Pub. L. 89-10, tit. I, pt. B, sec. 1203 (as amended)
ALLOTMENT OF APPROPRIATED FUNDS.
SEC. 1203. [20 U.S.C. 6363] ALLOTMENT OF APPROPRIATED FUNDS.
(a) Amounts Equal to or Less Than Trigger Amount.—From amounts made available for each fiscal year under subsection 1002(b) that are equal to or less
than the amount described in section 1111(b)(2)(I), the Secretary shall—
(1) reserve one-half of 1 percent for the Bureau of Indian Education;
(2) reserve one-half of 1 percent for the outlying areas;
(3) reserve not more than 20 percent to carry out section 1202; and
(4) from the remainder, carry out section 1201 by allocating to each State an amount equal to—
(A) $3,000,000, except for a fiscal year for which the amounts available are insufficient to allocate
such amount to each State, the Secretary shall ratably reduce such amount
for each State; and
(B) with respect to any amounts remaining after the allocation under subparagraph (A), an amount that
bears the same relationship to such total remaining amounts as the number
of students aged 5 through 17 in the State (as determined by the Secretary
on the basis of the most recent satisfactory data) bears to the total
number of such students in all States.
(b) Amounts Above Trigger Amount.—For any fiscal year for which the amount made available for a fiscal year under subsection 1002(b)
exceeds the amount described in section 1111(b)(2)(I), the Secretary shall
make such excess amount available as follows:
(1) Competitive grants.—
(A) In general.—The Secretary shall first use such funds to award grants, on a competitive basis, to State
educational agencies or consortia of State educational agencies that have
submitted applications described in subparagraph (B) to enable such States
to carry out the activities described in subparagraphs (C), (H), (I), (J),
(K), and (L) of section 1201(a)(2).
(B) Applications.—A State, or a consortium of States, that desires a competitive grant under subparagraph (A) shall
submit an application to the Secretary at such time and in such manner as
the Secretary may reasonably require. The application shall demonstrate
that the requirements of this section will be met for the uses of funds
described under subparagraph (A).
(C) Amount of competitive grants.—In determining the amount of a grant under subparagraph (A), the Secretary shall ensure that a
State or consortium's grant, as the case may be, shall include an amount
that bears the same relationship to the total funds available to carry out
this subsection for the fiscal year as the number of students aged 5
through 17 in the State, or, in the case of a consortium, in each State
that comprises the consortium, (as determined by the Secretary on the
basis of the most recent satisfactory data) bears to the total number of
such students in all States.
(2) Allotments.—Any amounts remaining after the Secretary awards funds under paragraph (1) shall be allotted to
each State, or consortium of States, that did not receive a grant under
such paragraph, in an amount that bears the same relationship to the
remaining amounts as the number of students aged 5 through 17 in the
State, or, in the case of a consortium, in the States of the consortium,
(as determined by the Secretary on the basis of the most recent
satisfactory data) bears to the total number of such students in all
States.
(c) State Defined.—In this part, the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(d) Prohibition.—In making funds available to States under this part, the Secretary shall comply with the
prohibitions described in section 8529.
- Cross-references to the US Code
- 20 U.S.C. 6363