34 CFR Part 222
PART 222—IMPACT AID PROGRAMS
- PART 222—IMPACT AID PROGRAMS
- Subtitle B—Regulations of the Offices of the Department of Education › Chapter II—Office of Elementary and Secondary Education, Department of Education
- Subpart A—General
- § 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 a local educational agency 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 are consolidated LEAs treated for the purposes of eligibility and payment under section 7002?
- § 222.24 How does a local educational agency that has multiple tax rates for real property classifications derive a single real property tax rate?
- §§ 222.25-222.29 [Reserved]
- Subpart C—Payments for Federally Connected Children Under Section 8003(b) 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 What information does the Secretary use to determine a local educational agency's basic support payment?
- § 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 How many federally connected children must a local educational agency have to receive a payment under section 8003?
- § 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)(1)?
- § 222.39 How does a State educational agency identify generally comparable local educational agencies for local contribution rate purposes?
- § 222.40 What procedures does a State educational agency use for certain local educational agencies to determine generally comparable local educational agencies using additional factors, for local contribution rate purposes?
- § 222.41 How does a State educational agency compute and certify local contribution rates based upon generally comparable local educational agencies?
- § 222.42 [Reserved]
- § 222.43 What requirements must a local educational agency meet in order to be eligible for financial assistance under section 8003(b)(1)(F) due to unusual geographic features?
- § 222.44 How does the Secretary determine a maximum payment for local educational agencies that are eligible for financial assistance under section 8003(b)(1)(F) and § 222.43?
- §§ 222.45-222.49 [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—Payments for Heavily Impacted Local Educational Agencies Under Section 8003(b)(2) of the Act
- § 222.60 What are the scope and purpose of this subpart?
- § 222.61 What data are used to determine a local educational agency's eligibility under section 8003(b)(2) of the Act?
- § 222.62 How are local educational agencies determined eligible under section 8003(b)(2)?
- § 222.63 When is a local educational agency eligible as a continuing applicant for payment under section 8003(b)(2)(B)?
- § 222.64 When is a local educational agency eligible as a new applicant for payment under section 8003(b)(2)(C)?
- § 222.65 What other requirements must a local educational agency meet to be eligible for financial assistance under section 8003(b)(2)?
- § 222.66 How does a local educational agency lose and resume eligibility under section 8003(b)(2)?
- § 222.67 How may a State aid program affect a local educational agency's eligibility for assistance under section 8003(b)(2)?
- § 222.68 How does the Secretary determine whether a fiscally independent local educational agency meets the applicable tax rate requirement?
- § 222.69 What tax rates does the Secretary use if real property is assessed at different percentages of true value?
- § 222.70 What tax rates does the Secretary use if two or more different classifications of real property are taxed at different rates?
- § 222.71 What tax rates may the Secretary use if substantial local revenues are derived from local tax sources other than real property taxes?
- § 222.72 How does the Secretary determine whether a fiscally dependent local educational agency meets the applicable tax rate requirement?
- § 222.73 What information must the State educational agency provide?
- § 222.74 How does the Secretary identify generally comparable local educational agencies for purposes of section 8003(b)(2)?
- § 222.75 How does the Secretary compute the average per pupil expenditure of generally comparable local educational agencies under this subpart?
- §§ 222.76-222.79 [Reserved]
- Subpart F [Reserved]
- 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 7003 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 are the responsibilities of the LEA with regard to Indian policies and procedures?
- § 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 7009 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 7009?
- § 222.165 What procedures does the Secretary follow after making a determination under section 8009?
- §§ 222.166-222.169 [Reserved]
- Appendix to Subpart K of Part 222—Determinations Under Section 8009 of the Act—Methods of Calculations for Treatment of 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?
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