View all text of Subpart 1 [§ 7421 - § 7429]
§ 7427. Student eligibility forms
(a) In general
(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
(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 construction
(d) Documentation and types of proof
(1) Types of proof
(2) No new or duplicative determinations
(3) Previously filed forms
(e) Monitoring and evaluation review
(1) In general
(A) Review
(B) Exception
(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 children
(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.
(Pub. L. 89–10, title VI, § 6117, formerly title VII, § 7117, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1916; renumbered title VI, § 6117, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), (7), 6002(i), Dec. 10, 2015, 129 Stat. 2046, 2047, 2053.)