U.S Code last checked for updates: May 18, 2024
§ 7351.
Program authorized
(a)
Grants to States
(1)
In general
(2)
Allotment
(3)
Specially qualified agencies
(A)
Eligibility and application
(B)
Direct awards
(C)
Specially qualified agency defined
(b)
Local awards
(1)
Eligibility
A local educational agency shall be eligible to receive a grant under this subpart if—
(A)
(i)
20 percent or more of the children ages 5 through 17 years served by the local educational agency are from families with incomes below the poverty line; and
(ii)
all of the schools served by the agency are designated with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; or
(B)
the agency meets the criteria established in clause (i) of subparagraph (A) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s request to waive the criteria described in clause (ii) of such subparagraph.
(2)
Certification
(3)
Award basis
A State educational agency shall award grants to eligible local educational agencies—
(A)
on a competitive basis;
(B)
according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools in the State; or
(C)
according to an alternative formula, if, prior to awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency to allot the grant funds in a manner that serves equal or greater concentrations of children from families with incomes below the poverty line, relative to the concentrations that would be served if the State educational agency used the formula described in subparagraph (B).
(c)
Reservations
From amounts appropriated under section 7355c of this title for this subpart for a fiscal year, the Secretary shall reserve—
(1)
one-half of 1 percent to make awards to elementary schools or secondary schools operated or supported by the Bureau of Indian Education, to carry out the activities authorized under this subpart; and
(2)
one-half of 1 percent to make awards to the outlying areas in accordance with their respective needs, to carry out the activities authorized under this subpart.
(Pub. L. 89–10, title V, § 5221, formerly title VI, § 6221, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1894; renumbered title V, § 5221, and amended Pub. L. 114–95, title V, §§ 5001(a)(4), (b)(3), (4), 5003(4), Dec. 10, 2015, 129 Stat. 2039, 2040, 2043.)
cite as: 20 USC 7351