34 C.F.R. § 222.16 – What information and documentation must a local educational agency submit for an eligible overpayment to be considered for forgiveness?

(a) Every LEA requesting forgiveness must submit, within the time limits established under § 222.14(b), the following information and documentation for the fiscal year immediately preceding the date of the forgiveness request (“preceding fiscal year”):
1. (1) A copy of the LEA's annual financial report to the State.
2. (2) The LEA's local real property tax rate for current expenditure purposes, as described in § 222.17(b).
3. (3) The average local real property tax rate of all LEAs in the State.
4. (4) The average per pupil expenditure (APPE) of the LEA, calculated by dividing the LEA's aggregate current expenditures by the total number of children in average daily attendance for whom the LEA provided a free public education.
5. (5) The APPE of the State, as defined in section 8013 of the ESEA.
(b) An LEA requesting forgiveness under § 222.14(c)(2) (manifestly unjust repayment exception), or § 222.17(a)(3) (no present or prospective ability to repay), also must submit written information and documentation in specific support of its forgiveness request under those provisions within the time limits established under § 222.14(b).
(Authority: 20 U.S.C. 7712)

[62 FR 35413, July 1, 1997]