Facilities Assistance and Transfers Under Section 8008 of the Act

34 C.F.R. Part ..., Subpart I
in effectEffective: 2024-07-01

34 C.F.R. § 222.140 What definitions apply to this subpart?

In addition to the terms referenced or defined in § 222.2, the following definitions apply to this subpart: Minimum school facilities means those school facilities for which the Secretary may provide assistance under this part as follows: (1) The Secretary, after consultation with the State educational agency and the local educational agency (LEA), considers these facilities necessary to support an educational program— (i) For the membership of students residing on Federal property to be served at normal capacity; and (ii) In accordance with applicable Federal and State laws and, if necessary or appropriate, common practice in the State. (2) The term includes, but is not restricted to— (i) Classrooms and related facilities; and (ii) Machinery, utilities, and initial equipment, to the extent that these are necessary or appropriate for school purposes. Providing assistance means constructing, leasing, renovating, remodeling, rehabilitating, or otherwise providing minimum school facilities.

34 C.F.R. § 222.141 For what types of projects may the Secretary provide assistance under section 8008 of the Act?

The types of projects for which the Secretary may provide assistance under section 8008 of the Act during any given year include, but are not restricted to, one or more of the following: (a)(1) Emergency repairs to existing facilities for which the Secretary is responsible under section 8008. (2) As used in this section, the term emergency repairs means those repairs necessary— (i) For the health and safety of persons using the facilities; (ii) For the removal of architectural barriers to the disabled; or (iii) For the prevention of further deterioration of the facilities. (b) Renovation of facilities for which the Secretary is responsible under section 8008 to meet the standards of minimum school facilities in exchange for an LEA or another appropriate entity accepting transfer of the Secretary's interest in them under § 222.143. (c) Provision of temporary facilities on Federal property pending emergency repairs. (d) Construction of replacement minimum school facilities when more cost-effective than renovation and when the replacement facilities are to be transferred to local ownership under § 222.143.

34 C.F.R. § 222.142 What terms and conditions apply to minimum school facilities operated under section 8008 by another agency?

When minimum school facilities are provided under section 8008, the Secretary may— (a) Arrange for the operation of the facilities by an agency other than the Department; (b) Establish terms and conditions for the operation of the facilities; and (c) Require the operating agency to submit assurances and enter into other arrangements that the Secretary specifies.

34 C.F.R. § 222.143 What terms and conditions apply to the transfer of minimum school facilities?

When the Secretary transfers to an LEA or other appropriate entity (transferee) facilities that have been used to carry out the purposes of section 10 of Pub. L. 81-815 or section 8008, the Secretary establishes appropriate terms and conditions for the transfer including that it be— (a) Without charge; and (b) Consented to by the transferee.

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