20 U.S.C. § 7423 — Amount of grants

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 Page 1540 TITLE 20—EDUCATION § 7424 1 So in original. Probably should be preceded by ‘‘section’’. agencies, without regard to the sources of funds from which such local or State expendi- tures were made, during the second fiscal year preceding the fiscal year for which the com- putation is made; divided by (2) the aggregate number of children who were included in average daily attendance for whom such agencies provided free public edu- cation during such preceding fiscal year. (d) Schools operated or supported by the Bureau of Indian Education (1) In general Subject to subsection (e), in addition to the grants awarded under subsection (a), the Sec- retary shall allocate to the Secretary of the Interior an amount equal to the product of— (A) the total number of Indian children en- rolled in schools that are operated by— (i) the Bureau of Indian Education; or (ii) an Indian tribe, or an organization controlled or sanctioned by an Indian trib- al government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] or the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.]; and (B) the greater of— (i) the average per pupil expenditure of the State in which the school is located; or (ii) 80 percent of the average per pupil expenditure of all the States. (2) Special rule Any school described in paragraph (1)(A) that wishes to receive an allocation under this subpart shall submit an application in accord- ance with section 7424 of this title, and shall otherwise be treated as a local educational agency for the purpose of this subpart, except that such school shall not be subject to sec- tion 7424(c)(4) of this title, section 7428(c) of this title, or section 7429 of this title. (e) Ratable reductions If the sums appropriated for any fiscal year under 7492(a) 1 of this title are insufficient to pay in full the amounts determined for local edu- cational agencies under subsection (a)(1) and for the Secretary of the Interior under subsection (d), each of those amounts shall be ratably re- duced. (Pub. L. 89–10, title VI, § 6113, formerly title VII, § 7113, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1908, renumbered title VI, § 6113, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), (3), § 6002(e), Dec. 10, 2015, 129 Stat. 2046, 2049.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination Act, referred to in subsec. (d)(1)(A)(ii), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to sub- chapter I (§ 5321 et seq.) of chapter 46 of Title 25, Indi- ans. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. The Tribally Controlled Schools Act of 1988, referred to in subsec. (d)(1)(A)(ii), is part B (§ 5201–5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, which is classified generally to chapter 27 (§ 2501 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2501 of Title 25 and Tables. PRIOR PROVISIONS A prior section 7423, Pub. L. 89–10, title VII, § 7113, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3720, related to program enhancement projects, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. A prior section 6113 of Pub. L. 89–10 was classified to section 7301b of this title, prior to repeal by Pub. L. 114–95. AMENDMENTS 2015—Subsec. (a)(1)(A). Pub. L. 114–95, § 6001(b)(3)(A), made technical amendment to reference in original act which appears in text as reference to section 7427 of this title. Subsec. (b)(1). Pub. L. 114–95, § 6002(e)(1), substituted ‘‘Bureau of Indian Education’’ for ‘‘Bureau of Indian Affairs’’. Pub. L. 114–95, § 6001(b)(3)(B), made technical amend- ment to reference in original act which appears in text as reference to section 7422 of this title. Subsec. (d). Pub. L. 114–95, § 6002(e)(2)(A), substituted ‘‘Indian Education’’ for ‘‘Indian Affairs’’ in heading. Subsec. (d)(1)(A)(i). Pub. L. 114–95, § 6002(e)(2)(B), sub- stituted ‘‘Bureau of Indian Education’’ for ‘‘Bureau of Indian Affairs’’. Subsec. (d)(2). Pub. L. 114–95, § 6001(b)(3)(C), made technical amendment to references in original act which appear in text as references to sections 7424, 7424(c)(4), 7428(c), and 7429 of this title. Subsec. (e). Pub. L. 114–95, § 6001(b)(3)(D), substituted ‘‘7492(a) of this title’’ for ‘‘section 7492(a) of this title’’. 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. § 7424. Applications (a) Application required Each entity described in section 7422(a) of this title that desires to receive a grant under this subpart shall submit an application to the Sec- retary at such time, in such manner, and con- taining such information as the Secretary may reasonably require. (b) Comprehensive program required Each application submitted under subsection (a) shall include a description of a comprehen- sive program for meeting the needs of Indian children served by the local educational agency, including the language and cultural needs of the children, that— (1) describes how the comprehensive pro- gram will offer programs and activities to meet the culturally related academic needs of Indian students; (2)(A) is consistent with the State, tribal, and local plans submitted under other provi- sions of this chapter; and