[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: 34CFR222.64]

[Page 532]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 222_IMPACT AID PROGRAMS--Table of Contents
 
 Subpart E_Additional Assistance for Heavily Impacted Local Educational 
                Agencies Under Section 8003(f) of the Act
 
Sec. 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)?

    Subject to Sec. 222.65, an LEA described in Sec. 222.62(d) is 
eligible for financial assistance under section 8003(f)(2)(B) if the 
Secretary determines that the LEA meets all of the following 
requirements--
    (a) The LEA complies with the requirements of Sec. 222.63(a)-(d).
    (b)(1) As part of its section 8003(f) application, the LEA provides 
the Secretary with documentation that demonstrates that the LEA is 
unable to provide a level of education equivalent to that provided by 
its generally comparable LEAs because--
    (i) The applicant's current expenditures are affected by unusual 
geographical factors; and
    (ii) As a result, those current expenditures are not reasonably 
comparable to the current expenditures of its generally comparable LEAs.
    (2) The LEA's application must include--
    (i) A specific description of the unusual geographical factors on 
which the applicant is basing its request for compensation under this 
section and objective data demonstrating that the applicant is more 
severely affected by these factors than any other LEA in its State;
    (ii) Objective data demonstrating the specific ways in which the 
unusual geographical factors affect the applicant's current expenditures 
so that they are not reasonably comparable to the current expenditures 
of its generally comparable LEAs;
    (iii) Objective data demonstrating the specific ways in which the 
unusual geographical factors prevent the applicant from providing a 
level of education equivalent to that provided by its generally 
comparable LEAs; and
    (iv) Any other information that the Secretary may require to make an 
eligibility determination under this section.

(Approved by the Office of Management and Budget under control number 
1810-0036)

(Authority: 20 U.S.C. 7703(f))