AUTHORIZATION:

Elementary and Secondary Education Act, as amended., Executive Order Title VIII., Title xx.

OBJECTIVES:

To provide financial assistance to local educational agencies (LEAs) where affected by Federal activities, i.e., where the tax base of a district is reduced through the Federal acquisition of real property (Section 8002, ESEA) and; where the presence of certain children living on Federal property places a financial burden on the LEAs that educate them (Sections 8003 and 8007(b), ESEA).

TYPES OF ASSISTANCE:

Formula Grants Place Cursor Here for Definition

Project Grants Place Cursor Here for Definition

USES AND USE RESTRICTIONS:

Most assistance becomes part of the general operating fund of the LEAs. Districts usually deposit the Federal payment in the general operating funds account in accordance with State laws, together with all State and local funds available for current operating expenses and use this combined account to finance the school program in the district. Special additional payments made to LEAs related to enrollments of federally connected children with disabilities must be used for programs and projects designed to meet the special educational and related needs of these children. Payments for construction may be used for construction and renovation, debt service, or other capital fund activities. This program is subject to non-supplanting requirements and must use a restricted indirect cost rate which is referenced under 34 CFR 76.564-76.569. For assistance call the Office of the Chief Financial Officer/Indirect Cost Group on 202-708-7770.

ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:   Local educational agencies that provide free public elementary or secondary education may apply. Under Section 8002, generally, assistance is provided to districts where an aggregate of 10 percent or more of the assessed valuation of all real property in the school district as of the time(s) of acquisition) has been acquired by the Federal Government since 1938 and the district is not being substantially compensated by revenue from activities on the eligible Federal property. Under Section 8003, assistance is provided to districts where at least three percent or 400 of the total number of eligible federally connected children in average daily attendance (ADA) live on Federal property including Indian lands and/or have a parent who works on Federal property or is on active duty in the uniformed services. Under Section 8007(b), LEAs that enroll a high proportion (at least 40 percent) of federally connected children, have little or no funding capacity, or one "heavily impacted" districts may be eligible for a competitive construction award.

Beneficiary Eligibility:   Public elementary and secondary school children benefit.

Credentials/Documentation:   Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments. OMB Circular No. A-87 applies to this program.

Pre-application Coordination:   Preapplication coordination is required. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure:   This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Applications are submitted to the Secretary of Education and a copy is sent to the State educational agency (SEA). A local educational agency may secure advice and an application form (ED Form 4019) from its SEA. Applications must show the membership of federally connected children on the survey date chosen by the school district within the period prescribed by the Secretary.

Award Procedure:   Funds are generally made available, when an appropriation is made.

Deadlines:   Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time:   

Contact the Program Office for this information.

Appeals:   

An administrative law hearing is available for any LEA or State adversely affected by any action of the Secretary. The hearing must be requested under the time frame included under the program regulations.

Renewals:   

Not Applicable.

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ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:   

Statutory Formula: Title VIII, Sections 8002 and 8003. Matching Requirements: Under Section 8002, payments are determined under a statutory formula that considers the assessed valuation of the property acquired by the Federal government and the LEA's local tax rate for current expenditures. Under Section 8003, payments are determined under a statutory formula that considers the average daily attendance of federally connected students for the previous year, the per pupil expenditure average from the third preceding year, the weight in the statute attached to certain categories of federally connected students, the total current expenditures of the LEA, and the total membership of the LEA. Under Section 8007(b), payments are awarded on a competitive basis to certain eligible LEAs that receive Impact Aid. This program does not have MOE requirements.

Length and Time Phasing of Assistance:   

Payments are made annually to eligible LEAs. See the following for information on how assistance is awarded/released: This information is included in award documents.

POST ASSISTANCE REQUIREMENTS:

Audits:   In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. The program staff conducts mail-in or on-site reviews to verify application data and collect additional required information.

Records:   In accordance with the General Education Provision Act and program regulations, an LEA generally must retain records supporting its payment amount for 3 years after the last payment for a fiscal year.

FINANCIAL INFORMATION:

Account Identification:  

91-0102-0-1-501.

Obligations:  

(Formula Grants) FY 08 $1,218,345,000; FY 09 est $1,243,345,000; FY 10 est $1,243,345,000.

(Project Grants (Discretionary)) FY 08 $17,509,000; FY 09 est $17,509,000; FY 10 est $17,509,000

Range and Average of Financial Assistance:  

For FY 2016, the estimated range of awards for Basic Support payments is expected to be between $150-$54,000,000 with an average award of $1,070,000; for Payments for Children With Disabilities, the estimated range of awards is expected to be between $500-$1,250,000 with an average award of $54,000. For Impact Aid Construction (Formula), the estimated number of awards is expected to be between 170 with an average award of approximately $100,000.

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