20 U.S.C. § 7705 — Application for payments under sections

Page 1600 TITLE 20—EDUCATION § 7705 complaints involving the same tribe or local educational agency. (8) Withholding If the local educational agency rejects the determination of the Secretary, or if the rem- edy required is not undertaken within the time established and the Secretary determines that an extension of the time established will not effectively encourage the remedy required, the Secretary shall withhold payment of all moneys to which such local agency is eligible under section 7703 of this title until such time as the remedy required is undertaken, except where the complaining tribe or its designee formally requests that such funds be released to the local educational agency, except that the Secretary may not withhold such moneys during the course of the school year if the Sec- retary determines that such withholding would substantially disrupt the educational programs of the local educational agency. (9) Rejection of determination If the local educational agency rejects the determination of the Secretary and a tribe ex- ercises the option under section 1101(d) of the Education Amendments of 1978, to have edu- cation services provided either directly by the Bureau of Indian Education or by contract with the Bureau of Indian Education, any In- dian students affiliated with that tribe who wish to remain in attendance at the local edu- cational agency against whom the complaint which led to the tribal action under such sub- section (d) was lodged may be counted with re- spect to that local educational agency for the purpose of receiving funds under section 7703 of this title. In such event, funds under such section shall not be withheld pursuant to para- graph (8) and no further complaints with re- spect to such students may be filed under paragraph (1). (f) Construction This section is based upon the special relation- ship between the Indian nations and the United States and nothing in this section shall be con- strued to relieve any State of any duty with re- spect to any citizens of that State. (Pub. L. 89–10, title VII, § 7004, formerly title VIII, § 8004, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3759; renumbered title VII, § 7004, and amended Pub. L. 114–95, title VII, §§ 7001(c)(1), (d)(2), 7005, Dec. 10, 2015, 129 Stat. 2074, 2086.) Editorial Notes REFERENCES IN TEXT Section 1101(d) of the Education Amendments of 1978, referred to in subsec. (e)(9), is section 1101(d) of Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2315, set out below. AMENDMENTS 2015—Pub. L. 114–95, § 7001(d)(2), made technical amendments to references in original act which appear in text as references to section 7703 of this title. Subsec. (e)(9). Pub. L. 114–95, § 7005, substituted ‘‘In- dian Education’’ for ‘‘Indian Affairs’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. CONTRACT AUTHORITY OF INDIAN TRIBES IF REMEDIAL ACTION IS NOT TAKEN; ELECTION TO HAVE SERVICES PROVIDED BY BUREAU SCHOOLS; SPECIAL REGULA- TIONS Pub. L. 95–561, title XI, § 1101(d), Nov. 1, 1978, 92 Stat. 2315, directed Secretary of Health, Education, and Wel- fare, in cooperation with Commissioner of Education, within one year of Nov. 1, 1978, to promulgate special regulations which would provide that where a local educational agency had not undertaken the remedial action required by the Commissioner under 20 U.S.C. 240(b)(3)(C)(vi), the affected tribes could elect for the Bureau of Indian Affairs to provide educational serv- ices provided by the local educational agency. § 7705. Application for payments under sections 7702 and 7703 of this title (a) In general A local educational agency desiring to receive a payment under section 7702 or 7703 of this title shall— (1) submit an application for such payment to the Secretary; and (2) provide a copy of such application to the State educational agency. (b) Contents Each such application shall be submitted in such form and manner as the Secretary may re- quire, including— (1) information to determine the eligibility of the local educational agency for a payment and the amount of such payment; and (2) where applicable, an assurance that such agency is in compliance with section 7704 of this title (relating to children residing on In- dian lands). (c) Deadline for submission The Secretary shall establish deadlines for the submission of applications under this section. (d) Approval (1) In general The Secretary shall approve an application submitted under this section that— (A) except as provided in paragraph (2), is filed by the deadline established under sub- section (c); and (B) otherwise meets the requirements of this subchapter. (2) Reduction in payment The Secretary shall approve an application filed not more than 60 days after a deadline es- tablished under subsection (c), or not more than 60 days after the date on which the Sec- retary sends written notice to the local edu- cational agency pursuant to paragraph (3)(A), as the case may be, that otherwise meets the requirements of this subchapter, except that, notwithstanding section 7703(e) of this title, the Secretary shall reduce the payment based on such late application by 10 percent of the amount that would otherwise be paid. Page 1601 TITLE 20—EDUCATION § 7705 (3) Late applications (A) Notice The Secretary shall, as soon as practicable after the deadline established under sub- section (c), provide to each local educational agency that applied for a payment under section 7702 or 7703 of this title for the prior fiscal year, and with respect to which the Secretary has not received an application for a payment under either such section (as the case may be) for the fiscal year in ques- tion, written notice of the failure to comply with the deadline and instruction to ensure that the application is filed not later than 60 days after the date on which the Secretary sends the notice. (B) Acceptance and approval of late applica- tions The Secretary shall not accept or approve any application of a local educational agen- cy that is filed more than 60 days after the date on which the Secretary sends written notice to the local educational agency pur- suant to subparagraph (A). (4) State application authority Notwithstanding any other provision of law, a State educational agency that had been ac- cepted as an applicant for funds under section 3 of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in ef- fect on the day preceding October 20, 1994) in fiscal year 1994 shall be permitted to continue as an applicant under the same conditions by which such agency made application during such fiscal year only if such State educational agency distributes all funds received for the students for which application is being made by such State educational agency to the local educational agencies providing educational services to such students. (Pub. L. 89–10, title VII, § 7005, formerly title VIII, § 8005, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3761; amended Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1809], Oct. 30, 2000, 114 Stat. 1654, 1654A–382; renumbered title VII, § 7005, and amended Pub. L. 114–95, title VII, §§ 7001(c)(1), (d)(1), 7006, Dec. 10, 2015, 129 Stat. 2074, 2086.) Editorial Notes REFERENCES IN TEXT Section 3 of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on the day preceding October 20, 1994), referred to in subsec. (d)(4), means section 3 of act Sept. 30, 1950, ch. 1124, which was classified to section 238 of this title prior to repeal by Pub. L. 103–382, title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965. PRIOR PROVISIONS A prior section 7706, Pub. L. 89–10, title VIII, § 8006, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3762, related to payments for sudden and substantial in- creases in attendance of military dependents, prior to repeal by Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1810], Oct. 30, 2000, 114 Stat. 1654, 1654A–383. AMENDMENTS 2015—Pub. L. 114–95, § 7006(1), made technical amend- ment to reference in original act which appears in sec- tion catchline as reference to sections 7702 and 7703 of this title. Subsec. (a). Pub. L. 114–95, § 7006(2), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7703 of this title. Pub. L. 114–95, § 7001(d)(1), made technical amendment to reference in original act which appears in introduc- tory provisions as reference to section 7702 of this title. Subsec. (b). Pub. L. 114–95, § 7006(3), struck out ‘‘, and shall contain such information,’’ after ‘‘in such form and manner’’ in introductory provisions. Subsec. (b)(2). Pub. L. 114–95, § 7006(3)(B), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 7704 of this title. Subsec. (d)(2). Pub. L. 114–95, § 7006(4), made technical amendment to reference in original act which appears in text as reference to section 7703(e) of this title. Subsec. (d)(3)(A). Pub. L. 114–95, § 7006(2), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 7703 of this title. Pub. L. 114–95, § 7001(d)(1), made technical amendment to reference in original act which appears in text as reference to section 7702 of this title. 2000—Subsec. (d)(2). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1809(1)], inserted ‘‘, or not more than 60 days after the date on which the Secretary sends written no- tice to the local educational agency pursuant to para- graph (3)(A), as the case may be,’’ after ‘‘subsection (c)’’. Subsec. (d)(3). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1809(2)], amended heading and text generally. Prior to amendment, text read as follows: ‘‘The Secretary shall not accept or approve any application that is filed more than 60 days after a deadline established under sub- section (c) of this section.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. DATA TO BE USED FOR IMPACT AID PROGRAMS IN CERTAIN FISCAL YEARS Pub. L. 117–83, Jan. 21, 2022, 136 Stat. 6, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Supplemental Impact Aid Flexibility Act’. ‘‘SEC. 2. IMPACT AID PROGRAM. ‘‘Due to the public health emergency directly relat- ing to COVID–19 and notwithstanding sections 7002(j) and 7003(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(j), 7703(c)), a local educational agency desiring to receive a payment under section 7002 or 7003 of such Act (20 U.S.C. 7702, 7703) for fiscal year 2023 that also submitted an application for such pay- ment for fiscal year 2022 shall, in the application sub- mitted under section 7005 of such Act (20 U.S.C. 7705) for fiscal year 2023— ‘‘(1) with respect to a requested payment under sec- tion 7002 of such Act— ‘‘(A) use the data described in section 7002(j) of such Act relating to calculating such payment that was submitted by the local educational agency in the application for fiscal year 2022; or ‘‘(B) use the data relating to calculating such payment for the fiscal year required under section 7002(j) of such Act; and ‘‘(2) with respect to a requested payment under sec- tion 7003 of such Act— ‘‘(A) use the student count data relating to calcu- lating such payment that was submitted by the local educational agency in the application for fis- Page 1602 TITLE 20—EDUCATION § 7707 cal year 2022, provided that payments for fiscal year 2023 shall be calculated by the Secretary using the expenditures and rates described in clauses (i), (ii), (iii), and (iv) of section 7003(b)(1)(C) of such Act that would otherwise apply for fiscal year 2023; or ‘‘(B) use the student count data relating to calcu- lating such payment for the fiscal year required under section 7003(c) of such Act.’’ Pub. L. 116–211, § 2, Dec. 4, 2020, 134 Stat. 1017, provided that: ‘‘Due to the public health emergency relating to COVID–19 and notwithstanding sections 7002(j) and 7003(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(j), 7703(c)), a local educational agency desiring to receive a payment under section 7002 or 7003 of such Act (20 U.S.C. 7702, 7703) for fiscal year 2022 that also submitted an application for such pay- ment for fiscal year 2021 shall, in the application sub- mitted under section 7005 of such Act (20 U.S.C. 7705) for fiscal year 2022— ‘‘(1) with respect to a requested payment under sec- tion 7002 of such Act— ‘‘(A) use the data described in section 7002(j) of such Act relating to calculating such payment that was submitted by the local educational agency in the application for fiscal year 2021; or ‘‘(B) use the data relating to calculating such payment for the fiscal year required under section 7002(j) of such Act; and ‘‘(2) with respect to a requested payment under sec- tion 7003 of such Act— ‘‘(A) use the student count data relating to calcu- lating such payment that was submitted by the local educational agency in the application for fis- cal year 2021, provided that payments for fiscal year 2022 shall be calculated by the Secretary using the expenditures and rates described in clauses (i), (ii), (iii), and (iv) of section 7003(b)(1)(C) of such Act that would otherwise apply for fiscal year 2022; or ‘‘(B) use the student count data relating to calcu- lating such payment for the fiscal year required under section 7003(c) of such Act.’’ § 7707. Construction (a) Construction payments authorized (1) In general From 40 percent of the amount appropriated for each fiscal year under section 7714(d) of this title, the Secretary shall make payments in accordance with this subsection to each local educational agency that receives a basic support payment under section 7703(b) of this title for that fiscal year. (2) Additional requirements A local educational agency that receives a basic support payment under section 7703(b)(1) of this title shall also meet at least one of the following requirements: (A) The number of children determined under section 7703(a)(1)(C) of this title for the agency for the preceding school year constituted at least 50 percent of the total student enrollment in the schools of the agency during the preceding school year. (B) The number of children determined under subparagraphs (B) and (D)(i) of section 7703(a)(1) of this title for the agency for the preceding school year constituted at least 50 percent of the total student enrollment in the schools of the agency during the pre- ceding school year. (3) Amount of payments (A) Local educational agencies impacted by military dependent children The amount of a payment to each local educational agency described in this sub- section that is impacted by military depend- ent children for a fiscal year shall be equal to— (i)(I) 20 percent of the amount appro- priated under section 7714(d) of this title for such fiscal year; divided by (II) the total number of weighted student units of children described in subpara- graphs (B) and (D)(i) of section 7703(a)(1) of this title for all local educational agencies described in this subsection (as calculated under section 7703(a)(2) of this title), in- cluding the number of weighted student units of such children attending a school facility described in section 7708(a) of this title if the Secretary does not provide as- sistance for the school facility under that section for the prior fiscal year; multiplied by (ii) the total number of such weighted student units for the agency. (B) Local educational agencies impacted by children who reside on Indian lands The amount of a payment to each local educational agency described in this sub- section that is impacted by children who re- side on Indian lands for a fiscal year shall be equal to— (i)(I) 20 percent of the amount appro- priated under section 7714(d) of this title for such fiscal year; divided by (II) the total number of weighted student units of children described in section 7703(a)(1)(C) of this title for all local edu- cational agencies described in this sub- section (as calculated under section 7703(a)(2) of this title); multiplied by (ii) the total number of such weighted student units for the agency. (4) Use of funds Any local educational agency that receives funds under this subsection shall use such funds for construction, as defined in section 7713(3) of this title. (b) School facility emergency and modernization grants authorized (1) In general From 60 percent of the amount appropriated for each fiscal year under section 7714(d) of this title, the Secretary— (A) shall award emergency grants in ac- cordance with this subsection to eligible local educational agencies to enable the agencies to carry out emergency repairs of school facilities; and (B) shall award modernization grants in accordance with this subsection to eligible local educational agencies to enable the agencies to carry out the modernization of school facilities. (2) Priority In approving applications from local edu- cational agencies for emergency grants and modernization grants under this subsection, the Secretary shall give priority to applica- tions in accordance with the following: (A) The Secretary shall first give priority to applications for emergency grants from