Except as provided in subsection (b) and paragraph (2), the Secretary shall allocate to each local educational agency that has an approved application under this subpart an amount equal to the product of-
The Secretary shall reduce the amount of each allocation otherwise determined under this section in accordance with subsection (e).
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 approved by the Secretary, shall, subject to appropriations, receive a grant under this subpart in an amount that is not less than $3,000.
Local educational agencies may form a consortium for the purpose of obtaining grants under this subpart.
The Secretary may increase the minimum grant under paragraph (1) to not more than $4,000 for all grantees if the Secretary determines such increase is necessary to ensure the quality of the programs provided.
For the purpose of this section, the term "average per pupil expenditure", used with respect to a State, means an amount equal to-
Subject to subsection (e), in addition to the grants awarded under subsection (a), the Secretary shall allocate to the Secretary of the Interior an amount equal to the product of-
Any school described in paragraph (1)(A) that wishes to receive an allocation under this subpart shall submit an application in accordance 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 section 7424(c)(4) of this title, section 7428(c) of this title, or section 7429 of this title.
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 educational agencies under subsection (a)(1) and for the Secretary of the Interior under subsection (d), each of those amounts shall be ratably reduced.
1 So in original. Probably should be preceded by "section".
20 U.S.C. § 7423
EDITORIAL NOTES
REFERENCES IN TEXTThe 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 subchapter I (§5321 et seq.) of chapter 46 of Title 25, Indians. 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 section 2501 of Title 25 and Tables.
PRIOR PROVISIONSA prior section 7423, Pub. L. 89-10, title VII, §7113, as added Pub. L. 103-382, §101, 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.
AMENDMENTS2015-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 amendment 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), substituted "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 programs and competitive programs, see section 5 of Pub. L. 114-95, set out as a note under section 6301 of this title.
- Department
- The term "Department" means the Department of Education.
- Secretary
- The term "Secretary" means the Secretary of Education.
- State
- The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
- current expenditures
- The term "current expenditures" means expenditures for free public education-(A) including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but(B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under subchapter I.