---
kind: "section"
citation: "34 C.F.R. § 222.36"
title: "34"
number: "222.36"
heading: "How many federally connected children must a local educational agency have to receive a payment under section 8003?"
url: "https://uscodex.org/cfr/34/222.36"
---

# §222.36. How many federally connected children must a local educational agency have to receive a payment under section 8003?

- (a) An LEA is eligible to receive a payment under [section 8003](/cfr/34/8003.md) for a fiscal year only if the total number of eligible federally connected children for whom it provided a free public education for the preceding fiscal year was—
  - (1) At least 400 who were in average daily attendance (ADA); or
  - (2) **At least 3 percent of the total number of children in ADA.**
- (b) An LEA is eligible to receive a payment under [section 8003](/cfr/34/8003.md) for a fiscal year on behalf of federally connected children described in section [8003(a)(1)(F)](/cfr/34/8003.md?p=a-1-F) or [(G)](/cfr/34/8003.md?p=a-1-G) only if the total number of those children for whom it provided a free public education for the preceding fiscal year was—
  - (1) At least 1,000 in ADA; or
  - (2) **At least 10 percent of the total number of children in ADA.**
- (c) Children described in [paragraph (b)](#b) of this section are counted for the purposes of [paragraph (a)](#a) of this section only if the applicant LEA is eligible to receive a payment on behalf of those children under [section 8003](/cfr/34/8003.md).

## Notes

### Amendments

[60 FR 50778, Sept. 29, 1995, as amended at 62 FR 35415, July 1, 1997; 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 62 FR 35415, July 1, 1997; 80 FR 33163, June 11, 2015]