20 U.S.C. § 7421 — Purpose

Page 1538 TITLE 20—EDUCATION § 7421 SUBPART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES § 7421. Purpose It is the purpose of this subpart to support the efforts of local educational agencies, Indian tribes and organizations, and other entities in developing elementary school and secondary school programs for Indian students that are de- signed to— (1) meet the unique cultural, language, and educational needs of such students; and (2) ensure that all students meet the chal- lenging State academic standards. (Pub. L. 89–10, title VI, § 6111, formerly title VII, § 7111, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1908; renumbered title VI, § 6111, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6002(c), Dec. 10, 2015, 129 Stat. 2046, 2047.) Editorial Notes PRIOR PROVISIONS A prior section 7421, Pub. L. 89–10, title VII, § 7111, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3719, related to financial assistance for bilingual edu- cation, prior to the general amendment of former sub- chapter VII of this chapter by Pub. L. 107–110. A prior section 6111 of Pub. L. 89–10 was classified to section 7301 of this title, prior to repeal by Pub. L. 114–95. AMENDMENTS 2015—Pub. L. 114–95, § 6002(c), amended section gen- erally. Prior to amendment, text read as follows: ‘‘It is the purpose of this subpart to support local educational agencies in their efforts to reform elementary school and secondary school programs that serve Indian stu- dents in order to ensure that such programs— ‘‘(1) are based on challenging State academic con- tent and student academic achievement standards that are used for all students; and ‘‘(2) are designed to assist Indian students in meet- ing those standards.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 7422. Grants to local educational agencies and tribes (a) In general The Secretary may make grants, from alloca- tions made under section 7423 of this title, and in accordance with this section and section 7423 of this title, to— (1) local educational agencies; (2) Indian tribes, as provided under sub- section (c)(1); (3) Indian organizations, as provided under subsection (c)(1); (4) consortia of 2 or more local educational agencies, Indian tribes, Indian organizations, or Indian community-based organizations, if each local educational agency participating in such a consortium, if applicable— (A) provides an assurance that the eligible Indian children served by such local edu- cational agency will receive the services of the programs funded under this subpart; and (B) is subject to all the requirements, as- surances, and obligations applicable to local educational agencies under this subpart; and (5) Indian community-based organizations, as provided under subsection (d)(1). (b) Local educational agencies (1) Enrollment requirements Subject to paragraph (2), a local educational agency shall be eligible for a grant under this subpart for any fiscal year if the number of In- dian children eligible under section 7427 of this title who were enrolled in the schools of the agency, and to whom the agency provided free public education, during the preceding fiscal year— (A) was at least 10; or (B) constituted not less than 25 percent of the total number of individuals enrolled in the schools of such agency. (2) Cooperative agreements A local educational agency may enter into a cooperative agreement with an Indian tribe under this subpart if such Indian tribe— (A) represents not less than 25 percent of the eligible Indian children who are served by such local educational agency; and (B) requests that the local educational agency enter into a cooperative agreement under this subpart. (3) Exclusion The requirement of paragraph (1) shall not apply in Alaska, California, or Oklahoma, or with respect to any local educational agency located on, or in proximity to, a reservation. (c) Indian tribes and Indian organizations (1) In general If a local educational agency that is other- wise eligible for a grant under this subpart does not establish a committee under section 7424(c)(4) of this title for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant. (2) Special rule (A) In general The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph (1) as if such tribe, Indian orga- nization, or consortium were a local edu- cational agency for purposes of this subpart. (B) Exceptions Notwithstanding subparagraph (A), such Indian tribe, Indian organization, or consor- tium shall not be subject to the require- ments of subsections (b)(7) or (c)(4) of sec- tion 7424 of this title or section 7428(c) or 7429 of this title. (3) Assurance to serve all Indian children An Indian tribe, Indian organization, or con- sortium of such entities that is eligible to