---
kind: "section"
citation: "34 C.F.R. § 222.38"
title: "34"
number: "222.38"
heading: "What is the maximum basic support payment that a local educational agency may receive under section 8003(b)(1)?"
url: "https://uscodex.org/cfr/34/222.38"
---

# §222.38. What is the maximum basic support payment that a local educational agency may receive under section 8003(b)(1)?

- (a) The maximum basic support payment that an LEA may receive under [section 8003(b)(1)](/cfr/34/8003.md?p=b-1) for any fiscal year is the sum of its total weighted student units under [section 8003(a)(2)](/cfr/34/8003.md?p=a-2) for the federally connected children eligible to be counted as the basis for payment, multiplied by the greater of the following:
  - (1) One-half of the State average per pupil expenditure for the third fiscal year preceding the fiscal year for which the LEA seeks assistance.
  - (2) One-half of the national average per pupil expenditure for the third fiscal year preceding the fiscal year for which the LEA seeks assistance.
  - (3) The local contribution rate (LCR) based on generally comparable LEAs determined in accordance with [§§ 222.39-222.41](/cfr/34/222.39-222.41.md).
  - (4) The State average per pupil expenditure for the third preceding fiscal year multiplied by the local contribution percentage as defined in section 8013(8) of the Act for that same year.
- (b) If satisfactory data from the third preceding fiscal year are not available for the expenditures described in paragraphs [(a)(1)](#a-1) or [(2)](#a-2), the Secretary uses data from the most recent fiscal year for which data that are satisfactory to the Secretary are available.

## Notes

### Amendments

[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

[80 FR 33163, June 11, 2015]