US Code

Public Law 119-73 (01/23/2026)

20 U.S.C. § 7423

Amount of grants

(a)

Amount of grant awards

(1)

In general

Except as provided in subsection (b) and paragraph (2), the Secretary shall allocate to each local educational agency that has an approved application under this subpart an amount equal to the product of—
(A)
section 7427 of this title the number of Indian children who are eligible under and served by such agency; and
(B)
the greater of—
(i)
the average per pupil expenditure of the State in which such agency is located; or
(ii)
80 percent of the average per pupil expenditure of all the States.
(2)

Reduction

The Secretary shall reduce the amount of each allocation otherwise determined under this section in accordance with subsection (e).

(b)

Minimum grant

(1)

In general

section 7422 of this titleNotwithstanding subsection (e), an entity that is eligible for a grant under , and a school that is operated or supported by the Bureau of Indian Education that is eligible for a grant under subsection (d), that submits an application that is approved by the Secretary, shall, subject to appropriations, receive a grant under this subpart in an amount that is not less than $3,000.

(2)

Consortia

Local educational agencies may form a consortium for the purpose of obtaining grants under this subpart.

(3)

Increase

The Secretary may increase the minimum grant under paragraph (1) to not more than $4,000 for all grantees if the Secretary determines such increase is necessary to ensure the quality of the programs provided.

(c)

Definition

For the purpose of this section, the term “average per pupil expenditure”, used with respect to a State, means an amount equal to—
(1)
the sum of the aggregate current expenditures of all the local educational agencies in the State, plus any direct current expenditures by the State for the operation of such agencies, without regard to the sources of funds from which such local or State expenditures were made, during the second fiscal year preceding the fiscal year for which the computation is made; divided by
(2)
the aggregate number of children who were included in average daily attendance for whom such agencies provided free public education during such preceding fiscal year.
(d)

Schools operated or supported by the Bureau of Indian Education

(1)

In general

Subject to subsection (e), in addition to the grants awarded under subsection (a), the Secretary shall allocate to the Secretary of the Interior an amount equal to the product of—
(A)
the total number of Indian children enrolled in schools that are operated by—
(i)
the Bureau of Indian Education; or
(ii)
25 U.S.C. 532125 U.S.C. 2501 an Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act [ et seq.] or the Tribally Controlled Schools Act of 1988 [ et seq.]; and
(B)
the greater of—
(i)
the average per pupil expenditure of the State in which the school is located; or
(ii)
80 percent of the average per pupil expenditure of all the States.
(2)

Special rule

section 7424 of this titlesection 7424(c)(4) of this titlesection 7428(c) of this titlesection 7429 of this titleAny school described in paragraph (1)(A) that wishes to receive an allocation under this subpart shall submit an application in accordance with , and shall otherwise be treated as a local educational agency for the purpose of this subpart, except that such school shall not be subject to , , or .

(e)

Ratable reductions

1

1 So in original. Probably should be preceded by “section”.
If the sums appropriated for any fiscal year under 7492(a)  of this title are insufficient to pay in full the amounts determined for local educational agencies under subsection (a)(1) and for the Secretary of the Interior under subsection (d), each of those amounts shall be ratably reduced.

Pub. L. 89–10, title VI, § 6113Pub. L. 107–110, title VII, § 701115 Stat. 1908Pub. L. 114–95, title VI129 Stat. 2046(, formerly title VII, § 7113, as added , , , renumbered title VI, § 6113, and amended , §§ 6001(a), (b)(1), (3), § 6002(e), , , 2049.)

Editorial Notes

References in Text

Pub. L. 93–63888 Stat. 2206section 5301 of Title 25The Indian Self-Determination Act, referred to in subsec. (d)(1)(A)(ii), is title I of , , , which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 100–297102 Stat. 385section 2501 of Title 25The Tribally Controlled Schools Act of 1988, referred to in subsec. (d)(1)(A)(ii), is part B (§ 5201–5212) of title V of , , , which is classified generally to chapter 27 (§ 2501 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

Pub. L. 89–10, title VII, § 7113Pub. L. 103–382, title I, § 101108 Stat. 3720Pub. L. 107–110A prior section 7423, , as added , , , related to program enhancement projects, prior to the general amendment of former subchapter VII of this chapter by .

section 6113 of Pub. L. 89–10section 7301b of this titlePub. L. 114–95A prior was classified to , prior to repeal by .

Amendments

Pub. L. 114–95, § 6001(b)(3)(A)section 7427 of this title2015—Subsec. (a)(1)(A). , made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 114–95, § 6002(e)(1)Subsec. (b)(1). , substituted “Bureau of Indian Education” for “Bureau of Indian Affairs”.

Pub. L. 114–95, § 6001(b)(3)(B)section 7422 of this title, made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 114–95, § 6002(e)(2)(A)Subsec. (d). , substituted “Indian Education” for “Indian Affairs” in heading.

Pub. L. 114–95, § 6002(e)(2)(B)Subsec. (d)(1)(A)(i). , substituted “Bureau of Indian Education” for “Bureau of Indian Affairs”.

Pub. L. 114–95, § 6001(b)(3)(C)Subsec. (d)(2). , made technical amendment to references in original act which appear in text as references to sections 7424, 7424(c)(4), 7428(c), and 7429 of this title.

Pub. L. 114–95, § 6001(b)(3)(D)section 7492(a) of this titleSubsec. (e). , substituted “7492(a) of this title” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95section 5 of Pub. L. 114–95section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .