20 USC 6368: Award of subgrants
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20 USC 6368: Award of subgrants Text contains those laws in effect on January 2, 2001
From Title 20-EDUCATIONCHAPTER 70-STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLSSUBCHAPTER I-HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDSPart B-William F. Goodling Even Start Family Literacy Programs

§6368. Award of subgrants

(a) Selection process

(1) In general

The State educational agency shall establish a review panel in accordance with paragraph (3) that will approve applications that-

(A) are most likely to be successful in-

(i) meeting the purpose of this part; and

(ii) effectively implementing the program elements required under section 6365 of this title;


(B) demonstrate that the area to be served by such program has a high percentage or a large number of children and families who are in need of such services as indicated by high levels of poverty, illiteracy, unemployment, limited-English proficiency, or other need-related indicators, such as a high percentage of children to be served by the program who reside in a school attendance area eligible for participation in programs under part A of this subchapter, a high number or percentage of parents who have been victims of domestic violence, or a high number or percentage of parents who are receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);

(C) provide services for at least a three-year age range, which may begin at birth;

(D) demonstrate the greatest possible cooperation and coordination between a variety of relevant service providers in all phases of the program;

(E) include cost-effective budgets, given the scope of the application;

(F) demonstrate the applicant's ability to provide the non-Federal share required by section 6364(b) of this title;

(G) are representative of urban and rural regions of the State; and

(H) show the greatest promise for providing models that may be adopted by other family literacy projects and other local educational agencies.

(2) Priority for subgrants

The State educational agency shall give priority for subgrants under this subsection to applications that-

(A) target services primarily to families described in paragraph (1)(B); or

(B) are located in areas designated as empowerment zones or enterprise communities.

(3) Review panel

A review panel shall consist of at least three members, including one early childhood professional, one adult education professional, and one individual with expertise in family literacy programs, and may include other individuals, such as one or more of the following:

(A) A representative of a parent-child education organization.

(B) A representative of a community-based literacy organization.

(C) A member of a local board of education.

(D) A representative of business and industry with a commitment to education.

(E) An individual who has been involved in the implementation of programs under this subchapter in the State.

(b) Duration

(1) In general

Subgrants under this part may be awarded for a period not to exceed four years.

(2) Startup period

The State educational agency may provide subgrant funds to an eligible recipient, at such recipient's request, for a three- to six-month startup period during the first year of the four-year grant period, which may include staff recruitment and training, and the coordination of services, before requiring full implementation of the program.

(3) Continuing eligibility

In awarding subgrant funds to continue a program under this part after the first year, the State educational agency shall review the progress of each eligible entity in meeting the objectives of the program referred to in section 6367(c)(1)(A) of this title and shall evaluate the program based on the indicators of program quality developed by the State under section 6369a of this title.

(4) Insufficient progress

The State educational agency may refuse to award subgrant funds if such agency finds that the eligible entity has not sufficiently improved the performance of the program, as evaluated based on the indicators of program quality developed by the State under section 6369a of this title, after-

(A) providing technical assistance to the eligible entity; and

(B) affording the eligible entity notice and an opportunity for a hearing.

(5) Grant renewal

(A) An eligible entity that has previously received a subgrant under this part may reapply under this part for additional subgrants.

(B) The Federal share of any subgrant renewed under subparagraph (A) shall be limited in accordance with section 6364(b) of this title.

(Pub. L. 89–10, title I, §1208, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3583 ; amended Pub. L. 105–277, div. A, §101(f) [title VIII, §204(c)], Oct. 21, 1998, 112 Stat. 2681–337 , 2681-409; Pub. L. 106–113, div. B, §1000(a)(4) [title III, §306(b)], Nov. 29, 1999, 113 Stat. 1535 , 1501A-260; Pub. L. 106–554, §1(a)(4) [div. B, title XVI, §1604(l)], Dec. 21, 2000, 114 Stat. 2763 , 2763A-332.)

References in Text

The Social Security Act, referred to in subsec. (a)(1)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620 , as amended. Part A of title IV of the Act is classified generally to part A (§601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2000-Subsec. (a)(1)(B). Pub. L. 106–554, §1(a)(4) [div. B, title XVI, §1604(l)(1)(A)], substituted "such as a high" for "including a high" and "part A of this subchapter, a high number or percentage of parents who have been victims of domestic violence, or a high number or percentage of parents who are receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);" for "part A of this subchapter;".

Subsec. (a)(1)(F). Pub. L. 106–554, §1(a)(4) [div. B, title XVI, §1604(l)(1)(B)], substituted "non-Federal" for "Federal".

Subsec. (a)(1)(H). Pub. L. 106–554, §1(a)(4) [div. B, title XVI, §1604(l)(1)(C)], inserted "family literacy projects and other" before "local educational agencies".

Subsec. (a)(3). Pub. L. 106–554, §1(a)(4) [div. B, title XVI, §1604(l)(1)(D)], in introductory provisions, substituted "one individual with expertise in family literacy programs, and may include other individuals, such as one or more of the following:" for "one or more of the following individuals:".

Subsec. (b)(3). Pub. L. 106–554, §1(a)(4) [div. B, title XVI, §1604(l)(2)(A)], added par. (3) and struck out heading and text of former par. (3). Text read as follows: "In awarding subgrant funds to continue a program under this part after the first year, the State educational agency shall review the progress of each eligible entity in meeting the goals of the program referred to in section 6367(c)(1)(A) of this title and shall evaluate the program based on the indicators of program quality developed by the State under section 6369a of this title."

Subsec. (b)(5)(B). Pub. L. 106–554, §1(a)(4) [div. B, title XVI, §1604(l)(2)(B)], amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "The Federal share of any subgrant renewed under subparagraph (A) shall not exceed 50 percent in any fiscal year."

1999-Subsec. (b)(3). Pub. L. 106–113, §1000(a)(4) [title III, §306(b)(1)], added par. (3) and struck out heading and text of former par. (3). Text read as follows: "In awarding subgrant funds to continue a program under this part for the second, third, or fourth year, the State educational agency shall evaluate the program based on the indicators of program quality developed by the State under section 6369a of this title. Such evaluation shall take place after the conclusion of the startup period, if any."

Subsec. (b)(5)(A). Pub. L. 106–113, §1000(a)(4) [title III, §306(b)(2)], struck out at end "An eligible recipient may receive funds under this part for a period not to exceed eight years."

1998-Subsec. (b)(3). Pub. L. 105–277 amended heading and text of par. (3) generally. Prior to amendment, text read as follows: "In awarding subgrant funds to continue a program under this part for the second, third, or fourth year, the State educational agency shall review the progress being made toward meeting the objectives of the program after the conclusion of the startup period, if any."

Subsec. (b)(4). Pub. L. 105–277 amended heading and text of par. (4) generally. Prior to amendment, text read as follows: "The State educational agency may refuse to award subgrant funds if such agency finds that sufficient progress has not been made toward meeting such objectives, but only after affording the applicant notice and an opportunity for a hearing."