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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 34 - Education |
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Subtitle B - Regulations of the Offices of the Department of Education |
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Chapter II - Office of Elementary and Secondary Education, Department of Education |
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Part 222 - Impact Aid Programs |
| 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? |
| §§ 222.24--222.29 - [Reserved] |
| §§ 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? |
| § 222.41 - 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? |
| §§ 222.42--222.49 - [Reserved] |
| §§ 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 - What does the Secretary do if appropriation levels are insufficient to pay in full the amounts calculated under 222.72 and 222.73? |
| §§ 222.76--222.79 - [Reserved] |
| §§ 222.77--222.79 - [Reserved] |
| Subpart F - XXX |
| § 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 7003 of the Act for children residing on Indian lands? |
| § 222.92 - What additional statutes and regulations apply to this subpart? |
| § 222.93 - [Reserved] |
| 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] |
| 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? |
| § 222.108 - 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? |
| §§ 222.105--222.107 - [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] |
| Subpart H - XXX |
| 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? |
| Appendix to Subpart K - Determinations Under Section 8009of the Act - Methods of Calculations for Treatment of Impact Aid Payments Under State Equalization Programs |
| 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 |
| §§ 222.166--222.169 - [Reserved] |
| Subpart L - Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act |
| 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? |
| 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? |
| 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? |