[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR222.36]

[Page 493-494]
 
                           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

[[Page 494]]

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 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]