---
kind: "section"
citation: "34 C.F.R. § 222.64"
title: "34"
number: "222.64"
heading: "When is a local educational agency eligible as a new applicant for payment under section 8003(b)(2)(C)?"
url: "https://uscodex.org/cfr/34/222.64"
---

# §222.64. When is a local educational agency eligible as a new applicant for payment under section 8003(b)(2)(C)?


A new heavily impacted LEA must have—

- (a)
  - (1)
    - (i) Federally connected children equal to at least 50 percent of the total number of children in average daily attendance (ADA) in the LEA if children described in [section 8003(a)(1)(F)-(G)](/cfr/34/8003.md?p=a-1-F..a-1-G) are eligible to be counted for a [section 8003(b)(1)](/cfr/34/8003.md?p=b-1) payment; or
    - (ii) Federally connected children equal to at least 40 percent of the total number of children in ADA if children described in [section 8003(a)(1)(F)-(G)](/cfr/34/8003.md?p=a-1-F..a-1-G) are not eligible to be counted for a [section 8003(b)(1)](/cfr/34/8003.md?p=b-1) payment; and
  - (2)
    - (i) If the LEA has a total ADA of more than 350 children,
      - (A) A per pupil expenditure (PPE) that is less than the average of the State in which the LEA is located; and
      - (B) A tax rate for general fund purposes equal to at least 95 percent of the average tax rate of comparable LEAs identified in [§ 222.74](/cfr/34/222.74.md) or of all LEAs in the applicant's State; or
    - (ii) If the LEA has a total ADA of less than 350 children,
      - (A) A PPE that is less than the average PPE of one or three generally comparable LEAs identified in [§ 222.74(b)](/cfr/34/222.74.md?p=b); and
      - (B) A tax rate equal to at least 95 percent of the average tax rate of one or three generally comparable LEAs identified in [§ 222.74(b)](/cfr/34/222.74.md?p=b);
- (b) The same boundaries as those of a Federal military installation; or
- (c)
  - (1) The same boundaries as island property held in trust by the Federal government;
  - (2) No taxing authority; and
  - (3) **Received a payment under section 8003(b)(1) for fiscal year 2001.**

## 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.