Title 34, Part 222 — Impact Aid Programs
141 sections
Section 222.1
What is the scope of this part?
Section 222.2
What definitions apply to this part?
Section 222.3
How does a local educational agency apply for assistance under section 8002 or 8003 of the Act?
Section 222.4
How does the Secretary determine when an application is timely filed?
Section 222.5
When may a local educational agency amend its application?
Section 222.6
Which applications does the Secretary accept?
Section 222.7
What information may a local educational agency submit after the application deadline?
Section 222.8
What action must an applicant take upon a change in its boundary, classification, control, governing authority, or identity?
Section 222.9
What records must a local educational agency maintain?
Section 222.10
How long must a local educational agency retain records?
Section 222.11
How does the Secretary recover overpayments?
Section 222.12
What overpayments are eligible for forgiveness under section 8012 of the Act?
Section 222.13
What overpayments are not eligible for forgiveness under section 8012 of the Act?
Section 222.14
What requirements must a local educational agency meet for an eligible overpayment to be forgiven in whole or part?
Section 222.15
How are the filing deadlines affected by requests for other forms of relief?
Section 222.16
What information and documentation must a local educational agency submit for an eligible overpayment to be considered for forgiveness?
Section 222.17
How does the Secretary determine undue financial hardship and serious harm to a local educational agency's educational program?
Section 222.18
What amount does the Secretary forgive?
Section 222.19
What other statutes and regulations apply to this part?
Section 222.20
What definitions apply to this subpart?
Section 222.21
What requirements must a local educational agency meet concerning Federal acquisition of real property within the local educational agency?
Section 222.22
How does the Secretary treat compensation from Federal activities for purposes of determining eligibility and payments?
Section 222.23
How are consolidated LEAs treated for the purposes of eligibility and payment under section 7002?
Section 222.24
How does a local educational agency that has multiple tax rates for real property classifications derive a single real property tax rate?
Section 222.25-222.29
§§ 222.25-222.29 [Reserved]
Section 222.30
What is “free public education”?
Section 222.31
To which local educational agencies does the Secretary make basic support payments under section 8003(b) of the Act?
Section 222.32
What information does the Secretary use to determine a local educational agency's basic support payment?
Section 222.33
When must an applicant make its first or only membership count?
Section 222.34
If an applicant makes a second membership count, when must that count be made?
Section 222.35
How does a local educational agency count the membership of its federally connected children?
Section 222.36
How many federally connected children must a local educational agency have to receive a payment under section 8003?
Section 222.37
How does the Secretary calculate the average daily attendance of federally connected children?
Section 222.38
What is the maximum basic support payment that a local educational agency may receive under section 8003(b)(1)?
Section 222.39
How does a State educational agency identify generally comparable local educational agencies for local contribution rate purposes?
Section 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?
Section 222.41
How does a State educational agency compute and certify local contribution rates based upon generally comparable local educational agencies?
Section 222.42
[Reserved]
Section 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?
Section 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?
Section 222.45-222.49
§§ 222.45-222.49 [Reserved]
Section 222.50
What definitions apply to this subpart?
Section 222.51
Which children may a local educational agency count for payment under section 8003(d) of the Act?
Section 222.52
What requirements must a local educational agency meet to receive a payment under section 8003(d)?
Section 222.53
What restrictions and requirements apply to the use of funds provided under section 8003(d)?
Section 222.54
What supplement-not-supplant requirement applies to this subpart?
Section 222.55
What other statutes and regulations are applicable to this subpart?
Section 222.56-222.59
§§ 222.56-222.59 [Reserved]
Section 222.60
What are the scope and purpose of this subpart?
Section 222.61
What data are used to determine a local educational agency's eligibility under section 8003(b)(2) of the Act?
Section 222.62
How are local educational agencies determined eligible under section 8003(b)(2)?
Section 222.63
When is a local educational agency eligible as a continuing applicant for payment under section 8003(b)(2)(B)?
Section 222.64
When is a local educational agency eligible as a new applicant for payment under section 8003(b)(2)(C)?
Section 222.65
What other requirements must a local educational agency meet to be eligible for financial assistance under section 8003(b)(2)?
Section 222.66
How does a local educational agency lose and resume eligibility under section 8003(b)(2)?
Section 222.67
How may a State aid program affect a local educational agency's eligibility for assistance under section 8003(b)(2)?
Section 222.68
How does the Secretary determine whether a fiscally independent local educational agency meets the applicable tax rate requirement?
Section 222.69
What tax rates does the Secretary use if real property is assessed at different percentages of true value?
Section 222.70
What tax rates does the Secretary use if two or more different classifications of real property are taxed at different rates?
Section 222.71
What tax rates may the Secretary use if substantial local revenues are derived from local tax sources other than real property taxes?
Section 222.72
How does the Secretary determine whether a fiscally dependent local educational agency meets the applicable tax rate requirement?
Section 222.73
What information must the State educational agency provide?
Section 222.74
How does the Secretary identify generally comparable local educational agencies for purposes of section 8003(b)(2)?
Section 222.75
How does the Secretary compute the average per pupil expenditure of generally comparable local educational agencies under this subpart?
Section 222.76-222.79
§§ 222.76-222.79 [Reserved]
Section 222.90
What definitions apply to this subpart?
