Title 20 — Education
Part A · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools
§ 7422. Grants to local educational agencies and tribes
Statutory text
In general
The Secretary may make grants, from allocations made under section 7423 of this title, and in accordance with this section and section 7423 of this title, to—
local educational agencies;
Indian tribes, as provided under subsection (c)(1);
Indian organizations, as provided under subsection (c)(1);
consortia of 2 or more local educational agencies, Indian tribes, Indian organizations, or Indian community-based organizations, if each local educational agency participating in such a consortium, if applicable—
provides an assurance that the eligible Indian children served by such local educational agency will receive the services of the programs funded under this subpart; and
is subject to all the requirements, assurances, and obligations applicable to local educational agencies under this subpart; and
Indian community-based organizations, as provided under subsection (d)(1).
Local educational agencies
Enrollment requirements
Subject to paragraph (2), a local educational agency shall be eligible for a grant under this subpart for any fiscal year if the number of Indian children eligible under section 7427 of this title who were enrolled in the schools of the agency, and to whom the agency provided free public education, during the preceding fiscal year—
was at least 10; or
constituted not less than 25 percent of the total number of individuals enrolled in the schools of such agency.
Cooperative agreements
A local educational agency may enter into a cooperative agreement with an Indian tribe under this subpart if such Indian tribe—
represents not less than 25 percent of the eligible Indian children who are served by such local educational agency; and
requests that the local educational agency enter into a cooperative agreement under this subpart.
Exclusion
The requirement of paragraph (1) shall not apply in Alaska, California, or Oklahoma, or with respect to any local educational agency located on, or in proximity to, a reservation.
Indian tribes and Indian organizations
In general
If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 7424(c)(4) of this title for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant.
Special rule
In general
The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph (1) as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart.
Exceptions
Notwithstanding subparagraph (A), such Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(4) of section 7424 of this title or section 7428(c) or 7429 of this title.
Assurance to serve all Indian children
An Indian tribe, Indian organization, or consortium of such entities that is eligible to apply for a grant under paragraph (1) shall include, in the application required under section 7424 of this title, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency.
Indian community-based organization
In general
If no local educational agency pursuant to subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under this subpart in a particular community, an Indian community-based organization serving the community of the local educational agency may apply for such grant.
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.
Definition of Indian community-based organization
In this subsection, the term “Indian community-based organization” means any organization that—
is composed primarily of Indian parents, family members, and community members, tribal government education officials, and tribal members, from a specific community;
assists in the social, cultural, and educational development of Indians in such community;
meets the unique cultural, language, and academic needs of Indian students; and
demonstrates organizational and administrative capacity to manage the grant.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Elementary and Secondary Education Act of 1965
Pub. L. 89–10 title VI § 6112 · 79 Stat. 27
Enacted · 20 U.S.C. § 7422
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
Source evidence
Code source credit
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. 1908Every Student Succeeds Act
Pub. L. 114–95 § 6002(d)(1) · 129 Stat. 1802
Added · 20 U.S.C. § 7422(a)
Pub. L. 114–95, § 6002(d)(1), added subsec. (a)
Struck · 20 U.S.C. § 7422(a)
Pub. L. 114–95, § 6002(d)(1), 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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(1) by striking subsection (a) and inserting the following: “(a) In General.— The Secretary may make grants, from allocations made under section 6113, and in accordance with this section and section 6113, to— “(1) local educational agencies; “(2) Indian tribes, as provided under subsection (c)(1); “(3) Indian organizations, as provided under subsection (c)(1); “(4) consortia of 2 or more local educational agencies, Indian tribes, Indian organizations, or Indian community-based organizations, if each local educational agency participating in such a consortium, if applicable— “(A) provides an assurance that the eligible Indian children served by such local educational agency will receive the services of the programs funded under this subpart; and “(B) is subject to all the requirements, assurances, and obligations applicable to local educational agencies under this subpart; and “(5) Indian community-based organizations, as provided under subsection (d)(1).” ;Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.Every Student Succeeds Act
