20 U.S.C. § 7422 — Grants to local educational agencies and

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 Page 1539 TITLE 20—EDUCATION § 7423 apply for a grant under paragraph (1) shall in- clude, in the application required under sec- tion 7424 of this title, an assurance that the entity will use the grant funds to provide serv- ices to all Indian students served by the local educational agency. (d) Indian community-based organization (1) In general If no local educational agency pursuant to subsection (b), and no Indian tribe, Indian or- ganization, or consortium pursuant to sub- section (c), applies for a grant under this sub- part in a particular community, an Indian community-based organization serving the community of the local educational agency may apply for such grant. (2) Applicability of special rule The Secretary shall apply the special rule in subsection (c)(2) to an Indian community- based organization applying for a grant under paragraph (1) in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium described in that subsection. (3) Definition of Indian community-based orga- nization In this subsection, the term ‘‘Indian commu- nity-based organization’’ means any organiza- tion that— (A) is composed primarily of Indian par- ents, family members, and community mem- bers, tribal government education officials, and tribal members, from a specific commu- nity; (B) assists in the social, cultural, and edu- cational development of Indians in such community; (C) meets the unique cultural, language, and academic needs of Indian students; and (D) demonstrates organizational and ad- ministrative capacity to manage the grant. (Pub. L. 89–10, title VI, § 6112, formerly title VII, § 7112, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1908; renumbered title VI, § 6112, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), (2), 6002(d), Dec. 10, 2015, 129 Stat. 2046, 2048.) Editorial Notes PRIOR PROVISIONS A prior section 7422, Pub. L. 89–10, title VII, § 7112, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3719, related to program development and implementa- tion grants, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. A prior section 6112 of Pub. L. 89–19 was classified to section 7301a of this title, prior to repeal by Pub. L. 114–95. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 6002(d)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘The Secretary may make grants, from allocations made under section 7423 of this title, to local educational agencies and Indian tribes, in accordance with this section and section 7423 of this title.’’ Subsec. (b)(1). Pub. L. 114–95, § 6002(d)(2)(A), sub- stituted ‘‘Subject to paragraph (2), a local educational agency shall’’ for ‘‘A local educational agency shall’’ in introductory provisions. Pub. L. 114–95, § 6001(b)(2), made technical amendment to reference in original act which appears in introduc- tory provisions as reference to section 7427 of this title. Subsec. (b)(2), (3). Pub. L. 114–95, § 6002(d)(2)(B), (C), added par. (2) and redesignated former par. (2) as (3). Subsecs. (c), (d). Pub. L. 114–95, § 6002(d)(3), added sub- secs. (c) and (d) and struck out former subsec. (c) which allowed certain Indian tribes to apply for grants. 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. § 7423. Amount of grants (a) Amount of grant awards (1) In general Except as provided in subsection (b) and paragraph (2), the Secretary shall allocate to each local educational agency that has an ap- proved application under this subpart an amount equal to the product of— (A) the number of Indian children who are eligible under section 7427 of this title and served by such agency; and (B) the greater of— (i) the average per pupil expenditure of the State in which such agency is located; or (ii) 80 percent of the average per pupil expenditure of all the States. (2) Reduction The Secretary shall reduce the amount of each allocation otherwise determined under this section in accordance with subsection (e). (b) Minimum grant (1) In general Notwithstanding subsection (e), an entity that is eligible for a grant under section 7422 of this title, and a school that is operated or supported by the Bureau of Indian Education that is eligible for a grant under subsection (d), that submits an application that is ap- proved by the Secretary, shall, subject to ap- propriations, receive a grant under this sub- part in an amount that is not less than $3,000. (2) Consortia Local educational agencies may form a con- sortium for the purpose of obtaining grants under this subpart. (3) Increase The Secretary may increase the minimum grant under paragraph (1) to not more than $4,000 for all grantees if the Secretary deter- mines such increase is necessary to ensure the quality of the programs provided. (c) Definition For the purpose of this section, the term ‘‘av- erage per pupil expenditure’’, used with respect to a State, means an amount equal to— (1) the sum of the aggregate current expendi- tures of all the local educational agencies in the State, plus any direct current expendi- tures by the State for the operation of such