US Code

Public Law 119-102 (07/12/2026)

20 U.S.C. § 1070a–23

Applications

Section text and notes

(a)

Application required for eligibility

(1)

In general

In order for an eligible entity to qualify for a grant under this division, the eligible entity shall submit to the Secretary an application for carrying out the program under this division.

(2)

Contents

Each application submitted pursuant to paragraph (1) shall be in such form, contain or be accompanied by such information or assurances, and be submitted at such time as the Secretary may reasonably require. Each such application shall, at a minimum—
(A)
section 1070a–24(a) of this title describe the activities for which assistance under this division is sought, including how the eligible entity will carry out the required activities described in ;
(B)
section 1070a–21(c)(2) of this titlesection 1070a–21(c)(1) of this titlesection 1070a–25 of this title describe, in the case of an eligible entity described in that chooses to provide scholarships, or an eligible entity described in , how the eligible entity will meet the requirements of ;
(C)
section 1070a–21(c)(2) of this title describe, in the case of an eligible entity described in that requests a reduced match percentage under subsection (b)(2), how such reduction will assist the entity to provide the scholarships described in subsection (b)(2)(A)(ii);
(D)
section 1070a–24 of this title provide assurances that adequate administrative and support staff will be responsible for coordinating the activities described in ;
(E)
provide assurances that 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;
(F)
section 1070a–21(c)(1) of this titlesection 1070a–21(c)(2) of this titlesection 1070a–22(d) of this title describe, in the case of an eligible entity described in that chooses to use a cohort approach, or an eligible entity described in , how the eligible entity will define the cohorts of the students served by the eligible entity pursuant to , and how the eligible entity will serve the cohorts through grade 12, including—
(i)
how vacancies in the program under this division will be filled; and
(ii)
how the eligible entity will serve students attending different secondary schools;
(G)
describe how the eligible entity will coordinate programs under this division with other existing Federal, State, or local programs to avoid duplication and maximize the number of students served;
(H)
provide such additional assurances as the Secretary determines necessary to ensure compliance with the requirements of this division;
(I)
provide information about the activities that will be carried out by the eligible entity to support systemic changes from which future cohorts of students will benefit; and
(J)
describe the sources of matching funds that will enable the eligible entity to meet the matching requirement described in subsection (b).
(b)

Matching requirement

(1)

In general

The Secretary shall not approve an application submitted under subsection (a) unless such application—
(A)
provides that the eligible entity will provide, from State, local, institutional, or private funds, not less than 50 percent of the cost of the program, which matching funds may be provided in cash or in kind and may be accrued over the full duration of the grant award period, except that the eligible entity shall make substantial progress towards meeting the matching requirement in each year of the grant award period;
(B)
specifies the methods by which matching funds will be paid; and
(C)
includes provisions designed to ensure that funds provided under this division shall supplement and not supplant funds expended for existing programs.
(2)

Special rule

section 1070a–21(c)(2) of this titleNotwithstanding the matching requirement described in paragraph (1)(A), the Secretary may by regulation modify the percentage requirement described in paragraph (1)(A) for eligible entities described in . The Secretary may approve an eligible entity’s request for a reduced match percentage—
(A)
at the time of application—
(i)
if the eligible entity demonstrates significant economic hardship that precludes the eligible entity from meeting the matching requirement; or
(ii)
section 1070a–21(c)(2) of this titlesection 1070a–25 of this title if the eligible entity is described in and requests that contributions to the eligible entity’s scholarship fund established under be matched on a two to one basis; or
(B)
in response to a petition by an eligible entity subsequent to a grant award under this section if the eligible entity demonstrates that the matching funds described in its application are no longer available and the eligible entity has exhausted all revenues for replacing such matching funds.
(c)