Pub. L. 114–95 § 6002(d)(2)(A) · 129 Stat. 1802
Substituted · 20 U.S.C. § 7422(b)(1)
Pub. L. 114–95, § 6002(d)(2)(A), substituted “Subject to paragraph (2), a local educational agency shall” for “A local educational agency shall” in introductory provisions
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 114–95, § 6002(d)(2)(A), substituted “Subject to paragraph (2), a local educational agency shall” for “A local educational agency shall” in introductory provisions.Enacted provision · exact public law section
(A) in paragraph (1), by striking “A local educational agency shall” and inserting “Subject to paragraph (2), a local educational agency shall”;Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.Every Student Succeeds Act
Pub. L. 114–95 § 6001(b)(2) · 129 Stat. 1802
Changed · 20 U.S.C. § 7422(b)(1)
Pub. L. 114–95, § 6001(b)(2), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7427 of this title
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–95, § 6001(b)(2), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7427 of this title.Enacted provision · exact public law section
(2) in section 6112 20 USC 7422. (as so redesignated), in subsection (b)(1), by striking “section 7117” and inserting “section 6117”;Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.Every Student Succeeds Act
Pub. L. 114–95 § 6002(d)(2)(B) · 129 Stat. 1802
Added · 20 U.S.C. § 7422(b)(2); 20 U.S.C. § 7422(b)(3)
Pub. L. 114–95, § 6002(d)(2)(B), (C), added par. (2)
Redesignated · 20 U.S.C. § 7422(b)(2); 20 U.S.C. § 7422(b)(3)
Pub. L. 114–95, § 6002(d)(2)(B), (C), redesignated former par. (2) as (3)
Source evidence
Code amendment note
Subsec. (b)(2), (3). Pub. L. 114–95, § 6002(d)(2)(B), (C), added par. (2) and redesignated former par. (2) as (3).Enacted provision · exact public law section
(B) by redesignating paragraph (2) as paragraph (3); andEffective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.Every Student Succeeds Act
Pub. L. 114–95 § 6002(d)(3) · 129 Stat. 1802
Added · 20 U.S.C. § 7422(c); 20 U.S.C. § 7422(d)
Pub. L. 114–95, § 6002(d)(3), added subsecs. (c) and (d)
Struck · 20 U.S.C. § 7422(c); 20 U.S.C. § 7422(d)
Pub. L. 114–95, § 6002(d)(3), struck out former subsec. (c) which allowed certain Indian tribes to apply for grants
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 114–95, § 6002(d)(3), added subsecs. (c) and (d) and struck out former subsec. (c) which allowed certain Indian tribes to apply for grants.Enacted provision · exact public law section
(3) by striking subsection (c) and inserting the following: “(c) Indian Tribes and Indian Organizations.— “(1) In general.— If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 6114(c)(4) for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant. “(2) Special rule.— “(A) In general.— The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph (1) as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart. “(B) Exceptions.— Notwithstanding subparagraph (A), such Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(4) of section 6114 or section 6118(c) or 6119. “(3) Assurance to serve all indian children.— An Indian tribe, Indian organization, or consortium of such entities that is eligible to apply for a grant under paragraph (1) shall include, in the application required under section 6114, an assurance that the entity will use the grant funds to provide services 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 organization, or consortium pursuant to subsection (c), applies for a grant under this subpart 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 organization.— In this subsection, the term ‘Indian community-based organization’ means any organization that— “(A) is composed primarily of Indian parents, family members, and community members, tribal government education officials, and tribal members, from a specific community; “(B) assists in the social, cultural, and educational development of Indians in such community; “(C) meets the unique cultural, language, and academic needs of Indian students; and “(D) demonstrates organizational and administrative capacity to manage the grant.” .Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
8 of 9 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
A prior section 7422, Pub. L. 89–10, title VII, § 7112, as added Pub. L. 103–382, title I, § 101, , 108 Stat. 3719, related to program development and implementation 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), substituted “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 introductory 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 subsecs. (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 , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
Credits
2002–2015 · 2 acts
- 2002Pub. L. 89–10, title VI, § 6112, formerly title VII, § 7112, as added Pub. L. 107–110, title VII, § 701, , 115 Stat. 1908
- 2015renumbered title VI, § 6112, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), (2), 6002(d), , 129 Stat. 2046, 2048.
Show as published
(Pub. L. 89–10, title VI, § 6112, formerly title VII, § 7112, as added Pub. L. 107–110, title VII, § 701, , 115 Stat. 1908; renumbered title VI, § 6112, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), (2), 6002(d), , 129 Stat. 2046, 2048.)