---
kind: "section"
citation: "34 C.F.R. § 222.23"
title: "34"
number: "222.23"
heading: "How are consolidated LEAs treated for the purposes of eligibility and payment under section 7002?"
url: "https://uscodex.org/cfr/34/222.23"
---

# §222.23. How are consolidated LEAs treated for the purposes of eligibility and payment under section 7002?

- (a) **Eligibility.** An LEA formed by the consolidation of one or more LEAs is eligible for [section 7002](/cfr/34/7002.md) funds, notwithstanding [section 222.21(a)(1)](/cfr/34/222.21.md?p=a-1), if—
  - (1) The consolidation occurred prior to fiscal year 1995 or after fiscal year 2005; and
  - (2) **At least one of the former LEAs included in the consolidation—**
    - (i) Was eligible for [section 7002](/cfr/34/7002.md) funds in the fiscal year prior to the consolidation; and
    - (ii) Currently contains Federal property that meets the requirements of [§ 222.21(a)](/cfr/34/222.21.md?p=a) within the boundaries of the former LEA or LEAs.
- (b) **Documentation required.** In the first year of application following the consolidation, an LEA that meets the requirements of [paragraph (a)](#a) of this section must submit evidence that it meets the requirements of paragraphs [(a)(1)](#a-1) and [(a)(2)(ii)](#a-2-ii) of this section.
- (c) **Basis for foundation payment.**
  - (1) The foundation payment for a consolidated district is based on the total [section 7002](/cfr/34/7002.md) payment for the last fiscal year for which the former LEA received payment. When more than one former LEA qualifies under [paragraph (a)(2)](#a-2) of this section, the payments for the last fiscal year for which the former LEAs received payment are added together to calculate the foundation basis.
  - (2) Consolidated LEAs receive only a foundation payment and do not receive a payment from any remaining funds.

## Notes

### Amendments

[81 FR 64741, Sept. 20, 2016]

### 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.

### Amendments

[81 FR 64741, Sept. 20, 2016]