Section 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) are eligible to be counted for a section 8003(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) are not eligible to be counted for a section 8003(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 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) ; 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) ;(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. Authority: 20 U.S.C. 7703(b)(2)