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20 U.S.C. § 7705 — Application for payments under sections 7702 and 7703 of this title

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7705 — Application for payments under sections 7702 and 7703 of this title

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Stable record: federal_law:legal_authorities:record_usc_3d503d2cf7aef79e25011c21
Source file: Laws/federal/codes/united-states-code/title-20/section-7705-application-for-payments-under-sections-7702-and-7703-of-this-title--d9b1a5c903.md
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Source location: Title 20, Chapter 70, § 7705; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md

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**(a) In general** A local educational agency desiring to receive a payment under section 7702 or 7703 of this title shall— (1) submit an application for such payment to the Secretary; and (2) provide a copy of such application to the State educational agency. **(b) Contents** Each such application shall be submitted in such form and manner as the Secretary may require, including— (1) information to determine the eligibility of the local educational agency for a payment and the amount of such payment; and (2) where applicable, an assurance that such agency is in compliance with [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7704&num=0&edition=prelim) (relating to children residing on Indian lands). **(c) Deadline for submission** The Secretary shall establish deadlines for the submission of applications under this section. **(d) Approval** (1) **In general** — The Secretary shall approve an application submitted under this section that— (A) except as provided in paragraph (2), is filed by the deadline established under subsection (c); and (B) otherwise meets the requirements of this subchapter. (2) **Reduction in payment** — The Secretary shall approve an application filed not more than 60 days after a deadline established under subsection (c), or not more than 60 days after the date on which the Secretary sends written notice to the local educational agency pursuant to paragraph (3)(A), as the case may be, that otherwise meets the requirements of this subchapter, except that, notwithstanding [section 7703(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7703/e&num=0&edition=prelim), the Secretary shall reduce the payment based on such late application by 10 percent of the amount that would otherwise be paid. (3) **Late applications** (A) *Notice* — The Secretary shall, as soon as practicable after the deadline established under subsection (c), provide to each local educational agency that applied for a payment under section 7702 or 7703 of this title for the prior fiscal year, and with respect to which the Secretary has not received an application for a payment under either such section (as the case may be) for the fiscal year in question, written notice of the failure to comply with the deadline and instruction to ensure that the application is filed not later than 60 days after the date on which the Secretary sends the notice. (B) *Acceptance and approval of late applications* — The Secretary shall not accept or approve any application of a local educational agency that is filed more than 60 days after the date on which the Secretary sends written notice to the local educational agency pursuant to subparagraph (A). (4) **State application authority** — Notwithstanding any other provision of law, a State educational agency that had been accepted as an applicant for funds under section 3 of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on the day preceding October 20, 1994) in fiscal year 1994 shall be permitted to continue as an applicant under the same conditions by which such agency made application during such fiscal year only if such State educational agency distributes all funds received for the students for which application is being made by such State educational agency to the local educational agencies providing educational services to such students.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7704 — Policies and procedures relating to children residing on Indian lands

**(a) In general** A local educational agency that claims children residing on Indian lands for the purpose of receiving funds under [section 7703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7703&num=0&edition=prelim) shall establish policies and procedures to ensure that— (1) such children participate in programs and activities supported by such funds on an equal basis with all other children; (2) parents of such children and Indian tribes are afforded an opportunity to present their views on such programs and activities, including an opportunity to make recommendations on the needs of those children and how the local educational agency may help such children realize the benefits of such programs and activities; (3) parents and Indian tribes are consulted and involved in planning and developing such programs and activities; (4) relevant applications, evaluations, and program plans are disseminated to the parents and Indian tribes; and (5) parents and Indian tribes are afforded an opportunity to present their views to such agency regarding such agency’s general educational program. **(b) Records** A local educational agency that claims children residing on Indian lands for the purpose of receiving funds under [section 7703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7703&num=0&edition=prelim) shall maintain records demonstrating such agency’s compliance with the requirements contained in subsection (a). **(c) Waiver** A local educational agency that claims children residing on Indian lands for the purpose of receiving funds under [section 7703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7703&num=0&edition=prelim) shall not b

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7702 — Payments relating to Federal acquisition of real property

**(a) In general** Where the Secretary, after consultation with any local educational agency and with the appropriate State educational agency, determines— (1) that the United States owns Federal property in the local educational agency, and that such property— (A) has been acquired by the United States since 1938; (B) was not acquired by exchange for other Federal property in the local educational agency which the United States owned before 1939; and (C) had an assessed value according to original records (including facsimiles or other reproductions of those records) documenting the assessed value of such property (determined as of the time or times when so acquired) prepared by the local officials referred to in subsection (b)(3) or, when such original records are not available due to unintentional destruction (such as natural disaster, fire, flooding, pest infestation, or deterioration due to age), other records, including Federal agency records, local historical records, or other records that the Secretary determines to be appropriate and reliable, aggregating 10 percent or more of the assessed value of— (i) all real property in the local educational agency (similarly determined as of the time or times when such Federal property was so acquired); or (ii) all real property in the local educational agency as assessed in the first year preceding or succeeding acquisition, whichever is greater, only if— (I) the assessment of all real property in the local educational agency is not made at the same time or times that such Federal property was so acquired and assessed; and (II) State law requires an assessment be made of property so acquired; and (2) that such agency is not being substantially compensated for the loss in revenue resultin

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7703 — Payments for eligible federally connected children

