Code of Federal Regulations Title 34. Education § 34.222.68 How does the Secretary determine whether a fiscally independent local educational agency meets the applicable tax rate requirement?

(1) The actual tax rate if all the real property in the LEA and its generally comparable LEAs is assessed at the same percentage of true value;  or

(2) Tax rates computed under §§ 222.69–222.71.

(1) The LEA's tax rate is equal to at least 95 percent (or 125 percent under 222.63(c)) of the average tax rate of its generally comparable LEAs;

(2) Each of the LEA's tax rates for each classification of real property is equal to at least 95 percent (or 125 percent under 222.63(c)) of each of the average tax rates of its generally comparable LEAs for the same classification of property;

(3) The LEA taxes all of its real property at the maximum rates allowed by the State, if those maximum rates apply uniformly to all LEAs in the State and the State does not permit any rates higher than the maximum;  or

(4) The LEA has no taxable real property.