[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: 34CFR222.8]



[Page 505]

 

                           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.  222.8  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 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)