Sec. 6112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES
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## SEC. 6112 GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES **[**[20 U.S.C. 7422](/us/usc/t20/s7422)**]** ###
(a)In General The Secretary may make grants, from allocations made under section 6113, and in accordance with this section and section 6113, to— ####
(1)local educational agencies; ####
(2)Indian tribes, as provided under subsection (c)(1); ####
(3)Indian organizations, as provided under subsection (c)(1); ####
(4)consortia of 2 or more local educational agencies, Indian tribes, Indian organizations, or Indian community-based organizations, if each local educational agency participating in such a consortium, if applicable— #####
(A)provides an assurance that the eligible Indian children served by such local educational agency will receive the services of the programs funded under this subpart; and #####
(B)is subject to all the requirements, assurances, and obligations applicable to local educational agencies under this subpart; and ####
(5)Indian community-based organizations, as provided under subsection (d)(1). ###
(b)Local Educational Agencies ####
(1)Enrollment requirements Subject to paragraph (2), 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 6117 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)Cooperative agreements A local educational agency may enter into a cooperative agreement with an Indian tribe under this subpart if such Indian tribe— #####
(A)represents not less than 25 percent of the eligible Indian children who are served by such local educational agency; and #####
(B)requests that the local educational agency enter into a cooperative agreement under this subpart. ####
(3)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. ###
(c)Indian Tribes and Indian Organizations ####
(1)In general If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 6114(c)(4) for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant. ####
(2)Special rule #####
(A)In general The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph
(1)as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart. #####
(B)Exceptions Notwithstanding subparagraph (A), such Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(4) of section 6114 or section 6118(c) or 6119. ####
(3)Assurance to serve all Indian children An Indian tribe, Indian organization, or consortium of such entities that is eligible to apply for a grant under paragraph
(1)shall include, in the application required under section 6114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency. ###
(d)Indian Community-based Organization ####
(1)In general If no local educational agency pursuant to subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under this subpart in a particular community, an Indian community-based organization serving the community of the local educational agency may apply for such grant. ####
(2)Applicability of special rule The Secretary shall apply the special rule in subsection (c)(2) to an Indian community-based organization applying for a grant under paragraph
(1)in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium described in that subsection. ####
(3)Definition of indian community-based organization In this subsection, the term “Indian community-based organization” means any organization that— #####
(A)is composed primarily of Indian parents, family members, and community members, tribal government education officials, and tribal members, from a specific community; #####
(B)assists in the social, cultural, and educational development of Indians in such community; #####
(C)meets the unique cultural, language, and academic needs of Indian students; and #####
(D)demonstrates organizational and administrative capacity to manage the grant.
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Sec. 6112
GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES
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