---
kind: "section"
citation: "34 C.F.R. § 222.44"
title: "34"
number: "222.44"
heading: "How does the Secretary determine a maximum payment for local educational agencies that are eligible for financial assistance under section 8003(b)(1)(F) and § 222.43?"
url: "https://uscodex.org/cfr/34/222.44"
---

# §222.44. How does the Secretary determine a maximum payment for local educational agencies that are eligible for financial assistance under section 8003(b)(1)(F) and § 222.43?


The Secretary determines a maximum payment under [section 8003(b)(1)(F)](/cfr/34/8003.md?p=b-1-F) for an eligible LEA, using data from the third preceding fiscal year, as follows:

- (a) Subject to [paragraph (b)](#b) of this section, the Secretary increases the eligible LEA's local contribution rate (LCR) for [section 8003(b)](/cfr/34/8003.md?p=b) payment purposes to the amount the Secretary determines will compensate the applicant for the increase in its current expenditures necessitated by the unusual geographic factors identified under [§ 222.43(b)(2)](/cfr/34/222.43.md?p=b-2).
- (b) **The Secretary does not increase the LCR under this section to an amount that is more than—**
  - (1) Is necessary to allow the applicant to provide a level of education equivalent to that provided by its generally comparable LEAs; or
  - (2) The per pupil share for all children in ADA of the increased current expenditures necessitated by the unusual geographic factors identified under [§ 222.43](/cfr/34/222.43.md), as determined by the Secretary.

## Notes

### Amendments

[80 FR 33165, 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 33165, June 11, 2015]