§7812. Grants to local educational agencies

(a) In general

(1) Enrollment requirements

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 7816 of this title and 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) Exclusion

The requirement of paragraph (1) shall not apply in Alaska, California, or Oklahoma, or with respect to any local educational agency located on, or in proximity to, a reservation.

(b) Indian tribes

(1) In general

If a local educational agency that is eligible for a grant under this subpart does not establish a parent committee under section 7814(c)(4) of this title for such grant, an Indian tribe that represents no less than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant.

(2) Special rule

The Secretary shall treat each Indian tribe applying for a grant pursuant to paragraph (1) as if such Indian tribe were a local educational agency for purposes of this subpart.

(Pub. L. 89–10, title IX, §9112, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3774 ; amended Pub. L. 104–5, §1, Mar. 23, 1995, 109 Stat. 72 .)

Amendments

1995-Subsec. (a)(1)(A). Pub. L. 104–5 substituted "or" for "and" at end.

Section Referred to in Other Sections

This section is referred to in section 7813 of this title.