---
kind: "section"
citation: "34 C.F.R. § 222.173"
title: "34"
number: "222.173"
heading: "What activities will not receive funding under a Discretionary Construction grant?"
url: "https://uscodex.org/cfr/34/222.173"
---

# §222.173. What activities will not receive funding under a Discretionary Construction grant?


The Secretary does not fund the following activities under a Discretionary Construction grant:

- (a) Improvements to facilities for which the LEA does not have full title or other interest, such as a lease-hold interest.
- (b) Improvements to or repairs of school grounds, such as environmental remediation, traffic remediation, and landscaping, that do not directly involve instructional facilities.
- (c) Repair, renovation, alteration, or construction for stadiums or other facilities that are primarily used for athletic contests, exhibitions, and other events for which admission is charged to the general public.
- (d) **Improvements to or repairs of teacher housing.**
- (e) Except in the limited circumstances as provided in [§ 222.172(c)](/cfr/34/222.172.md?p=c), when new construction is permissible, acquisition of any interest in real property.
- (f) **Maintenance costs associated with any of an LEA's school facilities.**

## 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.