An LEA is eligible to receive an emergency grant under section 7007(b) of the Act if it has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel.
Under the first priority only. To qualify under the first priority, the LEA must meet one of the following two criteria:
- The LEA is eligible to receive formula construction funds for the fiscal year under section 8007(a) of the Act (20 U.S.C. 7707(a)) because it enrolls a high percentage (at least 50 percent) of federally connected children in average daily attendance (ADA) who either reside on Indian lands or who have a parent on active duty in the U.S. uniformed services. If qualifying under this criterion, the LEA must additionally:
- Have no practical capacity to issue bonds (defined in 34 CFR 222.176 as having a total assessed value of real property in the LEA that may be taxed for school purposes that is less than $25 million); or
- Have minimal capacity to issue bonds (defined in 34 CFR 222.176 as having a total assessed value of real property in the LEA that is at least $25 million, but not more than $50 million) and have used at least 75 percent of its bond limit.
The LEA is eligible to receive funds for the fiscal year for heavily impacted districts under section 7003(b)(2) of the Act (20 U.S.C. 7707(b)(2))
Please see the regulations.