34 CFR 222.120 - When is a local educational agency exempt from withholding of payments?

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There are 2 Updates appearing in the Federal Register for 34 CFR Part 222. View below or at eCFR (GPOAccess)
§ 222.120 When is a local educational agency exempt from withholding of payments?
Except as provided in paragraph (d)(2) of this section, the Assistant Secretary does not withhold payments to an LEA under the following circumstances:
(a) The LEA documents that it has received a written statement from the affected Indian tribe or tribes that the LEA need not comply withsection 8004 (a) and (b) of the Act, because the affected Indian tribe or tribes is satisfied with the provision of educational services by the LEA to the children claimed on the LEA's application for assistance under section 8003 of the Act.
(b) The Assistant Secretary receives from the affected Indian tribe or tribes a written request that meets the requirements of§ 222.121 not to withhold payments from an LEA.
(c) The Assistant Secretary, on the basis of documentation provided by the LEA, determines that withholding payments during the course of the school year would substantially disrupt the educational programs of the LEA.
(d)
(1) The affected Indian tribe or tribes elects to have educational services provided by the Bureau of Indian Affairs undersection 1101(d) of the Education Amendments of 1978.
(2) For an LEA described in paragraph (d)(1) of this section, the Secretary recalculates thesection 8003 payment that the LEA is otherwise eligible to receive to reflect the number of students who remain in attendance at the LEA.
(Authority: 20 U.S.C. 7703(a), 7704(c), (d)(2) and (e)(8))

Title 34 published on 2014-07-01.

The following are only the Rules published in the Federal Register after the published date of Title 34.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2015-06-11; vol. 80 # 112 - Thursday, June 11, 2015
    1. 80 FR 33157 - Impact Aid Program
      GPO FDSys: XML | Text
      DEPARTMENT OF EDUCATION, Office of Elementary and Secondary Education
      Final regulations.
      These regulations are effective June 11, 2015.
      34 CFR Part 222

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 20 - EDUCATION
U.S. Code: Title 29 - LABOR
U.S. Code: Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
Statutes at Large
Public Laws

92-318

Title 34 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 34 CFR Part 222 after this date.

  • 2015-06-11; vol. 80 # 112 - Thursday, June 11, 2015
    1. 80 FR 33157 - Impact Aid Program
      GPO FDSys XML | Text
      DEPARTMENT OF EDUCATION, Office of Elementary and Secondary Education
      Final regulations.
      These regulations are effective June 11, 2015.
      34 CFR Part 222