[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR222.1] [Page 497-500] TITLE 34--EDUCATION CHAPTER II--OFFICE OF ELEMENTARY AND 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? 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? [[Page 498]] 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? 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? [[Page 499]] 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? 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 [[Page 500]] 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? 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)