10/3/2016 Updates to the Impact Aid Regulations October 4, 2016 Impact Aid Regulations Update • New regulations were published on September 20, 2016 • Statutory references changed from 8002 and 8003 to 7002 and 7003 • Does not include substantive changes due to reauthorization of law in December 2015 • Regulations effective for FY 2018 applications, due 1/31/2017 • Most changes are clarifications of existing regulations and policies • “Clarifying Regulation” does not constitute a policy change • This presentation includes highlights from the Final Rule, including the preamble. The Final Rule is the definitive authority 1
10/3/2016 §222.2 Definitions ‐ Membership Old Regulation New Regulation Membership means the following: Membership means the following: (3)***** (does not include) (3) ***** (does not include) (iv) Attend the schools of the applicant LEA (iv) Attend the schools of the under a tuition arrangement with another LEA applicant LEA under a tuition that is responsible for providing them a free arrangement with another LEA that is public education ; or responsible for providing them a free (v) Reside in a State other than the State in public education. which the LEA is located, unless the student is covered by the provisions of ‐‐ (A) Section 7010(c) of the Act; or (B) A formal State tuition or enrollment agreement. CLARIFYING REGULATION §222.2 Definition of Membership • Clarifies that children who reside in a different State than the LEA that serves them are ineligible for the purposes of that LEA’s Impact Aid application. • EXCEPTIONS TO THE RULE: • The children covered by a formal tuition agreement • The children covered under section 7010(c)of the ESEA as amended by the ESSA 2
10/3/2016 §222.2 Definitions – Parent Employed on Federal Property Old Regulation New Regulation Parent employed on Federal property. (1) The term means the Parent employed on Federal property. (1) The term means: following: (i) An employee of the Federal government who reports to work (i) An employee of the Federal Government who reports to on, or whose place of work is located on, Federal property, work on, or whose place of work is located on, Federal including a Federal employee who reports to an alternative property. duty station on the survey date, but whose regular duty station is on Federal property. (ii) ***** (ii) ***** (iii) A proportion, to be determined by the Secretary, based on persons working on commingled Federal and non‐Federal (iii) A proportion, to be determined by the Secretary, based on properties other than those persons covered under persons working on commingled Federal and non‐Federal paragraph (1)(ii) of this definition. properties other than those persons covered under paragraph (1)(ii) of this definition. (2) The term does not include a person who reports to work at a work station not on Federal property but spends more (2) Except as provided in paragraph (1)(ii) of this section, than 50 percent of his working time on Federal property the term does not include a person who is not employed by providing services to operations or activities authorized to the Federal government and reports to work at a location be carried out on Federal property. not on Federal property, even though the individual provides services to operations or activities authorized to be carried out on Federal property. CLARIFYING REGULATION §222.2 Definition Parent Employed on Federal Property • Clarifies that Federal employees with regular duty stations on eligible Federal property, but who telework on the survey date, are eligible Parents Employed on Federal Property • Examples added to clarify which parents may be eligible Parents Employed on Federal Property (See separate handout) • Clarifies the last paragraph to underscore that parents not employed by the Federal government and whose regular duty station is not on Federal property are not eligible regardless if they provide services to a Federal property. 3
10/3/2016 §222.3 How does a local educational agency apply for assistance under section 7002 or 7003 of the Act? Old Regulation New Regulation (a)(1) *** (a)(1) *** (2) Except as provided in (2) Except as provided in paragraph paragraph (d) of this section, (d) of this section, within 60 days within 60 days after the applicable after the applicable event occurs but event occurs but not later than not later than June 30 of the fiscal September 30 of the fiscal year year preceding the fiscal year for preceding the fiscal year for which the LEA seeks assistance under which the LEA seeks assistance section 8002 or section 8003, the under section 7002 or section 7003, LEA must—. the LEA must—. POLICY CHANGE §222.5 When may a local educational agency amend its application? Old Regulation New Regulation (a) ***** ( a) ***** (b) *** (b) *** (2) The LEA submits a written (2) The LEA submits a written request to the Secretary with a request to the Secretary with a copy copy to its SEA no later than the to its SEA no later than June 30 of end of the Federal fiscal year the Federal fiscal year preceding the preceding the fiscal year for which fiscal year for which the LEA seeks the LEA seeks assistance. assistance. POLICY CHANGE 4
10/3/2016 § 222.3 & §222.5 Dates to make Changes to an Application for assistance under section 7002 or 7003 of the Act? • Amendment deadline changed from September 30 to June 30. • A June 30th amendment deadline will ensure that the Department receives complete application information that can be reviewed in an expedient manner. §222.22 How does the Secretary treat compensation from Federal activities for purposes of determining eligibility and payments? Old Regulation New Regulation ( a) ***** (a) ***** (b) *** (b) *** (1) The LEA received revenue (1) The LEA received revenue during during the preceding fiscal year the preceding fiscal year that is that is generated directly from generated from activities in or on the the eligible Federal property or eligible Federal property; and activities in or on that property (c) ***** (c) ***** CLARIFYING REGULATION 5
10/3/2016 §222.22 Continued New Regulation Old Regulation ( d) For purposes of this section, the amount of revenue that (d) For purposes of this section, the amount an LEA receives during the previous fiscal year from activities of revenue that an LEA receives during the conducted on Federal property includes payments received by any Federal agency due to activities on Federal previous fiscal year from activities property, including forestry, mining, and grazing, but conducted on Federal property does not does not include revenue from: include payments received by the agency from the Secretary of Defense to support— (1) Payments received by the LEA from the Secretary of Defense to support ‐‐ (1) The operation of a domestic dependent (i) The operation of a domestic dependent elementary or elementary or secondary school secondary school; or (2) The provision of a free public education (ii) The provision of a free public education to dependents of members of the Armed Forces residing on to dependents of members of the Armed or near a military installation; Forces residing on or near a military installation (2) Payments from the Department; or (3) Payments in Lieu of Taxes from the Department of Interior under 31 U.S.C. 6901 et seq. §222.22 How does the Secretary treat compensation from Federal activities for purposes of determining eligibility and payments? • Clarifies how Payments in Lieu of Taxes (PILTs) are treated for Impact Aid purposes. • Only payments for activities conducted on Federal property will be included as other Federal revenue in the ESEA section 7002 eligibility and payment calculations • Adds examples of the types of Federal revenue to be reported • Excludes: • Dept. of ED payments • DOD payments for the operation of schools or the provision free public education for children of members of the Armed Forces • Dept. of the Interior PILTS 6
10/3/2016 §222.23 How are consolidated LEAs treated for the purposes of eligibility and payment under section 7002? (NEW) (a) Eligibility. An LEA formed by the consolidation of one or more LEAs is eligible for section 7002 funds, notwithstanding section 222.21(a)(1), if — (1) The consolidation occurred prior to fiscal year 1995 or after fiscal year 2005; and (2) At least one of the former LEAs included in the consolidation: (i) Was eligible for section 7002 funds in the fiscal year prior to the consolidation; and (ii) Currently contains Federal property that meets the requirements of 222.21(a) within the boundaries of the former LEA or LEAs. REGULATING EXISTING STATUTORY PROVISION §222.23 Continued (NEW) (b) Documentation Required. In the first year of application following the consolidation, an LEA that meets the requirements of paragraph (a) of this section must submit evidence that it meets the requirements of paragraphs (a)(1) and (a)(2)(ii) of this section. (c) Basis for Foundation Payment. (1) The foundation payment for a consolidated district is based on the total section 7002 payment for the last fiscal year for which the former LEA received payment. When more than one former LEA qualifies under paragraph (a)(2) of this section, the payments for the last fiscal year for which the former LEAs received payment are added together to calculate the foundation basis. (2) Consolidated LEAs receive only a foundation payment and do not receive a payment from any remaining funds. REGULATING EXISTING STATUTORY PROVISION 7
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