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Part 222
FEDERAL · 34 CFR
Part 222 — Impact Aid Programs
141 sections · Title 34: Education
§ 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?
§ 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
§§ 222.25-222.29 [Reserved]
§ 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
§ 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
§§ 222.45-222.49 [Reserved]
§ 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
§§ 222.56-222.59 [Reserved]
§ 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
§§ 222.76-222.79 [Reserved]
§ 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
§ 222.93 [Reserved]
§ 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
§§ 222.96-222.101 [Reserved]
§ 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
§§ 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?
§ 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
§§ 222.123-222.129 [Reserved]
§ 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
§§ 222.144-222.149 [Reserved]
§ 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?
§ 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
§§ 222.166-222.169 [Reserved]
§ 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?
§ 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?
§ 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?
§ 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?
§ 222.195
How does the Secretary make funds available to grantees?
§ 222.196
What additional construction and legal requirements apply?