20 U.S.C. § 3997 — Approval of applications

Page 1207 TITLE 20—EDUCATION § 3998 1 See References in Text note below. brary resources, and classroom instructional material; (B) an estimate of the number of elemen- tary and secondary students who will be aided by activities and expenditures under the grant; (C) assurances that— (i) except as provided in subsection (c), a minimum of 25 percent of the funds for each project will be supplied by business concerns within the community; (ii) no stipend shall be paid directly to employees of a profitmaking business con- cern; (iii) provision shall be made for the equi- table participation in the project of chil- dren who are enrolled in private elemen- tary and secondary schools; and (iv) consideration will be given to pro- grams and activities designed to meet the needs of educationally disadvantaged and other traditionally underserved popu- lations; and (4) if the funds are to be used for advanced placement programs as described in subsection (b)(2), a commitment as to the percentage of funds received from the State on a per student basis that shall be used by the local edu- cational agency to defray costs of the ad- vanced placement program. (c) Waiver The State may waive or reduce the amount of matching funds required under subsection (b)(3)(C)(i) if the State determines that— (1) substantial need exists in the area served by the applicant for a grant under this part; and (2) the required amount of matching funds cannot be made available. (d) Joint applications A regional consortium of applicants in 2 or more local school districts may file a joint ap- plication under subsection (a). (Pub. L. 98–377, title III, § 325, as added Pub. L. 100–418, title VI, § 6031(a)(2), Aug. 23, 1988, 102 Stat. 1481.) Editorial Notes REFERENCES IN TEXT Section 210, referred to in subsec. (a), is section 210 of Pub. L. 98–377, title II, Aug. 11, 1984, 98 Stat. 1280, which was classified to section 3970 of this title prior to repeal by Pub. L. 100–297, title II, § 2303, Apr. 28, 1988, 102 Stat. 324. § 3996. Submission of applications An applicant within a State that desires to re- ceive a grant under this part 1 shall submit an application prepared in accordance with section 3995 of this title to the State educational agency for approval. Each application with respect to funds for improvement of elementary and sec- ondary resources under section 3994(b)(1) of this title shall be submitted jointly by the local edu- cational agency and each business concern or other party that is to participate in the activi- ties for which assistance is sought. (Pub. L. 98–377, title III, § 326, as added Pub. L. 100–418, title VI, § 6031(a)(2), Aug. 23, 1988, 102 Stat. 1482.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this chapter’’ and was translated as reading ‘‘this part’’ to reflect the probable intent of Congress because title III of Pub. L. 98–377, which comprises this sub- chapter, does not contain chapters. § 3997. Approval of applications (a) Criteria The State shall establish criteria for approval of applications under this section. Such criteria shall include— (1) consideration of the local district’s need for, and inability to locally provide for, the ac- tivities, equipment, library and instructional materials requested; (2) the number and nature of elementary and secondary students who will benefit from the planned program; and (3) the expressed level of financial and in- kind commitment from other parties to the program. (b) Approval procedures The State shall adopt approval procedures de- signed to ensure that grants are equitably dis- tributed among— (1) rural, urban, and suburban areas; and (2) small, medium, and large local edu- cational agencies. (Pub. L. 98–377, title III, § 327, as added Pub. L. 100–418, title VI, § 6031(a)(2), Aug. 23, 1988, 102 Stat. 1482.) § 3998. Computation of grant amounts (a) Payments to grantees (1) Payment by State The State shall pay to the extent of amounts received by it from the Secretary under this part, to each applicant having an application approved under section 3997 of this title, the Federal share of the cost of the program de- scribed in the application. (2) Amount (A) Except as provided in subparagraph (B), the Federal share for each fiscal year shall be 75 percent. (B) In the case of an applicant that receives a waiver under section 3995(c) of this title, the Federal share for each fiscal year may be as much as 100 percent. (3) Non-Federal share The non-Federal share of payments under this part may be in cash or in kind, fairly evaluated, including plant, equipment, or serv- ices. (b) Payments to States Except as provided in subsection (c), each State shall receive under this part the greater of—