USC Subpart 1

USC Subpart 1
in effect

20 U.S.C. § 7421 Purpose

It is the purpose of this subpart to support the efforts of local educational agencies, Indian tribes and organizations, and other entities in developing elementary school and secondary school programs for Indian students that are designed to— (1) meet the unique cultural, language, and educational needs of such students; and (2) ensure that all students meet the challenging State academic standards.

20 U.S.C. § 7422 Grants to local educational agencies and tribes

(a) In generalThe 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—(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). (b) Local educational agencies(1) Enrollment requirementsSubject 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—(A) was at least 10; or (B) constituted not less than 25 percent of the total number of individuals enrolled in the schools of such agency. (2) Cooperative agreementsA local educational agency may enter into a cooperative agreement with an Indian tribe under this subpart if such Indian tribe—(A) represents not less than 25 percent of the eligible Indian children who are served by such local educational agency; and (B) requests that the local educational agency enter into a cooperative agreement under this subpart. (3) ExclusionThe 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. (c) Indian tribes and Indian organizations(1) In generalIf 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. (2) Special rule(A) In generalThe 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) ExceptionsNotwithstanding 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. (3) Assurance to serve all Indian childrenAn 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. (d) Indian community-based organization(1) In generalIf 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 ruleThe 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 organizationIn 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.

20 U.S.C. § 7423 Amount of grants

(a) Amount of grant awards(1) In generalExcept 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—(A) the number of Indian children who are eligible under section 7427 of this title and served by such agency; and (B) the greater of—(i) the average per pupil expenditure of the State in which such agency is located; or (ii) 80 percent of the average per pupil expenditure of all the States. (2) ReductionThe Secretary shall reduce the amount of each allocation otherwise determined under this section in accordance with subsection (e). (b) Minimum grant(1) In generalNotwithstanding 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. (2) ConsortiaLocal educational agencies may form a consortium for the purpose of obtaining grants under this subpart. (3) IncreaseThe 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. (c) DefinitionFor the purpose of this section, the term “average per pupil expenditure”, used with respect to a State, means an amount equal to—(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 (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. (d) Schools operated or supported by the Bureau of Indian Education(1) In generalSubject 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—(A) the total number of Indian children enrolled in schools that are operated by—(i) the Bureau of Indian Education; or (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 [25 U.S.C. 5321 et seq.] or the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.]; and (B) the greater of—(i) the average per pupil expenditure of the State in which the school is located; or (ii) 80 percent of the average per pupil expenditure of all the States. (2) Special ruleAny 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. (e) Ratable reductionsIf the sums appropriated for any fiscal year under 7492(a) 11 So in original. Probably should be preceded by “section”. 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.

20 U.S.C. § 7424 Applications

(a) Application requiredEach entity described in section 7422(a) of this title that desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Comprehensive program requiredEach application submitted under subsection (a) shall include a description of a comprehensive program for meeting the needs of Indian children served by the local educational agency, including the language and cultural needs of the children, that—(1) describes how the comprehensive program will offer programs and activities to meet the culturally related academic needs of Indian students; (2)(A) is consistent with the State, tribal, and local plans submitted under other provisions of this chapter; and (B) includes program objectives and outcomes for activities under this subpart that are based on the same challenging State academic standards developed by the State under subchapter I for all students; (3) explains how the grantee will use funds made available under this subpart to supplement other Federal, State, and local programs that meet the needs of Indian students; (4) demonstrates how funds made available under this subpart will be used for activities described in section 7425 of this title; (5) describes the professional development opportunities that will be provided, as needed, to ensure that—(A) teachers and other school professionals who are new to the Indian community are prepared to work with Indian children; and (B) all teachers who will be involved in programs assisted under this subpart have been properly trained to carry out such programs; (6) describes how the local educational agency—(A) will periodically assess the progress of all Indian children enrolled in the schools of the local educational agency, including Indian children who do not participate in programs assisted under this subpart, in meeting the goals described in paragraph (2); (B) will provide the results of each assessment referred to in subparagraph (A) to—(i) the committee described in subsection (c)(4); (ii) the community served by the local educational agency; and (iii) the Indian tribes whose children are served by the local educational agency, consistent with section 1232g of this title (commonly referred to as the “Family Educational Rights and Privacy Act of 1974”); and (C) is responding to findings of any previous assessments that are similar to the assessments described in subparagraph (A); and (7) describes the process the local educational agency used to meaningfully collaborate with Indian tribes located in the community in a timely, active, and ongoing manner in the development of the comprehensive program and the actions taken as a result of such collaboration. (c) AssurancesEach application submitted under subsection (a) shall include assurances that—(1) the local educational agency will use funds received under this subpart only to supplement the funds that, in the absence of the Federal funds made available under this subpart, such agency would make available for services described in this subsection, and not to supplant such funds; (2) the local educational agency will prepare and submit to the Secretary such reports, in such form and containing such information, as the Secretary may require to—(A) carry out the functions of the Secretary under this subpart; (B) determine the extent to which activities carried out with funds provided to the local educational agency under this subpart are effective in improving the educational achievement of Indian students served by such agency, and meet program objectives and outcomes for activities under this subpart; and (C) determine the extent to which such activities by the local educational agency address the unique cultural, language, and educational needs of Indian students; (3) the program for which assistance is sought—(A) is based on a comprehensive local assessment and prioritization of the unique educational and culturally related academic needs of the Indian students for whom the local educational agency is providing an education; (B) will use the best available talents and resources, including individuals from the Indian community; and (C) was developed by such agency in open consultation with parents of Indian children and teachers, representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribes have any children in such school, Indian organizations, and, if appropriate, Indian students from secondary schools, including through public hearings held by such agency to provide to the individuals described in this subparagraph a full opportunity to understand the program and to offer recommendations regarding the program; (4) the local educational agency developed the program with the participation and written approval of a committee—(A) that is composed of, and selected by—(i) parents and family members of Indian children in the local educational agency’s schools; (ii) representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribes have any children in such school; (iii) teachers in the schools; and (iv) if appropriate, Indian students attending secondary schools of the agency; (B) a majority of whose members are parents and family members of Indian children; (C) with respect to an application describing a schoolwide program in accordance with section 7425(c) of this title, that has—(i) reviewed in a timely fashion the program; (ii) determined that the program will not diminish the availability of culturally related activities for Indian students; and (iii) determined that the program will directly enhance the educational experience of Indian students; and (D) that has adopted reasonable bylaws for the conduct of the activities of the committee and abides by such bylaws; (5) the local educational agency will coordinate activities under this subchapter with other Federal programs supporting educational and related services administered by such agency; (6) the local educational agency conducted outreach to parents and family members to meet the requirements under this paragraph; (7) the local educational agency will use funds received under this subpart only for activities described and authorized in this subpart; and (8) the local educational agency has set forth such policies and procedures, including policies and procedures relating to the hiring of personnel, as will ensure that the program for which assistance is sought will be operated and evaluated in consultation with, and with the involvement of, parents and family members of the children, and representatives of the area, to be served. (d) Technical assistanceThe Secretary shall, directly or by contract, provide technical assistance to a local educational agency or Bureau of Indian Education school upon request (in addition to any technical assistance available under other provisions of this chapter or available through the Institute of Education Sciences) to support the services and activities provided under this subpart, including technical assistance for—(1) the development of applications under this subpart, including identifying eligible entities that have not applied for such grants and undertaking appropriate activities to encourage such entities to apply for grants under this subpart; (2) improvement in the quality of implementation, content, and evaluation of activities supported under this subpart; and (3) integration of activities under this subpart with other educational activities carried out by the local educational agency.

20 U.S.C. § 7425 Authorized services and activities

(a) General requirementsEach local educational agency that receives a grant under this subpart shall use the grant funds, in a manner consistent with the purpose specified in section 7421 of this title, for services and activities that—(1) are designed to carry out the comprehensive program of the local educational agency for Indian students, and described in the application of the local educational agency submitted to the Secretary under section 7424(a) of this title solely for the services and activities described in such application; (2) are designed to be responsive to the language and cultural needs of the Indian students; and (3) supplement and enrich the regular school program of such agency. (b) Particular activitiesThe services and activities referred to in subsection (a) may include—(1) activities that support Native American language programs and Native American language restoration programs, which may be taught by traditional leaders; (2) culturally related activities that support the program described in the application submitted by the local educational agency; (3) early childhood and family programs that emphasize school readiness; (4) enrichment programs that focus on problem solving and cognitive skills development and directly support the attainment of challenging State academic standards; (5) integrated educational services in combination with other programs that meet the needs of Indian children and their families, including programs that promote parental involvement in school activities and increase student achievement; (6) career preparation activities to enable Indian students to participate in programs such as the programs supported by the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), including programs for mentoring and apprenticeship; (7) activities to educate individuals so as to prevent violence, suicide, and substance abuse; (8) the acquisition of equipment, but only if the acquisition of the equipment is essential to achieve the purpose described in section 7421 of this title; (9) activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational program of the local educational agency; (10) family literacy services; (11) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors; (12) dropout prevention strategies for Indian students; and (13) strategies to meet the educational needs of at-risk Indian students in correctional facilities, including such strategies that support Indian students who are transitioning from such facilities to schools served by local educational agencies. (c) Schoolwide programsNotwithstanding any other provision of law, a local educational agency may use funds made available to such agency under this subpart to support a schoolwide program under section 6314 of this title if—(1) the committee established pursuant to section 7424(c)(4) of this title approves the use of the funds for the schoolwide program; (2) the schoolwide program is consistent with the purpose described in section 7421 of this title; and (3) the local educational agency identifies in its application how the use of such funds in a schoolwide program will produce benefits to Indian students that would not be achieved if the funds were not used in a schoolwide program. (d) Limitation on administrative costsNot more than 5 percent of the funds provided to a grantee under this subpart for any fiscal year may be used for administrative purposes. (e) Limitation on the use of fundsFunds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities that are available locally or regionally.

20 U.S.C. § 7426 Integration of services authorized

(a) PlanAn entity receiving funds under this subpart may submit a plan to the Secretary for the integration of education and related services provided to Indian students. (b) Consolidation of programsUpon the receipt of an acceptable plan under subsection (a), the Secretary, in cooperation with each Federal agency providing grants for the provision of education and related services to the entity, shall authorize the entity to consolidate, in accordance with such plan, the federally funded education and related services programs of the entity and the Federal programs, or portions of the programs, serving Indian students in a manner that integrates the program services involved into a single, coordinated, comprehensive program and reduces administrative costs by consolidating administrative functions. (c) Programs affectedThe funds that may be consolidated in a demonstration project under any such plan referred to in subsection (a) shall include funds for any Federal program exclusively serving Indian children, or the funds reserved under any Federal program to exclusively serve Indian children, under which the entity is eligible for receipt of funds under a statutory or administrative formula for the purposes of providing education and related services that would be used to serve Indian students. (d) Plan requirementsFor a plan to be acceptable pursuant to subsection (b), the plan shall—(1) identify the programs or funding sources to be consolidated; (2) be consistent with the objectives of this section concerning authorizing the services to be integrated in a demonstration project; (3) describe a comprehensive strategy that identifies the full range of potential educational opportunities and related services to be provided to assist Indian students to achieve the objectives set forth in this subpart; (4) describe the way in which services are to be integrated and delivered and the results expected from the plan; (5) identify the projected expenditures under the plan in a single budget; (6) identify the State, tribal, or local agency or agencies to be involved in the delivery of the services integrated under the plan; (7) identify any statutory provisions, regulations, policies, or procedures that the entity believes need to be waived in order to implement the plan; (8) set forth measures for academic content and student academic achievement goals designed to be met within a specific period of time; and (9) be approved by a committee formed in accordance with section 7424(c)(4) of this title, if such a committee exists. (e) Plan reviewUpon receipt of the plan from an eligible entity, the Secretary shall consult with the Secretary of each Federal department providing funds to be used to implement the plan, and with the entity submitting the plan. The parties so consulting shall identify any waivers of statutory requirements or of Federal departmental regulations, policies, or procedures necessary to enable the entity to implement the plan. Notwithstanding any other provision of law, the Secretary of the affected department shall have the authority to waive any regulation, policy, or procedure promulgated by that department that has been so identified by the entity or department, unless the Secretary of the affected department determines that such a waiver is inconsistent with the objectives of this subpart or those provisions of the statute from which the program involved derives authority that are specifically applicable to Indian students. (f) Plan approvalWithin 90 days after the receipt of an entity’s plan by the Secretary, the Secretary shall inform the entity, in writing, of the Secretary’s approval or disapproval of the plan. If the plan is disapproved, the entity shall be informed, in writing, of the reasons for the disapproval and shall be given an opportunity to amend the plan or to petition the Secretary to reconsider such disapproval. (g) Responsibilities of Department of EducationNot later than 180 days after December 10, 2015, the Secretary of Education, the Secretary of the Interior, the Secretary of Health and Human Services, and the head of any other Federal department or agency identified by the Secretary of Education, shall enter into an interdepartmental memorandum of agreement providing for the implementation and coordination of the demonstration projects authorized under this section. The lead agency head for a demonstration project under this section shall be—(1) the Secretary of the Interior, in the case of an entity meeting the definition of a contract or grant school under title XI of the Education Amendments of 1978 [25 U.S.C. 2001 et seq.]; or (2) the Secretary of Education, in the case of any other entity. (h) Responsibilities of lead agencyThe responsibilities of the lead agency shall include—(1) the use of a single report format related to the plan for the individual project, which shall be used by an eligible entity to report on the activities undertaken under the project; (2) the use of a single report format related to the projected expenditures for the individual project which shall be used by an eligible entity to report on all project expenditures; (3) the development of a single system of Federal oversight for the project, which shall be implemented by the lead agency; and (4) the provision of technical assistance to an eligible entity appropriate to the project, except that an eligible entity shall have the authority to accept or reject the plan for providing such technical assistance and the technical assistance provider. (i) Report requirementsA single report format shall be developed by the Secretary, consistent with the requirements of this section. Such report format shall require that reports described in subsection (h), together with records maintained on the consolidated program at the local level, shall contain such information as will allow a determination that the eligible entity has complied with the requirements incorporated in its approved plan, including making a demonstration of student academic achievement, and will provide assurances to each Secretary that the eligible entity has complied with all directly applicable statutory requirements and with those directly applicable regulatory requirements that have not been waived. (j) No reduction in amountsIn no case shall the amount of Federal funds available to an eligible entity involved in any demonstration project be reduced as a result of the enactment of this section. (k) Interagency fund transfers authorizedThe Secretary is authorized to take such action as may be necessary to provide for an interagency transfer of funds otherwise available to an eligible entity in order to further the objectives of this section. (l) Administration of funds(1) In generalProgram funds for the consolidated programs shall be administered in such a manner as to allow for a determination that funds from a specific program are spent on allowable activities authorized under such program, except that the eligible entity shall determine the proportion of the funds granted that shall be allocated to such program. (2) Separate records not requiredNothing in this section shall be construed as requiring the eligible entity to maintain separate records tracing any services or activities conducted under the approved plan to the individual programs under which funds were authorized for the services or activities, nor shall the eligible entity be required to allocate expenditures among such individual programs. (m) OverageThe eligible entity may commingle all administrative funds from the consolidated programs and shall be entitled to the full amount of such funds (under each program’s or agency’s regulations). The overage (defined as the difference between the amount of the commingled funds and the actual administrative cost of the programs) shall be considered to be properly spent for Federal audit purposes, if the overage is used for the purposes provided for under this section. (n) Fiscal accountabilityNothing in this part shall be construed so as to interfere with the ability of the Secretary or the lead agency to fulfill the responsibilities for the safeguarding of Federal funds pursuant to chapter 75 of title 31. (o) Report on statutory obstacles to program integration(1) Preliminary reportNot later than 2 years after December 10, 2015, the Secretary of Education shall submit a preliminary report to the Committee on Education and the Workforce and the Committee on Resources of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Indian Affairs of the Senate on the status of the implementation of the demonstration projects authorized under this section. (2) Final reportNot later than 5 years after December 10, 2015, the Secretary of Education shall submit a report to the Committee on Education and the Workforce and the Committee on Resources of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Indian Affairs of the Senate on the results of the implementation of the demonstration projects authorized under this section. (p) DefinitionsFor the purposes of this section, the term “Secretary” means—(1) the Secretary of the Interior, in the case of an entity meeting the definition of a contract or grant school under title XI of the Education Amendments of 1978 [25 U.S.C. 2001 et seq.]; or (2) the Secretary of Education, in the case of any other entity.

