Secretary implement the provisions of 
          this subpart?
222.115 When does the Assistant Secretary withhold payments from a local 
          educational agency under this subpart?
222.116 How are withholding procedures initiated under this subpart?
222.117 What procedures are followed after the Assistant Secretary 
          issues a notice of intent to withhold payments?

[[Page 505]]

222.118 How are withholding hearings conducted in this subpart?
222.119 What is the effect of withholding under this subpart?
222.120 When is a local educational agency exempt from withholding of 
          payments?
222.121 How does the affected Indian tribe or tribes request that 
          payments to a local educational agency not be withheld?
222.122 What procedures are followed if it is determined that the local 
          educational agency's funds will not be withheld under this 
          subpart?
222.123-222.129 [Reserved]

Subpart H [Reserved]

Subpart I_Facilities Assistance and Transfers Under Section 8008 of the 
                                   Act

222.140 What definitions apply to this subpart?
222.141 For what types of projects may the Secretary provide assistance 
          under section 8008 of the Act?
222.142 What terms and conditions apply to minimum school facilities 
          operated under section 8008 by another agency?
222.143 What terms and conditions apply to the transfer of minimum 
          school facilities?
222.144-222.149 [Reserved]

 Subpart J_Impact Aid Administrative Hearings and Judicial Review Under 
                         Section 8011 of the Act

222.150 What is the scope of this subpart?
222.151 When is an administrative hearing provided to a local 
          educational agency?
222.152 When may a local educational agency request reconsideration of a 
          determination?
222.153 How must a local educational agency request an administrative 
          hearing?
222.154 How must written submissions under this subpart be filed?
222.155 When and where is an administrative hearing held?
222.156 How is an administrative hearing conducted?
222.157 What procedures apply for issuing or appealing an administrative 
          law judge's decision?
222.158 What procedures apply to the Secretary's review of an initial 
          decision?
222.159 When and where does a party seek judicial review?

         Subpart K_Determinations Under Section 8009 of the Act

222.160 What are the scope and purpose of this subpart?
222.161 How is State aid treated under section 8009 of the Act?
222.162 What disparity standard must a State meet in order to be 
          certified and how are disparities in current expenditures or 
          revenues per pupil measured?
222.163 What proportion of Impact Aid funds may a State take into 
          consideration upon certification?
222.164 What procedures does the Secretary follow in making a 
          determination under section 8009?
222.165 What procedures does the Secretary follow after making a 
          determination under section 8009?
222.166-222.169 [Reserved]

Appendix to Subpart K--Determinations Under Section 8009 of the Act--
          Methods of Calculations for Treatment of Impact Aid Payments 
          Under State Equalization Programs

  Subpart L_Impact Aid Discretionary Construction Grant Program Under 
                       Section 8007(b) of the Act

                                 General

222.170 What is the purpose of the Impact Aid Discretionary Construction 
          grant program (Section 8007(b) of the Act)?
222.171 What LEAs may be eligible for Discretionary Construction grants?
222.172 What activities may an LEA conduct with funds received under 
          this program?
222.173 What activities will not receive funding under a Discretionary 
          Construction grant?
222.174 What prohibitions apply to these funds?
222.175 What regulations apply to recipients of funds under this 
          program?
222.176 What definitions apply to this program?

                               Eligibility

222.177 What eligibility requirements must an LEA meet to apply for an 
          emergency grant under the first priority?
222.178 What eligibility requirements must an LEA meet to apply for an 
          emergency grant under the second priority?
222.179 Under what circumstances may an ineligible LEA apply on behalf 
          of a school for an emergency grant under the second priority?
222.180 What eligibility requirements must an LEA meet to apply for a 
          modernization grant under the third priority?
222.181 What eligibility requirements must an LEA meet to apply for a 
          modernization grant under the fourth priority?
222.182 Under what circumstances may an ineligible LEA apply on behalf 
          of a school for a modernization grant under the fourth 
          priority?

                        How To Apply for a Grant

222.183 How does an LEA apply for a grant?

[[Page 506]]

222.184 What information must an application contain?
222.185 What additional information must be included in an emergency 
          grant application?
222.186 What additional information must be included in a modernization 
          grant application?
222.187 Which year's data must an SEA or LEA provide?

                           How Grants Are Made

222.188 What priorities may the Secretary establish?
222.189 What funding priority does the Secretary give to applications?
222.190 How does the Secretary rank and select applicants?
222.191 What is the maximum award amount?
222.192 What local funds may be considered as available for this 
          project?
222.193 What other limitations on grant amounts apply?
222.194 Are ``in-kind'' contributions permissible?

             Conditions and Requirements Grantees Must Meet

222.195 How does the Secretary make funds available to grantees?
222.196 What additional construction and legal requirements apply?

    Authority: 20 U.S.C. 7701-7714, unless otherwise noted.

    Source: 60 FR 50778, Sept. 29, 1995, unless otherwise noted.



    The regulations in this part govern the provision of financial 
assistance under title VIII of the Elementary and Secondary Education 
Act of 1965 (ESEA) to local educational agencies (LEAs) in areas 
affected by Federal activities.

(Authority: 20 U.S.C. 7701-7714)