[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: 34CFR222.8]

[Page 483-484]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 222--IMPACT AID PROGRAMS--Table of Contents
 
                           Subpart A--General
 
Sec. 222.8  What action must an applicant take upon a change in its 
boundary, classification, control, governing authority, or identity?

    (a) Any applicant that is a party to an annexation, consolidation, 
deconsolidation, merger, or other similar action affecting its 
boundaries, classification, control, governing authority, or identity 
must provide the following information to the Secretary as soon as 
practicable:
    (1) A description of the character and extent of the change.
    (2) The effective date of the change.
    (3) Full identification of all predecessor and successor LEAs.
    (4) Full information regarding the disposition of the assets and 
liabilities of all predecessor LEAs.
    (5) Identification of the governing body of all successor LEAs.
    (6) The name and address of each authorized representative 
officially designated by the governing body of each successor LEA for 
purposes of the Act.
    (b) If a payment is made under section 8002 or 8003 to an LEA that 
has ceased to be a legally constituted entity during the regular school 
term due to an action described in paragraph (a) of this section, the 
LEA may retain that payment if--
    (1) An adjustment is made in the payment of a successor LEA to 
account for the payment to the predecessor LEA; or
    (2)(i) The payment amount does not exceed the amount the predecessor 
LEA would have been eligible to receive if the change in boundaries or 
organization had not taken place; and
    (ii) A successor LEA is not an eligible applicant.
    (c) A predecessor LEA receiving any portion of a payment under 
section 8002 or 8003 that exceeds the amount allowed by paragraph 
(b)(2)(i) of this section must return the excessive portion to the 
Secretary, unless the Secretary

[[Page 484]]

determines otherwise under section 8012 of the Act.

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

(Authority: 20 U.S.C. 7702 and 7703)