34 CFR §222.177
An LEA is eligible to apply for an emergency grant under the first priority of section 8007(b) of the Act if it—
- (a)Is eligible to receive formula construction funds for the fiscal year under section 8007(a) of the Act;
- (b)
- (1)Has no practical capacity to issue bonds;
- (2)Has minimal capacity to issue bonds and has used at least 75 percent of its bond limit; or
- (3)Is eligible to receive funds for the fiscal year for heavily impacted districts under section 8003(b)(2) of the Act; and
- (c)Has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel.