{"identifier":"/us/usc/t20/s7423","title":20,"num":"\u00a7\u202f7423.","heading":"Amount of grants","text":"\u00a7\u202f7423.\nAmount of grants\n(a)\nAmount of grant awards\n(1)\nIn general\nExcept 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\u2014\n(A) the number of Indian children who are eligible under\nsection 7427 of this title\n(B) the greater of\u2014\n(i) the average per pupil expenditure of the State in which such agency is located; or\n(ii) 80 percent of the average per pupil expenditure of all the States.\n(2)\nReduction\nThe Secretary shall reduce the amount of each allocation otherwise determined under this section in accordance with subsection (e).\n(b)\nMinimum grant\n(1)\nIn general\nNotwithstanding subsection (e), an entity that is eligible for a grant under\nsection 7422 of this title\n(2)\nConsortia\nLocal educational agencies may form a consortium for the purpose of obtaining grants under this subpart.\n(3)\nIncrease\nThe 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.\n(c)\nDefinition\nFor the purpose of this section, the term \u201caverage per pupil expenditure\u201d, used with respect to a State, means an amount equal to\u2014\n(1) the sum of the aggregate current expenditures of all the local educational agencies in the State, plus any direct current expenditures by the State for the operation of such agencies, without regard to the sources of funds from which such local or State expenditures were made, during the second fiscal year preceding the fiscal year for which the computation is made; divided by\n(2) the aggregate number of children who were included in average daily attendance for whom such agencies provided free public education during such preceding fiscal year.\n(d)\nSchools operated or supported by the Bureau of Indian Education\n(1)\nIn general\nSubject 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\u2014\n(A) the total number of Indian children enrolled in schools that are operated by\u2014\n(i) the Bureau of Indian Education; or\n(ii) an Indian tribe, or an organization controlled or sanctioned by an Indian tribal 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 [\n25 U.S.C. 5321\n25 U.S.C. 2501\n(B) the greater of\u2014\n(i) the average per pupil expenditure of the State in which the school is located; or\n(ii) 80 percent of the average per pupil expenditure of all the States.\n(2)\nSpecial rule\nAny school described in paragraph (1)(A) that wishes to receive an allocation under this subpart shall submit an application in accordance with\nsection 7424 of this title\nsection 7424(c)(4) of this title\nsection 7428(c) of this title\nsection 7429 of this title\n(e)\nRatable reductions\nIf the sums appropriated for any fiscal year under 7492(a)\n1\n1 So in original. Probably should be preceded by \u201csection\u201d.","url":"https://projectusc.org/usc/t20/s7423.html","content":[{"t":"sec","id":"/us/usc/t20/s7423","children":[{"t":"num","text":"\u00a7\u202f7423."},{"t":"heading","text":"Amount of grants"},{"t":"subsec","id":"/us/usc/t20/s7423/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Amount of grant awards"},{"t":"para","id":"/us/usc/t20/s7423/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t20/s7423/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the number of Indian children who are eligible under ","children":[{"t":"ref","text":"section 7427 of this title","href":"/us/usc/t20/s7427","tail":" and served by such agency; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7423/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" the greater of\u2014"},{"t":"clause","id":"/us/usc/t20/s7423/a/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the average per pupil expenditure of the State in which such agency is located; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7423/a/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 80 percent of the average per pupil expenditure of all the States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7423/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Reduction"},{"t":"content","children":[{"t":"p","text":"The Secretary shall reduce the amount of each allocation otherwise determined under this section in accordance with subsection (e).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s7423/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Minimum grant"},{"t":"para","id":"/us/usc/t20/s7423/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Notwithstanding subsection (e), an entity that is eligible for a grant under ","children":[{"t":"ref","text":"section 7422 of this title","href":"/us/usc/t20/s7422","tail":", 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7423/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Consortia"},{"t":"content","children":[{"t":"p","text":"Local educational agencies may form a consortium for the purpose of obtaining grants under this subpart.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7423/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Increase"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s7423/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Definition"},{"t":"chapeau","text":"For the purpose of this section, the term \u201caverage per pupil expenditure\u201d, used with respect to a State, means an amount equal to\u2014"},{"t":"para","id":"/us/usc/t20/s7423/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the sum of the aggregate current expenditures of all the local educational agencies in the State, plus any direct current expenditures by the State for the operation of such agencies, without regard to the sources of funds from which such local or State expenditures were made, during the second fiscal year preceding the fiscal year for which the computation is made; divided by","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7423/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the aggregate number of children who were included in average daily attendance for whom such agencies provided free public education during such preceding fiscal year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s7423/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Schools operated or supported by the Bureau of Indian Education"},{"t":"para","id":"/us/usc/t20/s7423/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t20/s7423/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" the total number of Indian children enrolled in schools that are operated by\u2014"},{"t":"clause","id":"/us/usc/t20/s7423/d/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the Bureau of Indian Education; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7423/d/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" an Indian tribe, or an organization controlled or sanctioned by an Indian tribal 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 [","children":[{"t":"ref","text":"25 U.S.C. 5321","href":"/us/usc/t25/s5321","tail":" et seq.] or the Tribally Controlled Schools Act of 1988 ["},{"t":"ref","text":"25 U.S.C. 2501","href":"/us/usc/t25/s2501","tail":" et seq.]; and"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7423/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" the greater of\u2014"},{"t":"clause","id":"/us/usc/t20/s7423/d/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the average per pupil expenditure of the State in which the school is located; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7423/d/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 80 percent of the average per pupil expenditure of all the States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7423/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Special rule"},{"t":"content","children":[{"t":"p","text":"Any school described in paragraph (1)(A) that wishes to receive an allocation under this subpart shall submit an application in accordance with ","children":[{"t":"ref","text":"section 7424 of this title","href":"/us/usc/t20/s7424","tail":", 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 "},{"t":"ref","text":"section 7424(c)(4) of this title","href":"/us/usc/t20/s7424/c/4","tail":", "},{"t":"ref","text":"section 7428(c) of this title","href":"/us/usc/t20/s7428/c","tail":", or "},{"t":"ref","text":"section 7429 of this title","href":"/us/usc/t20/s7429","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s7423/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Ratable reductions"},{"t":"content","children":[{"t":"p","text":"If the sums appropriated for any fiscal year under 7492(a)\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be preceded by \u201csection\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be preceded by \u201csection\u201d.","tail":" 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}