Methods for complying with matching requirement

An eligible entity may count toward the matching requirement described in subsection (b)(1)(A)—
(1)
the amount of the financial assistance obligated to students from State, local, institutional, or private funds under this division, including pre-existing non-Federal financial assistance programs, including—
(A)
section 1070a–25 of this title the amount contributed to a student scholarship fund established under ; and
(B)
section 1070a–25 of this title the amount of the costs of administering the scholarship program under ;
(2)
the amount of tuition, fees, room or board waived or reduced for recipients of financial assistance under this division;
(3)
the amount expended on documented, targeted, long-term mentoring and counseling provided by volunteers or paid staff of nonschool organizations, including businesses, religious organizations, community groups, postsecondary educational institutions, nonprofit and philanthropic organizations, and other organizations; and
(4)
other resources recognized by the Secretary, including equipment and supplies, cash contributions from non-Federal sources, transportation expenses, in-kind or discounted program services, indirect costs, and facility usage.
(d)

Peer review panels

The Secretary shall convene peer review panels to assist in making determinations regarding the awarding of grants under this division.

Pub. L. 89–329, title IV, § 404CPub. L. 105–244, title IV, § 403112 Stat. 1658 Pub. L. 110–315, title IV, § 404(c)122 Stat. 3208 (, as added , , ; amended , , .)

Editorial Notes

Prior Provisions

Pub. L. 89–329, title IV, § 404CPub. L. 102–325, title IV, § 402(a)(4)106 Stat. 493 Pub. L. 103–208, § 2(b)(15)107 Stat. 2459 Pub. L. 104–193, title I, § 110(h)(1)110 Stat. 2172 Pub. L. 105–244section 1070a–24 of this titleA prior section 1070a–23, , as added , , ; amended –(17), , ; , , , related to early intervention, prior to the general amendment of this division by . See .

Amendments

Pub. L. 110–315, § 404(c)(1)2008—, substituted “Applications” for “Eligible entity plans” in section catchline.

Pub. L. 110–315, § 404(c)(2)(A)Subsec. (a). , substituted “Application” for “Plan” in heading.

Pub. L. 110–315, § 404(c)(2)(B)section 1070a–25 of this titlesection 1070a–24 of this titleSubsec. (a)(1). , substituted “an application” for “a plan” and struck out at end “Such plan shall provide for the conduct of a scholarship component if required or undertaken pursuant to and an early intervention component required pursuant to .”

Pub. L. 110–315, § 404(c)(2)(C)Subsec. (a)(2). , added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “Each plan submitted pursuant to paragraph (1) shall be in such form, contain or be accompanied by such information or assurances, and be submitted at such time as the Secretary may require by regulation. Each such plan shall—

“(A) describe the activities for which assistance under this division is sought; and

“(B) provide such additional assurances as the Secretary determines necessary to ensure compliance with the requirements of this division.”

Pub. L. 110–315, § 404(c)(3)(A)Subsec. (b)(1). , substituted “an application” for “a plan” and “such application” for “such plan” in introductory provisions.

Pub. L. 110–315, § 404(c)(3)(B)Subsec. (b)(1)(A). , which directed insertion of “and may be accrued over the full duration of the grant award period, except that the eligible entity shall make substantial progress towards meeting the matching requirement in each year of the grant award period” after “in cash or in-kind”, was executed by making the insertion after “in cash or in kind” to reflect the probable intent of Congress.

Pub. L. 110–315, § 404(c)(3)(C)Subsec. (b)(2). , inserted at end “The Secretary may approve an eligible entity’s request for a reduced match percentage—” and subpars. (A) and (B).

Pub. L. 110–315, § 404(c)(4)(A)Subsec. (c)(1). , substituted “obligated to students from State, local, institutional, or private funds under this division, including pre-existing non-Federal financial assistance programs, including—” and subpars. (A) and (B) for “paid to students from State, local, institutional, or private funds under this division;”.

Pub. L. 110–315, § 404(c)(4)(B)Subsec. (c)(4). –(D), added par. (4).