[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR222.36]

[Page 453-454]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 222_IMPACT AID PROGRAMS--Table of Contents
 
   Subpart C_Payments for Federally Connected Children Under Section 
                       8003(b) and (e) of the Act
 
Sec. 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)?

    (a) Except as provided in paragraph (d) of this section, an LEA is 
eligible to receive a payment under section 8003(b) (basic support and 
learning opportunity threshold) and (e) (hold harmless) for a fiscal 
year only if the total number of its eligible federally connected 
children for whom it provided a free public education for the preceding 
fiscal year was--
    (1) At least 400 who were in average daily attendance (ADA); or
    (2) At least 3 percent of the total number of children in ADA.
    (b) Except as provided in paragraph (d) of this section, an 
applicant LEA is eligible to receive a payment under section 8003 for a 
fiscal year on behalf of federally connected children described in 
section 8003(a)(1)(F) or (G) only if the total number of those children 
for whom it provided a free public education for the preceding fiscal 
year was at least--
    (1) 1,000 in ADA; or
    (2) 10 percent of the total number of children in ADA.
    (c) Children described in paragraph (b) of this section are counted 
for the

[[Page 454]]

purposes of paragraph (a) of this section only if the applicant LEA is 
eligible to receive a payment on behalf of those children under section 
8003.
    (d) This section does not apply to hold harmless payments under 
section 8003(e) for fiscal year 1995.

(Authority: 20 U.S.C. 7703(a)(3) and (b)(1)(B))

[60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35415, July 1, 1997]