The Secretary determines a maximum payment under section 8003(b)(1)(F) for an eligible LEA, using data from the third preceding fiscal year, as follows:

1. (a) Subject to paragraph (b) of this section, the Secretary increases the eligible LEA's local contribution rate (LCR) for section 8003(b) payment purposes to the amount the Secretary determines will compensate the applicant for the increase in its current expenditures necessitated by the unusual geographic factors identified under § 222.43(b)(2).

2. (b) The Secretary does not increase the LCR under this section to an amount that is more than—

   1. (1) Is necessary to allow the applicant to provide a level of education equivalent to that provided by its generally comparable LEAs; or

   2. (2) The per pupil share for all children in ADA of the increased current expenditures necessitated by the unusual geographic factors identified under § 222.43, as determined by the Secretary.

      (Authority: 20 U.S.C. 7703(b)(1)(F))

[80 FR 33165, June 11, 2015]