**(a) Computation of payment** (1) **In general** — For the purpose of computing the amount that a local educational agency is eligible to receive under subsection (b) or (d) for any fiscal year, the Secretary shall determine the number of children who were in average daily attendance in the schools of such agency, and for whom such agency provided free public education, during the preceding school year and who, while in attendance at such schools— (A) (i) resided on Federal property with a parent employed on Federal property situated in whole or in part within the boundaries of the school district of such agency; or (ii) resided on Federal property with a parent who is an official of, and accredited by, a foreign government and is a foreign military officer; (B) resided on Federal property and had a parent on active duty in the uniformed services (as defined in [section 101 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101&num=0&edition=prelim)); (C) resided on Indian lands; (D) (i) had a parent on active duty in the uniformed services (as defined by [section 101 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101&num=0&edition=prelim)) but did not reside on Federal property; or (ii) had a parent who is an official of, and has been accredited by, a foreign government and is a foreign military officer but did not reside on Federal property; (E) resided in low-rent housing; (F) resided on Federal property and is not described in subparagraph (A) or (B); or (G) resided with a parent employed on Federal property situated— (i) in whole or in part in the county in which such agency is located, or in whole or in part in such agency if such agency

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 240 to 241–1 — Repealed. Pub. L. 103–382, title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965

### Statutory Notes Section 240, acts Sept. 30, 1950, ch. 1124, title I, § 5, formerly § 5, 64 Stat. 1106; Aug. 8, 1953, ch. 402, §§ 6, 7, 67 Stat. 534; Aug. 3, 1956, ch. 915, title II, § 209, 70 Stat. 972; renumbered title I, § 5, and amended Apr. 11, 1965, Pub. L. 89–10, title I, § 2, 79 Stat. 27; Nov. 3, 1966, Pub. L. 89–750, title II, §§ 202, 203, 80 Stat. 1211, 1212; Oct. 16, 1968, Pub. L. 90–576, title III, § 305(a), 82 Stat. 1097; Apr. 13, 1970, Pub. L. 91–230, title II, § 203(c)(4), 84 Stat. 156; June 23, 1972, Pub. L. 92–318, title IV, § 411(c)(1), 86 Stat. 338; Aug. 21, 1974, Pub. L. 93–380, title III, §§ 304(c)(1), (2), (d)(2), 305(a)(2), 88 Stat. 522, 523, 529; Apr. 21, 1976, Pub. L. 94–273, § 3(5), 90 Stat. 376; Oct. 12, 1976, Pub. L. 94–482, title III, § 330(a), (b)(1)–(3), 90 Stat. 2221; Nov. 1, 1978, Pub. L. 95–561, title X, §§ 1003(c), 1005, 1006(a), 1007, 1008, title XI, § 1101(b), (c), (e), 92 Stat. 2306–2309, 2313, 2315; Aug. 6, 1979, Pub. L. 96–46, § 3(b), 93 Stat. 342; Oct. 31, 1983, Pub. L. 98–139, title III, 97 Stat. 889; Dec. 8, 1983, Pub. L. 98–211, § 23, 97 Stat. 1419; Aug. 22, 1984, Pub. L. 98–396, title I, § 101, 98 Stat. 1393; Oct. 19, 1984, Pub. L. 98–511, title III, § 303(b)(1), 98 Stat. 2389; Apr. 28, 1988, Pub. L. 100–297, title II, §§ 2011(a)(1), (2), 2015, 102 Stat. 294, 296; May 11, 1989, Pub. L. 101–26, § 2(c)–(e), 103 Stat. 54, 55; May 30, 1990, Pub. L. 101–305, § 3(c), (d), 104 Stat. 256, 257; Nov. 16, 1990, Pub. L. 101–589, title VII, § 722(d), 104 Stat. 2913; Aug. 17, 1991, Pub. L. 102–103, title IV, § 402, 105 Stat. 508; Nov. 13, 1991, Pub. L. 102–159, § 2, 105 Stat. 1042; Oct. 23, 1992, Pub. L. 102–484, div. A, title III, § 387, 106 Stat. 2397, related to payments to local educational agencies. See [section 7705 of this title

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7705 — Application for payments under sections

Page 1600 TITLE 20—EDUCATION § 7705 complaints involving the same tribe or local educational agency. (8) Withholding If the local educational agency rejects the determination of the Secretary, or if the rem- edy required is not undertaken within the time established and the Secretary determines that an extension of the time established will not effectively encourage the remedy required, the Secretary shall withhold payment of all moneys to which such local agency is eligible under section 7703 of this title until such time as the remedy required is undertaken, except where the complaining tribe or its designee formally requests that such funds be released to the local educational agency, except that the Secretary may not withhold such moneys during the course of the school year if the Sec- retary determines that such withholding would substantially disrupt the educational programs of the local educational agency. (9) Rejection of determination If the local educational agency rejects the determination of the Secretary and a tribe ex- ercises the option under section 1101(d) of the Education Amendments of 1978, to have edu- cation services provided either directly by the Bureau of Indian Education or by contract with the Bureau of Indian Education, any In- dian students affiliated with that tribe who wish to remain in attendance at the local edu- cational agency against whom the complaint which led to the tribal action under such sub- section (d) was lodged may be counted with re- spect to that local educational agency for the purpose of receiving funds under section 7703 of this title. In such event, funds under such section shall not be withheld pursuant to para- graph (8) and no further complaints with re- spect to such students may be

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