§1070a–23 — Title 20 Education | U.S. Code

§1070a–23 Applications

Title 20 › Chapter CHAPTER 28— - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › Subchapter SUBCHAPTER IV— - STUDENT ASSISTANCE › Part Part A— - Grants to Students in Attendance at Institutions of Higher Education › Subpart subpart 2— - federal early outreach and student services programs › § 1070a–23

Last updated Apr 6, 2026|Official source

Summary

To get a grant under this program, an eligible group must send an application to the Secretary. The application must explain the activities the group will do, how it will run required parts of the program, and how it will handle scholarships or cohorts of students (including filling vacancies and serving students at different secondary schools). The group must promise to have enough staff to run the program, promise not to cut jobs or reduce employees’ hours, wages, or benefits because of the grant, show how it will work with other federal, state, or local programs so services are not duplicated, describe steps that will create lasting improvements for future students, and say where matching funds will come from. The Secretary can ask for any extra assurances needed. The applicant must provide at least 50 percent of the program’s cost from state, local, school, or private funds. Those matching funds can be cash or in-kind, counted over the grant period, and the applicant must make substantial progress on the match each year. The application must say how matching funds will be paid and must show the federal money will add to, not replace, existing funds. The Secretary can reduce the matching percentage for certain eligible groups if the group shows major economic hardship, asks to have scholarship contributions matched two to one, or later shows its promised matching funds are gone and it has no other revenue. Matching can include student aid payments, scholarship fund contributions and administration costs, waived tuition or fees, targeted long-term mentoring and counseling, and other resources the Secretary allows. The Secretary will use peer review panels to help pick grant winners.

Title 20, §1070a–23

Education — Source: USLM XML via OLRC

(a)(1)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)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)describe the activities for which assistance under this division is sought, including how the eligible entity will carry out the required activities described in section 1070a–24(a) of this title;

(B)describe, in the case of an eligible entity described in section 1070a–21(c)(2) of this title that chooses to provide scholarships, or an eligible entity described in section 1070a–21(c)(1) of this title, how the eligible entity will meet the requirements of section 1070a–25 of this title;

(C)describe, in the case of an eligible entity described in section 1070a–21(c)(2) of this title 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)provide assurances that adequate administrative and support staff will be responsible for coordinating the activities described in section 1070a–24 of this title;

(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)describe, in the case of an eligible entity described in section 1070a–21(c)(1) of this title that chooses to use a cohort approach, or an eligible entity described in section 1070a–21(c)(2) of this title, how the eligible entity will define the cohorts of the students served by the eligible entity pursuant to section 1070a–22(d) of this title, 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)(1)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)Notwithstanding 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 section 1070a–21(c)(2) of this title. 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)if the eligible entity is described in section 1070a–21(c)(2) of this title and requests that contributions to the eligible entity’s scholarship fund established under section 1070a–25 of this title 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)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)the amount contributed to a student scholarship fund established under section 1070a–25 of this title; and

(B)the amount of the costs of administering the scholarship program under section 1070a–25 of this title;

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

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1070a–23, Pub. L. 89–329, title IV, § 404C, as added Pub. L. 102–325, title IV, § 402(a)(4), July 23, 1992, 106 Stat. 493; amended Pub. L. 103–208, § 2(b)(15)–(17), Dec. 20, 1993, 107 Stat. 2459; Pub. L. 104–193, title I, § 110(h)(1), Aug. 22, 1996, 110 Stat. 2172, related to early intervention, prior to the general amendment of this division by Pub. L. 105–244. See section 1070a–24 of this title.

Amendments

2008—Pub. L. 110–315, § 404(c)(1), substituted “Applications” for “Eligible entity plans” in section catchline. Subsec. (a). Pub. L. 110–315, § 404(c)(2)(A), substituted “Application” for “Plan” in heading. Subsec. (a)(1). Pub. L. 110–315, § 404(c)(2)(B), 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 section 1070a–25 of this title and an early intervention component required pursuant to section 1070a–24 of this title.” Subsec. (a)(2). Pub. L. 110–315, § 404(c)(2)(C), 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.” Subsec. (b)(1). Pub. L. 110–315, § 404(c)(3)(A), substituted “an application” for “a plan” and “such application” for “such plan” in introductory provisions. Subsec. (b)(1)(A). Pub. L. 110–315, § 404(c)(3)(B), 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. Subsec. (b)(2). Pub. L. 110–315, § 404(c)(3)(C), inserted at end “The Secretary may approve an eligible entity’s request for a reduced match percentage—” and subpars. (A) and (B). Subsec. (c)(1). Pub. L. 110–315, § 404(c)(4)(A), 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;”. Subsec. (c)(4). Pub. L. 110–315, § 404(c)(4)(B)–(D), added par. (4).