---
kind: "section"
citation: "34 C.F.R. § 222.66"
title: "34"
number: "222.66"
heading: "How does a local educational agency lose and resume eligibility under section 8003(b)(2)?"
url: "https://uscodex.org/cfr/34/222.66"
---

# §222.66. How does a local educational agency lose and resume eligibility under section 8003(b)(2)?

- (a) A continuing heavily impacted LEA that fails to meet the eligibility requirements in [§ 222.63](/cfr/34/222.63.md) in any fiscal year or a new heavily impacted LEA that received a [section 8003(b)(2)](/cfr/34/8003.md?p=b-2) payment but then fails to meet the eligibility requirements in [§ 222.64](/cfr/34/222.64.md) will still receive a heavily impacted payment in the first year of ineligibility, based on the number of children in ADA that would be counted for that application if the LEA were eligible.
- (b)
  - (1) A continuing heavily impacted LEA may resume eligibility for a heavily impacted payment if it applies in the fiscal year preceding the year for which it seeks eligibility and it meets the eligibility requirements in [§ 222.63](/cfr/34/222.63.md) for both fiscal years.
  - (2) In the first fiscal year that a continuing heavily impacted LEA qualifies to resume eligibility, it cannot receive a heavily impacted payment but instead will receive a basic support payment under [section 8003(b)(1)](/cfr/34/8003.md?p=b-1) for that year.
- (c) A new heavily impacted LEA may resume eligibility for a heavily impacted payment if it meets the eligibility requirements in [§ 222.64](/cfr/34/222.64.md) for the fiscal year for which it seeks a payment.

## 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.