---
kind: "section"
citation: "34 C.F.R. § 222.67"
title: "34"
number: "222.67"
heading: "How may a State aid program affect a local educational agency's eligibility for assistance under section 8003(b)(2)?"
url: "https://uscodex.org/cfr/34/222.67"
---

# §222.67. How may a State aid program affect a local educational agency's eligibility for assistance under section 8003(b)(2)?


The Secretary determines that an LEA is not eligible for financial assistance under [section 8003(b)(2)](/cfr/34/8003.md?p=b-2) if—

- (a) The LEA is in a State that has an equalized program of State aid that meets the requirements of [section 8009](/cfr/34/8009.md); and
- (b) The State, in determining the LEA's eligibility for or amount of State aid, takes into consideration the portion of the LEA's payment under [section 8003(b)(2)](/cfr/34/8003.md?p=b-2) that exceeds what the LEA would receive under [section 8003(b)(1)](/cfr/34/8003.md?p=b-1).

## 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.