20 U.S.C. § 1070a–22

(a)

Funding rules

section 1070a–28 of this titleIn awarding grants from the amount appropriated under for a fiscal year, the Secretary shall make available—

(1)

section 1070a–21(c)(1) of this title to eligible entities described in , not less than 33 percent of such amount;

(2)

section 1070a–21(c)(2) of this title to eligible entities described in , not less than 33 percent of such amount; and

(3)

section 1070a–21(c) of this title to eligible entities described in paragraph (1) or (2) of , the remainder of such amount taking into consideration the number, quality, and promise of the applications for the grants, and, to the extent practicable—

(A)

the geographic distribution of such grant awards; and

(B)

the distribution of such grant awards between urban and rural applicants.

(b)

Coordination

Each eligible entity shall ensure that the activities assisted under this division are, to the extent practicable, coordinated with, and complement and enhance—

(1)

services under this division provided by other eligible entities serving the same school district or State; and

(2)

related services under other Federal or non-Federal programs.

(c)

Designation of fiscal agent

section 1070a–21(c)(2) of this titleAn eligible entity described in shall designate an institution of higher education or a local educational agency as the fiscal agent for the eligible entity.

(d)

Cohort approach

(1)

In general

section 1070a–21(c)(2) of this titleThe Secretary shall require that eligible entities described in —

(A)

42 U.S.C. 1751 section 1437a(b)(1) of title 42 provide services under this division to at least one grade level of students, beginning not later than 7th grade, in a participating school that has a 7th grade and in which at least 50 percent of the students enrolled are eligible for free or reduced-price lunch under the Richard B. Russell National School Lunch Act [ et seq.] (or, if an eligible entity determines that it would promote the effectiveness of a program, an entire grade level of students, beginning not later than the 7th grade, who reside in public housing as defined in );

(B)

ensure that the services are provided through the 12th grade to students in the participating grade level and provide the option of continued services through the student’s first year of attendance at an institution of higher education to the extent the provision of such services was described in the eligible entity’s application for assistance under this division; and

(C)

provide services under this division to students who have received services under a previous GEAR UP grant award but have not yet completed the 12th grade.

(2)

Coordination requirement

In order for the Secretary to require the cohort approach described in paragraph (1), the Secretary shall, where applicable, ensure that the cohort approach is done in coordination and collaboration with existing early intervention programs and does not duplicate the services already provided to a school or community.

(e)

Supplement, not supplant

Grant funds awarded under this division shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities assisted under this division.

Pub. L. 89–329, title IV, § 404B Pub. L. 105–244, title IV, § 403Oct. 7, 1998112 Stat. 1657 Pub. L. 106–78, title VII, § 752(b)(8)Oct. 22, 1999113 Stat. 1169 Pub. L. 110–315, title IV, § 404(b)Aug. 14, 2008122 Stat. 3207(, as added , , ; amended , , ; , , .)

Editorial Notes

References in Text

act June 4, 1946, ch. 281 60 Stat. 230 section 1751 of Title 42The Richard B. Russell National School Lunch Act, referred to in subsec. (d)(1)(A), is , , which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

Pub. L. 89–329, title IV, § 404B Pub. L. 102–325, title IV, § 402(a)(4)July 23, 1992106 Stat. 492 Pub. L. 103–208, § 2(b)(13)Dec. 20, 1993107 Stat. 2459 Pub. L. 105–244A prior section 1070a–22, , as added , , ; amended , (14), , , related to State eligibility and State plan, prior to the general amendment of this division by .

Amendments

Pub. L. 110–315, § 404(b)(1)2008—Subsec. (a). , added subsec. (a) and struck out former subsec. (a) which related to funding rules.

Pub. L. 110–315, § 404(b)(2)section 1070a–21(c)(1) of this title section 1070a–21(c)(2) of this title section 1070a–25 of this title section 1070a–23 of this titleSubsecs. (b), (c). , (3), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b). Text read as follows: “Each eligible entity described in , and each eligible entity described in that conducts a scholarship component under , shall use not less than 25 percent and not more than 50 percent of grant funds received under this division for the early intervention component of an eligible entity’s program under this division, except that the Secretary may waive the 50 percent limitation if the eligible entity demonstrates that the eligible entity has another means of providing the students with financial assistance that is described in the plan submitted under .”

Pub. L. 110–315, § 404(b)(3)Subsec. (d). , redesignated subsec. (g) as (d). Former subsec. (d) redesignated (c).

Pub. L. 110–315, § 404(b)(4)Subsec. (d)(1)(B), (C). , inserted “and provide the option of continued services through the student’s first year of attendance at an institution of higher education to the extent the provision of such services was described in the eligible entity’s application for assistance under this division” after “grade level” in par. (B) and added par. (C).

Pub. L. 110–315, § 404(b)(2)section 1070a–21(c)(2) of this title section 1070a–23 of this titleSubsec. (e). , (5), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “An eligible entity described in shall have a full-time program coordinator or a part-time program coordinator, whose primary responsibility is a project under .”

Pub. L. 110–315, § 404(b)(2)Subsec. (f). , struck out subsec. (f). Text read as follows: “An eligible entity described in 1070a–21(c)(2) of this title shall ensure that the activities assisted under this division will not displace an employee or eliminate a position at a school assisted under this division, including a partial displacement such as a reduction in hours, wages or employment benefits.”

Pub. L. 110–315, § 404(b)(3)Subsec. (g). , redesignated subsec. (g) as (d).

Pub. L. 106–781999—Subsec. (g)(1)(A). substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”.