---
kind: "section"
citation: "34 C.F.R. § 222.178"
title: "34"
number: "222.178"
heading: "What eligibility requirements must an LEA meet to apply for an emergency grant under the second priority?"
url: "https://uscodex.org/cfr/34/222.178"
---

# §222.178. What eligibility requirements must an LEA meet to apply for an emergency grant under the second priority?


Except as provided in [§ 222.179](/cfr/34/222.179.md), an LEA is eligible to apply for an emergency grant under the second priority of section 8007(b) of the Act if it—

- (a) Is eligible to receive funds for the fiscal year under section 8003(b) of the Act;
- (b)
  - (1) Enrolls federally connected children living on Indian lands equal to at least 40 percent of the total number of children in average daily attendance (ADA) in its schools; or
  - (2) Enrolls federally connected children with a parent in the U.S. uniformed services equal to at least 40 percent of the total number of children in ADA in its schools;
- (c) Has used at least 75 percent of its bond limit;
- (d) Has an average per-student assessed value of real property available to be taxed for school purposes that is below its State average; and
- (e) Has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel.

## 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.