An LEA that is eligible to receive section 8003(b) assistance for the fiscal year but that does not meet the other eligibility criteria described in § 222.178(a) or (b) may apply on behalf of a school located within its geographic boundaries for an emergency grant under the second priority of section 8007(b) of the Act if-
(a) The school- (1) Enrolls children living on Indian lands equal to at least 40 percent of the total number of children in ADA; or(2) Enrolls children with a parent in the U.S. uniformed services equal to at least 40 percent of the total number of children in ADA;(b) The school has a school facility emergency that the Secretary has determined poses a health or safety hazard to students and school personnel;(c) The LEA has used at least 75 percent of its bond limit; and(d) The LEA has an average per-student assessed value of real property available to be taxed for school purposes that is below its State average. Authority: 20 U.S.C. 7707(b)