34 C.F.R. § 222.62

How are local educational agencies determined eligible under section 8003(b)(2)?

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(a) An applicant that wishes to be considered to receive a heavily impacted payment must submit the required information indicating tax rate eligibility under §§ 222.63 or 222.64 with the annual section 7003 Impact Aid application. Final LEA tax rate eligibility must be verified by the SEA under the process described in § 222.73.

(b) An LEA that is eligible to apply for a “continuing” heavily impacted payment under section 8003(b)(2)(B) is one that received a heavily impacted LEA payment for fiscal year 2000 and that meets eligibility requirements specified in § 222.63.

(c) An LEA that is eligible to apply for a “new” heavily impacted payment under section 8003(b)(2)(C) is one that did not receive see above and throughout the section for fiscal year 2000 and that meets eligibility requirements specified in § 222.64 for two consecutive application years.

(Authority: 20 U.S.C. 7703(b)(2)) [80 FR 33166, June 11, 2015, as amended at 81 FR 64743, Sept. 20, 2016]

Notes of Decisions

Cited in 1 case, 1983–1983 · leading case: Gwinn Area Cmty. Schs. v. State of Mich., 574 F. Supp. 736 (W.D. Mich. 1983).

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Gwinn Area Cmty. Schs. v. State of Mich., 574 F. Supp. 736 (W.D. Mich. 1983). “I am satisfied that an initial determination of plaintiffs’ contentions that the Michigan formula fails to equalize state aid among school districts will be of substantial assistance in resolving plaintiffs’ claims. Although plaintiffs’ have alleged irreparable harm will result…”

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