20 U.S.C. § 7427 Student eligibility forms

(a) In generalThe Secretary shall require that, as part of an application for a grant under this subpart, each applicant shall maintain a file, with respect to each Indian child for whom the local educational agency provides a free public education, that contains a form that sets forth information establishing the status of the child as an Indian child eligible for assistance under this subpart, and that otherwise meets the requirements of subsection (b). All individual data collected shall be protected by the local educational agencies and only aggregated data shall be reported to the Secretary. (b) FormsThe form described in subsection (a) shall include—(1) either—(A)(i) the name of the tribe or band of Indians (as defined in section 7491 of this title) with respect to which the child claims membership; (ii) the enrollment number establishing the membership of the child (if readily available); and (iii) the name and address of the organization that maintains updated and accurate membership data for such tribe or band of Indians; or (B) the name, the enrollment number (if readily available), and the name and address of the organization responsible for maintaining updated and accurate membership data, of any parent or grandparent of the child from whom the child claims eligibility under this subpart, if the child is not a member of the tribe or band of Indians (as so defined); (2) a statement of whether the tribe or band of Indians (as so defined), with respect to which the child, or parent or grandparent of the child, claims membership, is federally recognized; (3) the name and address of the parent or legal guardian of the child; (4) a signature of the parent or legal guardian of the child that verifies the accuracy of the information supplied; and (5) any other information that the Secretary considers necessary to provide an accurate program profile. (c) Statutory constructionNothing in this section shall be construed to affect a definition contained in section 7491 of this title. (d) Documentation and types of proof(1) Types of proofFor purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant award under section 7423 of this title, the membership of the child, or any parent or grandparent of the child, in a tribe or band of Indians (as so defined) may be established by proof other than an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number. (2) No new or duplicative determinationsOnce a child is determined to be an Indian eligible to be counted for such grant award, the local educational agency shall maintain a record of such determination and shall not require a new or duplicate determination to be made for such child for a subsequent application for a grant under this subpart. (3) Previously filed formsAn Indian student eligibility form that was on file as required by this section on the day before December 10, 2015, and that met the requirements of this section, as this section was in effect on the day before December 10, 2015, shall remain valid for such Indian student. (e) Monitoring and evaluation review(1) In general(A) ReviewFor each fiscal year, in order to provide such information as is necessary to carry out the responsibility of the Secretary to provide technical assistance under this subpart, the Secretary shall conduct a monitoring and evaluation review of a sampling of the recipients of grants under this subpart. The sampling conducted under this subparagraph shall take into account the size of and the geographic location of each local educational agency. (B) ExceptionA local educational agency may not be held liable to the United States or be subject to any penalty, by reason of the findings of an audit that relates to the date of completion, or the date of submission, of any forms used to establish, before April 28, 1988, the eligibility of a child for an entitlement under the Indian Elementary and Secondary School Assistance Act. (2) False informationAny local educational agency that provides false information in an application for a grant under this subpart shall—(A) be ineligible to apply for any other grant under this subpart; and (B) be liable to the United States for any funds from the grant that have not been expended. (3) Excluded childrenA student who provides false information for the form required under subsection (a) shall not be counted for the purpose of computing the amount of a grant under section 7423 of this title. (f) Tribal grant and contract schoolsNotwithstanding any other provision of this section, in calculating the amount of a grant under this subpart to a tribal school that receives a grant or contract from the Bureau of Indian Education, the Secretary shall use only one of the following, as selected by the school:(1) A count of the number of students in the schools certified by the Bureau. (2) A count of the number of students for whom the school has eligibility forms that comply with this section. (g) Timing of child countsFor purposes of determining the number of children to be counted in calculating the amount of a local educational agency’s grant under this subpart (other than in the case described in subsection (f)(1)), the local educational agency shall—(1) establish a date on, or a period not longer than 31 consecutive days during, which the agency counts those children, if that date or period occurs before the deadline established by the Secretary for submitting an application under section 7424 of this title; and (2) determine that each such child was enrolled, and receiving a free public education, in a school of the agency on that date or during that period, as the case may be.

20 U.S.C. § 7428 Payments

(a) In generalSubject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits an application that is approved by the Secretary under this subpart the amount determined under section 7423 of this title. The Secretary shall notify the local educational agency of the amount of the payment not later than June 1 of the year for which the Secretary makes the payment. (b) Payments taken into account by the StateThe Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State in which the local educational agency is located takes into consideration payments made under this chapter 11 So in original. Probably should be “this subpart”. in determining the eligibility of the local educational agency for State aid, or the amount of the State aid, with respect to the free public education of children during such fiscal year or the preceding fiscal year. (c) Reduction of payment for failure to maintain fiscal effortEach local educational agency shall maintain fiscal effort in accordance with section 7901 of this title or be subject to reduced payments under this subpart in accordance with such section 7901 of this title. (d) ReallocationsThe Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose of this subpart, any amounts that—(1) based on estimates made by local educational agencies or other information, the Secretary determines will not be needed by such agencies to carry out approved programs under this subpart; or (2) otherwise become available for reallocation under this subpart.

20 U.S.C. § 7429 State educational agency review

Before submitting an application to the Secretary under section 7424 of this title, a local educational agency shall submit the application to the State educational agency, which may comment on such application. If the State educational agency comments on the application, the agency shall comment on all applications submitted by local educational agencies in the State and shall provide those comments to the respective local educational agencies, with an opportunity to respond.

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