[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: 34CFR222.64]



[Page 526]

 

                           TITLE 34--EDUCATION

 

                  CHAPTER II--OFFICE OF ELEMENTARY AND

              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION

 

PART 222_IMPACT AID PROGRAMS--Table of Contents

 

 Subpart E_Additional Assistance for Heavily Impacted Local Educational 

                Agencies Under Section 8003(f) of the Act

 

Sec.  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)?



    Subject to Sec.  222.65, an LEA described in Sec.  222.62(d) is 

eligible for financial assistance under section 8003(f)(2)(B) if the 

Secretary determines that the LEA meets all of the following 

requirements--

    (a) The LEA complies with the requirements of Sec.  222.63(a)-(d).

    (b)(1) As part of its section 8003(f) application, the LEA provides 

the Secretary with documentation that demonstrates that the LEA is 

unable to provide a level of education equivalent to that provided by 

its generally comparable LEAs because--

    (i) The applicant's current expenditures are affected by unusual 

geographical factors; and

    (ii) As a result, those current expenditures are not reasonably 

comparable to the current expenditures of its generally comparable LEAs.

    (2) The LEA's application must include--

    (i) A specific description of the unusual geographical factors on 

which the applicant is basing its request for compensation under this 

section and objective data demonstrating that the applicant is more 

severely affected by these factors than any other LEA in its State;

    (ii) Objective data demonstrating the specific ways in which the 

unusual geographical factors affect the applicant's current expenditures 

so that they are not reasonably comparable to the current expenditures 

of its generally comparable LEAs;

    (iii) Objective data demonstrating the specific ways in which the 

unusual geographical factors prevent the applicant from providing a 

level of education equivalent to that provided by its generally 

comparable LEAs; and

    (iv) Any other information that the Secretary may require to make an 

eligibility determination under this section.



(Approved by the Office of Management and Budget under control number 

1810-0036)



(Authority: 20 U.S.C. 7703(f))