---
kind: "section"
citation: "34 C.F.R. § 222.172"
title: "34"
number: "222.172"
heading: "What activities may an LEA conduct with funds received under this program?"
url: "https://uscodex.org/cfr/34/222.172"
---

# §222.172. What activities may an LEA conduct with funds received under this program?

- (a) An LEA may use emergency grant funds received under this program only to repair, renovate, alter, and, in the limited circumstances described in [paragraph (c)](#c) of this section, replace a public elementary or secondary school facility used for free public education to ensure the health and safety of students and personnel, including providing accessibility for the disabled as part of a larger project.
- (b) An LEA may use modernization grant funds received under this program only to renovate, alter, retrofit, extend, and, in the limited circumstances described in [paragraph (c)](#c) of this section, replace a public elementary or secondary school facility used for free public education to provide school facilities that support a contemporary educational program for the LEA's students at normal capacity, and in accordance with the laws, standards, or common practices in the LEA's State.
- (c)
  - (1) An emergency or modernization grant under this program may be used for the construction of a new school facility but only if the Secretary determines—
    - (i) That the LEA holds title to the existing facility for which funding is requested; and
    - (ii) In consultation with the grantee, that partial or complete replacement of the facility would be less expensive or more cost-effective than improving the existing facility.
  - (2) When construction of a new school facility is permitted, emergency and modernization funds may be used only for a new school facility that is used for free public education. These funds may be used for the—
    - (i) Construction of instructional, resource, food service, and general or administrative support areas, so long as they are a part of the instructional facility; and
    - (ii) **Purchase of initial equipment or machinery, and initial utility connections.**

## Notes

### Source

Source: 69 FR 12235, Mar. 15, 2004, unless otherwise noted.

### Authority

Authority: 20 U.S.C. 7701-7714; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 60 FR 50778, Sept. 29, 1995, unless otherwise noted.