[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: 34CFR222.36]



[Page 515]

 

                           TITLE 34--EDUCATION

 

                  CHAPTER II--OFFICE OF ELEMENTARY AND

              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 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]