42 U.S.C. § 12525 — Applications

Page 8306 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12524 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. 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. § 12524. Allotments (a) Indian tribes and territories Of the amounts appropriated to carry out this part for any fiscal year, the Corporation shall reserve an amount of not less than 2 percent and not more than 3 percent for payments to Indian tribes, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be allotted in ac- cordance with their respective needs. (b) Allotments through States (1) In general After reserving an amount under subsection (a), the Corporation shall use the remainder of the funds appropriated to carry out this part for the fiscal year as follows: (A) Allotments based on school-age youth From 50 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 50 per- cent of such remainder as the number of school-age youth in the State bears to the total number of school-age youth in all States. (B) Allotments based on allocations under El- ementary and Secondary Education Act of 1965 From 50 percent of such remainder, the Corporation shall allot to each State an amount that bears the same ratio to 50 per- cent of such remainder as the allocation to the State for the previous fiscal year under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) bears to the total of such allocations to all States. (2) Minimum amount For any fiscal year for which amounts ap- propriated for this division exceed $50,000,000, the minimum allotment to each State under paragraph (1) shall be $75,000. (c) Reallotment If the Corporation determines that the allot- ment of a State, territory, or Indian tribe under this section will not be required for a fiscal year because the State, territory, or Indian tribe did not submit and receive approval of an applica- tion for the allotment under section 12525 of this title, the Corporation shall make the allotment for such State, territory, or Indian tribe avail- able for grants to community-based entities to carry out service-learning programs as described in section 12523(b) of this title in such State, in such territory, or for such Indian tribe. After community-based entities apply for grants from the allotment, by submitting an application at such time and in such manner as the Corpora- tion requires, and receive approval, the remain- der of such allotment shall be available for real- lotment to such other States, territories, or In- dian tribes with approved applications sub- mitted under section 12525 of this title as the Corporation may determine to be appropriate. (Pub. L. 101–610, title I, § 112A, as added Pub. L. 111–13, title I, § 1201, Apr. 21, 2009, 123 Stat. 1470.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(1)(B), 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. PRIOR PROVISIONS A prior section 12524, Pub. L. 101–610, title I, § 112, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 827; amended Pub. L. 103–382, title III, §§ 391(y), 394(h)(2), Oct. 20, 1994, 108 Stat. 4026, 4028, related to grants and allotments, prior to the general amendment of this part by Pub. L. 111–13. Another prior section 12524, Pub. L. 101–610, title I, § 114, Nov. 16, 1990, 104 Stat. 3135; Pub. L. 102–10, § 4(4), Mar. 12, 1991, 105 Stat. 30, related to local applications for assistance, prior to repeal by Pub. L. 103–82, § 103(a)(2). 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. § 12525. Applications (a) Applications to Corporation for allotments (1) In general To be eligible to receive an allotment under section 12524 of this title, a State, acting through the State educational agency, terri- tory, or Indian tribe shall prepare and submit to the Corporation an application at such time and in such manner as the Chief Executive Of- ficer may reasonably require, and obtain ap- proval of the application. (2) Contents An application for an allotment under sec- tion 12523 of this title shall include— (A) a proposal for a 3-year plan promoting service-learning, which shall contain such information as the Chief Executive Officer may reasonably require, including how the applicant will integrate service opportuni- ties into the academic program of the par- ticipants; (B) information about the criteria the State educational agency, territory, or In- dian tribe will use to evaluate and grant ap- proval to applications submitted under sub- section (b), including an assurance that the State educational agency, territory, or In- dian tribe will comply with the requirement in section 12526(a) of this title; (C) assurances about the applicant’s ef- forts to— (i) ensure that students of different ages, races, sexes, ethnic groups, disabilities, 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