View all text of Subpart 1 [§ 7421 - § 7429]
§ 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) Reduction
(b) Minimum grant
(1) In general
(2) Consortia
(3) Increase
(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 rule
(e) Ratable reductions
(Pub. L. 89–10, title VI, § 6113, formerly title VII, § 7113, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1908, renumbered title VI, § 6113, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), (3), § 6002(e), Dec. 10, 2015, 129 Stat. 2046, 2049.)