§8505. Award of grants

(a) Criteria

The Secretary shall award grants under this subchapter on the basis of-

(1) high numbers or percentages of the total number of children aged 5 to 17, inclusive, residing in the geographic area served by an eligible local educational agency who are counted under subpart 2 of part A of subchapter I of this chapter;

(2) the extent to which the eligible local educational agency lacks the fiscal capacity, including the ability to raise funds through the full use of such agency's bonding capacity and otherwise, to undertake the project without Federal assistance;

(3) the threat of the condition of the physical plant poses to the safety and well-being of students;

(4) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility;

(5) the age of the facility to be renovated or replaced; and

(6) such other criteria as the Secretary may prescribe by regulation.

(b) Allocation among categories

The Secretary shall allocate funds under this subchapter among each of the categories described in paragraph (1) ¹ on such basis as the Secretary determines is appropriate, including-

(1) the relative numbers or percentages of students counted under subpart 2 of part A of subchapter I of this chapter; and

(2) the relative costs of carrying out activities under this subchapter in eligible local educational agencies in each such category.

(c) Frequency of awards

No local educational agency may receive more than one grant under this subchapter in any five-year period.

(d) Special rule

The Secretary shall only award grants under this subchapter if the Secretary determines that sufficient funds will be provided under this subchapter or from other sources, such as the issuance of bonds, or savings generated from performance contracting, to carry out the activities for which assistance is sought.

(Pub. L. 89–10, title XII, §12005, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3871 .)

Section Referred to in Other Sections

This section is referred to in section 8504 of this title.

¹ So in original. Probably should be "paragraph (1) of section 8504 (b) of this title".