View all text of Subpart 2 [§ 1070a-11 - § 1070a-81]
§ 1070a–23. Applications
(a) Application required for eligibility
(1) In general
(2) ContentsEach application submitted pursuant to paragraph (1) shall be in such form, contain or be accompanied by such information or assurances, and be submitted at such time as the Secretary may reasonably require. Each such application shall, at a minimum—
(A) describe the activities for which assistance under this division is sought, including how the eligible entity will carry out the required activities described in section 1070a–24(a) of this title;
(B) describe, in the case of an eligible entity described in section 1070a–21(c)(2) of this title that chooses to provide scholarships, or an eligible entity described in section 1070a–21(c)(1) of this title, how the eligible entity will meet the requirements of section 1070a–25 of this title;
(C) describe, in the case of an eligible entity described in section 1070a–21(c)(2) of this title that requests a reduced match percentage under subsection (b)(2), how such reduction will assist the entity to provide the scholarships described in subsection (b)(2)(A)(ii);
(D) provide assurances that adequate administrative and support staff will be responsible for coordinating the activities described in section 1070a–24 of this title;
(E) provide assurances that activities assisted under this division will not displace an employee or eliminate a position at a school assisted under this division, including a partial displacement such as a reduction in hours, wages, or employment benefits;
(F) describe, in the case of an eligible entity described in section 1070a–21(c)(1) of this title that chooses to use a cohort approach, or an eligible entity described in section 1070a–21(c)(2) of this title, how the eligible entity will define the cohorts of the students served by the eligible entity pursuant to section 1070a–22(d) of this title, and how the eligible entity will serve the cohorts through grade 12, including—
(i) how vacancies in the program under this division will be filled; and
(ii) how the eligible entity will serve students attending different secondary schools;
(G) describe how the eligible entity will coordinate programs under this division with other existing Federal, State, or local programs to avoid duplication and maximize the number of students served;
(H) provide such additional assurances as the Secretary determines necessary to ensure compliance with the requirements of this division;
(I) provide information about the activities that will be carried out by the eligible entity to support systemic changes from which future cohorts of students will benefit; and
(J) describe the sources of matching funds that will enable the eligible entity to meet the matching requirement described in subsection (b).
(b) Matching requirement
(1) In generalThe Secretary shall not approve an application submitted under subsection (a) unless such application—
(A) provides that the eligible entity will provide, from State, local, institutional, or private funds, not less than 50 percent of the cost of the program, which matching funds may be provided in cash or in kind and may be accrued over the full duration of the grant award period, except that the eligible entity shall make substantial progress towards meeting the matching requirement in each year of the grant award period;
(B) specifies the methods by which matching funds will be paid; and
(C) includes provisions designed to ensure that funds provided under this division shall supplement and not supplant funds expended for existing programs.
(2) Special rule
(A) at the time of application—
(i) if the eligible entity demonstrates significant economic hardship that precludes the eligible entity from meeting the matching requirement; or
(ii) if the eligible entity is described in section 1070a–21(c)(2) of this title and requests that contributions to the eligible entity’s scholarship fund established under section 1070a–25 of this title be matched on a two to one basis; or
(B) in response to a petition by an eligible entity subsequent to a grant award under this section if the eligible entity demonstrates that the matching funds described in its application are no longer available and the eligible entity has exhausted all revenues for replacing such matching funds.
(c) Methods for complying with matching requirementAn eligible entity may count toward the matching requirement described in subsection (b)(1)(A)—
(1) the amount of the financial assistance obligated to students from State, local, institutional, or private funds under this division, including pre-existing non-Federal financial assistance programs, including—
(A) the amount contributed to a student scholarship fund established under section 1070a–25 of this title; and
(B) the amount of the costs of administering the scholarship program under section 1070a–25 of this title;
(2) the amount of tuition, fees, room or board waived or reduced for recipients of financial assistance under this division;
(3) the amount expended on documented, targeted, long-term mentoring and counseling provided by volunteers or paid staff of nonschool organizations, including businesses, religious organizations, community groups, postsecondary educational institutions, nonprofit and philanthropic organizations, and other organizations; and
(4) other resources recognized by the Secretary, including equipment and supplies, cash contributions from non-Federal sources, transportation expenses, in-kind or discounted program services, indirect costs, and facility usage.
(d) Peer review panels
(Pub. L. 89–329, title IV, § 404C, as added Pub. L. 105–244, title IV, § 403, Oct. 7, 1998, 112 Stat. 1658; amended Pub. L. 110–315, title IV, § 404(c), Aug. 14, 2008, 122 Stat. 3208.)