---
kind: "section"
citation: "34 C.F.R. § 222.179"
title: "34"
number: "222.179"
heading: "Under what circumstances may an ineligible LEA apply on behalf of a school for an emergency grant under the second priority?"
url: "https://uscodex.org/cfr/34/222.179"
---

# §222.179. Under what circumstances may an ineligible LEA apply on behalf of a school for an emergency grant under the second priority?


An LEA that is eligible to receive [section 8003(b)](/cfr/34/8003.md?p=b) assistance for the fiscal year but that does not meet the other eligibility criteria described in § [222.178(a)](/cfr/34/222.178.md?p=a) or [(b)](/cfr/34/222.178.md?p=b) may apply on behalf of a school located within its geographic boundaries for an emergency grant under the second priority of section 8007(b) of the Act if—

- (a) **The school—**
  - (1) Enrolls children living on Indian lands equal to at least 40 percent of the total number of children in ADA; or
  - (2) Enrolls children with a parent in the U.S. uniformed services equal to at least 40 percent of the total number of children in ADA;
- (b) The school has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel;
- (c) The LEA has used at least 75 percent of its bond limit; and
- (d) The LEA has an average per-student assessed value of real property available to be taxed for school purposes that is below its State average.

## 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.