US Codex
C.F.R.
Browse by date

View an earlier version

Latest
Current
Browse all versions by date
Notes

34 C.F.R. §§ 222.33–222.35

3 sections in range

§222.33. When must an applicant make its first or only membership count?

34 C.F.R. § 222.33

(a)
(1)
An applicant must select a day in the current school year as the survey date for making the first membership count, which must be no earlier than the fourth day of the regular school year and before January 31.
(2)
The applicant must use the same survey date for all schools in the LEA.
(b)
As of the survey date, the applicant must—
(1)
Count the membership of its federally connected children; and
(2)
Count the total membership of its children— both federally connected and non-federally connected.
(c)
The data on the application resulting from the count in paragraph (b) of this section must be accurate and verifiable by the application deadline.
Notes, amendments, and revision history

Amendments

[60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33163, June 11, 2015; 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

[60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33163, June 11, 2015; 81 FR 64741, Sept. 20, 2016]

§222.34. If an applicant makes a second membership count, when must that count be made?

34 C.F.R. § 222.34

(a)
(1)
The applicant may, but is not required to, make a second count of membership.
(2)
If the applicant chooses to make a second count of membership, the applicant must select a day after January 31, but no later than May 14, as the survey date for making the second membership count, and make that count in accordance with § 222.33(b).
(3)
The applicant must use the same survey date for the second membership count for all schools in the LEA.
(b)
The applicant may use the information obtained from a second membership count to amend its application for assistance as described in § 222.5(b).
Notes, amendments, and revision history

Amendments

[60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33163, June 11, 2015]

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

[60 FR 50778, Sept. 29, 1995, as amended at 80 FR 33163, June 11, 2015]

§222.35. How does a local educational agency count the membership of its federally connected children?

34 C.F.R. § 222.35

An applicant counts the membership of its federally connected children using one of the following methods:
(a)
Parent-pupil survey. An applicant may conduct a parent-pupil survey to count the membership of its federally connected children, which must be counted as of the survey date.
(1)
The applicant shall conduct a parent-pupil survey by providing a form to a parent of each pupil enrolled in the LEA to substantiate the pupil's place of residence and the parent's place of employment.
(2)
A parent-pupil survey form must include the following:
(i)
Pupil enrollment information (this information may also be obtained from school records), including—
(A)
Name of pupil;
(B)
Date of birth of the pupil; and
(C)
Name of public school and grade of the pupil.
(ii)
Pupil residence information, including—
(A)
The complete address of the pupil's residence, or other acceptable location information for that residence, such as a complete legal description, a complete U.S. Geological Survey number, or complete property tract or parcel number, or acceptable certification by a Federal agency official with access to data or records to verify the location of the Federal property; and
(B)
If the pupil's residence is on Federal property, the name of the Federal facility.
(3)
If any of the following circumstances apply, the parent-pupil survey form must also include the following:
(i)
If the parent is employed on Federal property, except for a parent who is a member of the uniformed services on active duty, parent employment information, including—
(A)
Name (as it appears on the employer's payroll record) of the parent (mother, father, legal guardian or other person standing in loco parentis) who is employed on Federal property and with whom the pupil resides; and
(B)
Name of employer, name and complete address of the Federal property on which the parent is employed (or other acceptable location information, such as a complete legal description or acceptable certification by a Federal agency).
(ii)
If the parent is a member of the uniformed services on active duty, the name, rank, and branch of service of that parent.
(iii)
If the parent is both an official of, and accredited by a foreign government, and a foreign military officer, the name, rank, and country of service.
(iv)
If the parent is a civilian employed on a Federal vessel, the name of the vessel, hull number, homeport, and name of the controlling agency.
(4)
(i)
Every parent-pupil survey form must include the signature of the parent supplying the information, except as provided in paragraph (a)(4)(ii) of this section, and the date of such signature, which must be on or after the survey date.
(ii)
An LEA may accept an unsigned parent-pupil survey form, or a parent-pupil survey form that is signed by a person other than a parent, only under unusual circumstances. In those instances, the parent-pupil survey form must show why the parent did not sign the survey form, and when, how, and from whom the residence and employment information was obtained. Unusual circumstances may include, but are not limited to:
(A)
A pupil who, on the survey date, resided with a person without full legal guardianship of the child while the pupil's parent or parents were deployed for military duty. In this case, the person with whom the child is residing may sign the parent-pupil survey form.
(B)
A pupil who, on the survey date, was a ward of the juvenile justice system. In this case, an administrator of the institution where the pupil was held on the survey date may sign the parent-pupil survey form.
(C)
A pupil who, on the survey date, was an emancipated youth may sign his or her own parent-pupil survey form.
(D)
A pupil who, on the survey date, was at least 18 years old but who was not past the 12th grade may sign his or her own parent-pupil survey form.
(iii)
The Department does not accept a parent-pupil survey form signed by an employee of the school district who is not the student's mother, father, legal guardian or other person standing in loco parentis.
(b)
Source check. A source check is a type of survey tool that groups children being claimed on the Impact Aid application by Federal property. This form is used in lieu of the parent-pupil survey form to substantiate a pupil's place of residence or parent's place of employment on the survey date.
(1)
The source check must include sufficient information to determine the eligibility of the Federal property and the individual children claimed on the form.
(2)
A source check may also include:
(i)
Certification by a parent's employer regarding the parent's place of employment;
(ii)
Certification by a military or other Federal housing official as to the residence of each pupil claimed;
(iii)
Certification by a military personnel official regarding the military active duty status of the parent of each pupil claimed as active duty uniformed services; or
(iv)
Certification by the Bureau of Indian Affairs (BIA) or authorized tribal official regarding the eligibility of Indian lands.
(c)
Another method approved by the Secretary.
Notes, amendments, and revision history

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]