Section 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?
Section 222.92
What additional statutes and regulations apply to this subpart?
Section 222.93
[Reserved]
Section 222.94
What are the responsibilities of the LEA with regard to Indian policies and procedures?
Section 222.95
How are Indian policies and procedures reviewed to ensure compliance with the requirements in section 8004(a) of the Act?
Section 222.96-222.101
§§ 222.96-222.101 [Reserved]
Section 222.102
Who may file a complaint about a local educational agency's Indian policies and procedures?
Section 222.103
What must be included in a complaint?
Section 222.104
When does the Assistant Secretary consider a complaint received?
Section 222.105-222.107
§§ 222.105-222.107 [Reserved]
Section 222.108
What actions must be taken upon receipt of a complaint?
Section 222.109
When may a local educational agency reply to a complaint?
Section 222.110
What are the procedures for conducting a hearing on a local educational agency's Indian policies and procedures?
Section 222.111
What is the authority of the hearing examiner in conducting a hearing?
Section 222.112
What procedures are followed after the hearing?
Section 222.113
What are the responsibilities of the Assistant Secretary after the hearing?
Section 222.114
How does the Assistant Secretary implement the provisions of this subpart?
Section 222.115
When does the Assistant Secretary withhold payments from a local educational agency under this subpart?
Section 222.116
How are withholding procedures initiated under this subpart?
Section 222.117
What procedures are followed after the Assistant Secretary issues a notice of intent to withhold payments?
Section 222.118
How are withholding hearings conducted in this subpart?
Section 222.119
What is the effect of withholding under this subpart?
Section 222.120
When is a local educational agency exempt from withholding of payments?
Section 222.121
How does the affected Indian tribe or tribes request that payments to a local educational agency not be withheld?
Section 222.122
What procedures are followed if it is determined that the local educational agency's funds will not be withheld under this subpart?
Section 222.123-222.129
§§ 222.123-222.129 [Reserved]
Section 222.140
What definitions apply to this subpart?
Section 222.141
For what types of projects may the Secretary provide assistance under section 8008 of the Act?
Section 222.142
What terms and conditions apply to minimum school facilities operated under section 8008 by another agency?
Section 222.143
What terms and conditions apply to the transfer of minimum school facilities?
Section 222.144-222.149
§§ 222.144-222.149 [Reserved]
Section 222.150
What is the scope of this subpart?
Section 222.151
When is an administrative hearing provided to a local educational agency?
Section 222.152
When may a local educational agency request reconsideration of a determination?
Section 222.153
How must a local educational agency request an administrative hearing?
Section 222.154
How must written submissions under this subpart be filed?
Section 222.155
When and where is an administrative hearing held?
Section 222.156
How is an administrative hearing conducted?
Section 222.157
What procedures apply for issuing or appealing an administrative law judge's decision?
Section 222.158
What procedures apply to the Secretary's review of an initial decision?
Section 222.159
When and where does a party seek judicial review?
Section 222.160
What are the scope and purpose of this subpart?
Section 222.161
How is State aid treated under section 7009 of the Act?
Section 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?
Section 222.163
What proportion of Impact Aid funds may a State take into consideration upon certification?
Section 222.164
What procedures does the Secretary follow in making a determination under section 7009?
Section 222.165
What procedures does the Secretary follow after making a determination under section 8009?
Section 222.166-222.169
§§ 222.166-222.169 [Reserved]
Section 222.170
What is the purpose of the Impact Aid Discretionary Construction grant program (Section 8007(b) of the Act)?
Section 222.171
What LEAs may be eligible for Discretionary Construction grants?
Section 222.172
What activities may an LEA conduct with funds received under this program?
Section 222.173
What activities will not receive funding under a Discretionary Construction grant?
Section 222.174
What prohibitions apply to these funds?
Section 222.175
What regulations apply to recipients of funds under this program?
Section 222.176
What definitions apply to this program?
Section 222.177
What eligibility requirements must an LEA meet to apply for an emergency grant under the first priority?
Section 222.178
What eligibility requirements must an LEA meet to apply for an emergency grant under the second priority?
Section 222.179
Under what circumstances may an ineligible LEA apply on behalf of a school for an emergency grant under the second priority?
Section 222.180
What eligibility requirements must an LEA meet to apply for a modernization grant under the third priority?
Section 222.181
What eligibility requirements must an LEA meet to apply for a modernization grant under the fourth priority?
Section 222.182
Under what circumstances may an ineligible LEA apply on behalf of a school for a modernization grant under the fourth priority?
Section 222.183
How does an LEA apply for a grant?
Section 222.184
What information must an application contain?
Section 222.185
What additional information must be included in an emergency grant application?
Section 222.186
What additional information must be included in a modernization grant application?
Section 222.187
Which year's data must an SEA or LEA provide?
Section 222.188
What priorities may the Secretary establish?
Section 222.189
What funding priority does the Secretary give to applications?
Section 222.190
How does the Secretary rank and select applicants?
Section 222.191
What is the maximum award amount?
Section 222.192
What local funds may be considered as available for this project?
Section 222.193
What other limitations on grant amounts apply?
Section 222.194
Are “in-kind” contributions permissible?
Section 222.195
How does the Secretary make funds available to grantees?
Section 222.196
What additional construction and legal requirements apply?