42 U.S.C. § 12526 — Consideration of applications

Page 8307 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12526 1 So in original. Probably should be ‘‘this part’’. 2 See References in Text note below. and economic backgrounds have opportu- nities to serve together; (ii) include any opportunities for stu- dents, enrolled in schools or programs of education providing elementary or sec- ondary education, to participate in serv- ice-learning programs and ensure that such service-learning programs include op- portunities for such students to serve to- gether; (iii) involve participants in the design and operation of the programs; (iv) promote service-learning in areas of greatest need, including low-income or rural areas; and (v) otherwise integrate service opportu- nities into the academic program of the participants; and (D) assurances that the applicant will comply with the nonduplication and non- displacement requirements of section 12637 of this title and the notice, hearing, and grievance procedures required by section 12636 of this title. (b) Application to State, territory, or Indian tribe for assistance to carry out school-based serv- ice-learning programs (1) In general Any— (A) qualified organization, Indian tribe, territory, local educational agency, for-prof- it business, private elementary school or secondary school, or institution of higher education that desires to receive financial assistance under this subpart 1 from a State, territory, or Indian tribe for an activity de- scribed in section 12523(a)(1) of this title; (B) partnership described in section 12523(a)(2) of this title that desires to receive such assistance from a State, territory, or Indian tribe for an activity described in sec- tion 12523(a)(2) of this title; (C) entity described in section 12523(a)(3) of this title that desires to receive such assist- ance from a State, territory, or Indian tribe for an activity described in such section; (D) entity or partnership described in sec- tion 12523(a)(4) of this title that desires to receive such assistance from a State, terri- tory, or Indian tribe for an activity de- scribed in such section; and (E) entity that desires to receive such as- sistance from a State, territory, or Indian tribe for an activity described in section 12521(a)(5) 2 of this title, shall prepare, submit to the State educational agency for the State, territory, or Indian tribe, and obtain approval of, an application for the program. (2) Submission Such application shall be submitted at such time and in such manner, and shall contain such information, as the agency, territory, or Indian tribe may reasonably require. (Pub. L. 101–610, title I, § 113, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1471.) Editorial Notes REFERENCES IN TEXT Section 12521(a)(5) of this title, referred to in subsec. (b)(1)(E), probably should be a reference to section 12523(a)(5) of this title. Section 12521 does not contain subsections. PRIOR PROVISIONS A prior section 12525, Pub. L. 101–610, title I, § 113, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 829, related to submission and contents of State or tribal applications, prior to the general amendment of this part by Pub. L. 111–13. Another prior section 12525, Pub. L. 101–610, title I, § 115, Nov. 16, 1990, 104 Stat. 3137; Pub. L. 102–384, § 4, Oct. 5, 1992, 106 Stat. 1455, related to priority applica- tions and private school participation, prior to repeal by Pub. L. 103–82, § 103(a)(2). A prior section 113 of Pub. L. 101–610 was classified to section 12523 of this title prior to repeal by Pub. L. 103–82. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. § 12526. Consideration of applications (a) Criteria for local applications In providing assistance under this part, a State educational agency, territory, or Indian tribe (or the Corporation if section 12524(c) of this title applies) shall consider criteria with re- spect to sustainability, replicability, innova- tion, and quality of programs. (b) Priority for local applications In providing assistance under this part, a State educational agency, territory, or Indian tribe (or the Corporation if section 12524(c) of this title applies) shall give priority to entities that submit applications under section 12525 of this title with respect to service-learning pro- grams described in section 12521 of this title that are in the greatest need of assistance, such as programs targeting low-income areas or serv- ing economically disadvantaged youth. (c) Rejection of applications to Corporation If the Corporation rejects an application sub- mitted by a State, territory, or Indian tribe under section 12525 of this title for an allotment, the Corporation shall promptly notify the State, territory, or Indian tribe of the reasons for the rejection of the application. The Corporation shall provide the State, territory, or Indian tribe with a reasonable opportunity to revise and resubmit the application and shall provide technical assistance, if needed, to the State, ter- ritory, or Indian tribe as part of the resubmis- sion process. The Corporation shall promptly re- consider such resubmitted application. (Pub. L. 101–610, title I, § 114, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1472.) Editorial Notes PRIOR PROVISIONS A prior section 12526, Pub. L. 101–610, title I, § 114, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Page 8308 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12527 Stat. 829, related to preparation, submission, and ap- proval of local applications, prior to the general amendment of this part by Pub. L. 111–13. Another prior section 12526, Pub. L. 101–610, title I, § 116, Nov. 16, 1990, 104 Stat. 3138; Pub. L. 102–384, § 4, Oct. 5, 1992, 106 Stat. 1455, prescribed Federal and local project contributions, prior to repeal by Pub. L. 103–82, § 103(a)(2). A prior section 114 of Pub. L. 101–610 was classified to section 12524 of this title prior to repeal by Pub. L. 103–82. