---
kind: "section"
citation: "34 C.F.R. § 222.61"
title: "34"
number: "222.61"
heading: "What data are used to determine a local educational agency's eligibility under section 8003(b)(2) of the Act?"
url: "https://uscodex.org/cfr/34/222.61"
---

# §222.61. What data are used to determine a local educational agency's eligibility under section 8003(b)(2) of the Act?

- (a) Computations and determinations made with regard to an LEA's eligibility under [section 8003(b)(2)](/cfr/34/8003.md?p=b-2) in [§§ 222.61 through 222.66](/cfr/34/222.61..222.66.md) of these regulations are based on the LEA's final student, revenue, expenditure, and tax data from the third fiscal year preceding the fiscal year for which it seeks assistance.
- (b) Except for an LEA described in [§ 222.64(a)(3)(ii)](/cfr/34/222.64.md?p=a-3-ii), the LEAs used for meeting the applicable tax rate requirement are the comparable LEAs that are identified in [§ 222.74](/cfr/34/222.74.md) or all LEAs in the applicant's State.
- (c) As used in this subpart, the phrase “tax rate for general fund purposes” means “local real property tax rates for current expenditures purposes” as defined in [§ 222.2](/cfr/34/222.2.md). “Current expenditures” is defined in [section 8013(4)](/cfr/34/8013.md?p=4) of the ESEA.

## Notes

### Source

Source: 80 FR 33166, June 11, 2015, unless otherwise noted.

### 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.