Education Across the States — Advisory
Advisory · November 9, 2026 · Education Across the States
What the Department said you don’t need to worry about, and what you actually do.
By Charles Mayfield, Executive Producer, Education Across the States
A guidance brief for Impact Aid business officials, superintendents, and federal programs staff.
On October 8, 2026, the U.S. Department of Education published a final rule amending the Impact Aid regulations (34 CFR Part 222), effective November 9, 2026. The Department described the rule as technical and non-substantive, and said it "do[es] not add or change any regulatory, recordkeeping, or reporting requirement." That is accurate for eligibility and payments: who qualifies for Impact Aid and how payments are calculated did not change. But the rule also changed how filings are made and served in Impact Aid hearings — including one brand-new duty that now sits with you, the filer. If your district is ever a party to a withholding hearing, an administrative hearing, or a section 7009 determination, the procedures below are the ones in force as of today.
All written submissions in these proceedings may be filed with the hearing examiner, administrative law judge, or Department by hand-delivery, mail, email, or the electronic filing system maintained by the Office of Hearings and Appeals (OHA).
The filing date for a written submission is the date the document is hand-delivered, mailed, emailed, or filed through the OHA e-filing system (34 CFR 222.118(d)(3); 222.154(c); 222.165(f)(3)). An email sent on the deadline date is filed on that date — subject to the confirmation duty in item 3.
This is the change that matters most in practice. A party filing by email "is responsible for confirming that a complete and legible copy of the document was timely received" — by the hearing examiner in withholding hearings (34 CFR 222.118(d)(4)), by the administrative law judge in Subpart J hearings (34 CFR 222.154(d)), and by the Department in section 7009 proceedings (34 CFR 222.165(f)(4)).
The rule does not shift this burden to the Department, and a sent email is not, by itself, proof of a complete and timely filing. Recommended practice:
If the parties agree, a party may serve a document on the other party by email or through the OHA e-filing system (34 CFR 222.118(d)(2); 222.154(b)). In section 7009 proceedings, service may also be made by mail (34 CFR 222.165(f)(2)). Get the agreement in writing and keep it with the record.
An LEA requesting an administrative hearing under Subpart J may now email the request to Impact.Aid@ed.gov (34 CFR 222.153(a)(3)). The mail and hand-delivery addresses are unchanged: Secretary, c/o Director, Impact Aid Program, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202-6244. The Department's own note to the rule encourages email requests because, "[b]ecause of enhanced security procedures, building access for non-official staff may be limited" (Note to 34 CFR 222.153(a)).
Administrative hearings under Subpart J "may also be held by telephone or video conference at the discretion of the administrative law judge" (34 CFR 222.155); the same discretion applies to section 7009 hearings (34 CFR 222.165(c)).
- Eligibility. The heavily impacted criteria in 34 CFR 222.63 — enrollment percentages, per-pupil expenditure tests, and the 95% / 125% tax-rate tests — are unchanged in substance. Sections 222.61–222.63 restate the current statute (ESSA 2015; FY2016 NDAA; Consolidated Appropriations Act, 2018).
- Payments. The basic support, heavily impacted, hold-harmless (222.66), children-with-disabilities, federal property, and construction formulas are unchanged, as are application requirements (222.62).
- Definitions and citations. References to Title VIII of the ESEA are now to Title VII, and section numbers 8002–8013 are now 7002–7013, throughout Part 222. Former sections 222.64, 222.65, and 222.75 were removed or reserved and their content consolidated into sections 222.61–222.63 — the substance moved; it did not change.
- Indian Policies and Procedures. Subpart G responsibilities (222.94) were restated with grammatical corrections only.
Prepared by Education Across the States from the published regulatory text. This brief is general information for district officials, not legal advice; consult your counsel on any live proceeding.