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. § 12527. Participation of students and teachers from private schools (a) In general To the extent consistent with the number of students in the State, in the territory, or served by the Indian tribe or in the school district of the local educational agency involved who are enrolled in private nonprofit elementary schools and secondary schools, such State, territory, or Indian tribe, or agency shall (after consultation with appropriate private school representatives) make provision— (1) for the inclusion of services and arrange- ments for the benefit of such students so as to allow for the equitable participation of such students in the programs implemented to carry out the objectives and provide the bene- fits described in this part; and (2) for the training of the teachers of such students so as to allow for the equitable par- ticipation of such teachers in the programs implemented to carry out the objectives and provide the benefits described in this part. (b) Waiver If a State, territory, Indian tribe, or local edu- cational agency is prohibited by law from pro- viding for the participation of students or teach- ers from private nonprofit schools as required by subsection (a), or if the Corporation determines that a State, territory, Indian tribe, or local educational agency substantially fails or is un- willing to provide for such participation on an equitable basis, the Chief Executive Officer shall waive such requirements and shall arrange for the provision of services to such students and teachers. (Pub. L. 101–610, title I, § 115, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1473.) Editorial Notes PRIOR PROVISIONS A prior section 12527, Pub. L. 101–610, title I, § 115, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 830, related to consideration of applications, prior to the general amendment of this part by Pub. L. 111–13. Another prior section 12527, Pub. L. 101–610, title I, § 117, Nov. 16, 1990, 104 Stat. 3138; Pub. L. 102–10, § 4(5), Mar. 12, 1991, 105 Stat. 30, prescribed authorized uses of funds, prior to repeal by Pub. L. 103–82, § 103(a)(2). A prior section 115 of Pub. L. 101–610 was classified to section 12525 of this title prior to repeal by Pub. L. 103–82. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. § 12528. Federal, State, and local contributions (a) Corporation share (1) In general The Corporation share of the cost of car- rying out a program for which a grant is made from an allotment under this part— (A) for new grants may not exceed 80 per- cent of the total cost of the program for the first year of the grant period, 65 percent for the second year, and 50 percent for each re- maining year; and (B) for continuing grants, may not exceed 50 percent of the total cost of the program. (2) Noncorporation contribution In providing for the remaining share of the cost of carrying out such a program, each re- cipient of such a grant under this part— (A) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services; (B) except as provided in subparagraph (C), may provide for such share through Federal, State, or local sources, including private funds or donated services; and (C) may not provide for such share through Federal funds made available under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) [20 U.S.C. 6301 et seq.] or the Individuals with Disabil- ities Education Act (20 U.S.C. 1400 et seq.). (b) Waiver The Chief Executive Officer may waive the re- quirements of subsection (a) in whole or in part with respect to any such program for any fiscal year, on a determination that such a waiver would be equitable due to a lack of resources at the local level. (Pub. L. 101–610, title I, § 116, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1473.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(C), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6301 of Title 20 and Tables. The Individuals with Disabilities Education Act, re- ferred to in subsec. (a)(2)(C), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified gen- erally to chapter 33 (§ 1400 et seq.) of Title 20, Edu- cation. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. PRIOR PROVISIONS A prior section 12528, Pub. L. 101–610, title I, § 115A, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 831; amended Pub. L. 103–382, title III, § 394(h)(3), Oct. 20, 1994, 108 Stat. 4028, related to participation of students and teachers from private schools, prior to the general amendment of this part by Pub. L. 111–13.