34 CFR 222.68 - How does the Secretary determine whether a fiscally independent local educational agency meets the applicable tax rate requirement?
(a) To determine whether a fiscally independent LEA, as defined in § 222.2(c), meets the applicable tax rate requirement in §§ 222.63(b)(3), 222.63(c)(2), and 222.64(a)(3), the Secretary compares the LEA's local real property tax rate for current expenditure purposes, as defined in § 222.2(c) (referred to in this part as “tax rate” or “tax rates”), with the tax rates of its generally comparable LEAs.
(b) For purposes of this section, the Secretary uses -
(2) Tax rates computed under §§ 222.69-222.71.
(1) The LEA's tax rate is equal to at least 95 percent (or 125 percent under 222.63(c)) of the average tax rate of its generally comparable LEAs;
(2) Each of the LEA's tax rates for each classification of real property is equal to at least 95 percent (or 125 percent under 222.63(c)) of each of the average tax rates of its generally comparable LEAs for the same classification of property;
(3) The LEA taxes all of its real property at the maximum rates allowed by the State, if those maximum rates apply uniformly to all LEAs in the State and the State does not permit any rates higher than the maximum; or
- 34 CFR 222.70 — What Tax Rates Does the Secretary Use if Two or More Different Classifications of Real Property Are Taxed at Different Rates?
- 34 CFR 222.71 — What Tax Rates May the Secretary Use if Substantial Local Revenues Are Derived From Local Tax Sources Other Than Real Property Taxes?
- 34 CFR 222.65 — What Other Requirements Must a Local Educational Agency Meet to Be Eligible for Financial Assistance Under Section 8003(b)(2)?
- 34 CFR 222.69 — What Tax Rates Does the Secretary Use if Real Property Is Assessed at Different Percentages of True Value?
- 34 CFR 222.43 — What Requirements Must a Local Educational Agency Meet in Order to Be Eligible for Financial Assistance Under Section 8003(b)(1)(F) Due to Unusual Geographic Features?