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?
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?
- § 222.43— 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?
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?
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?
Subpart G — Special Provisions for Local Educational Agencies That Claim Children Residing on Indian Lands
- § 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?
- § 222.94— 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?
- § 222.102— 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?
- § 222.114— 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?
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?
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?
Subpart L — Impact Aid Discretionary Construction Grant Program Under Section 8007(b) of the Act
- § 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?