View all text of Subpart 1 [§ 7421 - § 7429]
§ 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) Exclusion
(c) Indian tribes and Indian organizations
(1) In general
(2) Special rule
(A) In general
(B) Exceptions
(3) Assurance to serve all Indian children
(d) Indian community-based organization
(1) In general
(2) Applicability of special rule
(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.
(Pub. L. 89–10, title VI, § 6112, formerly title VII, § 7112, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1908; renumbered title VI, § 6112, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), (2), 6002(d), Dec. 10, 2015, 129 Stat. 2046, 2048.)