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§1070a–22 Requirements

Title 20 › Chapter 28— HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › Subchapter IV— STUDENT ASSISTANCE › Part A— Grants to Students in Attendance at Institutions of Higher Education › Subpart 2— federal early outreach and student services programs › § 1070a–22

Last updated Apr 5, 2026|Official source

Summary

Each year the Secretary must set aside grant money so that at least 33 percent goes to one group of eligible recipients and at least 33 percent goes to a second group of eligible recipients. The rest of the money goes to either group based on how many good applications there are, their quality and promise, and, when possible, how the awards are spread across regions and between urban and rural areas. Recipients must coordinate their work with other program providers in the same school district or State and with related federal or nonfederal programs. One group of recipients must pick a college or a local school district to handle the money. That group must serve at least one grade starting no later than 7th grade in a school that has 7th grade and where at least 50 percent of students get free or reduced-price lunch (or, if it helps, a whole grade of students living in public housing starting no later than 7th grade). Services must continue through 12th grade and may continue through a student’s first year of college if the application promised that. They must also serve students who got help from an earlier GEAR UP grant but have not finished 12th grade. The group model must coordinate with existing early intervention programs and avoid duplicating services. Grant money must add to, not replace, other federal, State, or local funds.

Title 20, §1070a–22

Education, Source: USLM XML via OLRC

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

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

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

(3)to eligible entities described in paragraph (1) or (2) of section 1070a–21(c) of this title, 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)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)An eligible entity described in section 1070a–21(c)(2) of this title shall designate an institution of higher education or a local educational agency as the fiscal agent for the eligible entity.

(d)(1)The Secretary shall require that eligible entities described in section 1070a–21(c)(2) of this title—

(A)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 [42 U.S.C. 1751 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 section 1437a(b)(1) of title 42);

(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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Richard B. Russell National School Lunch Act, referred to in subsec. (d)(1)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, 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 section 1751 of Title 42 and Tables.

Prior Provisions

A prior section 1070a–22, Pub. L. 89–329, title IV, § 404B, as added Pub. L. 102–325, title IV, § 402(a)(4), July 23, 1992, 106 Stat. 492; amended Pub. L. 103–208, § 2(b)(13), (14), Dec. 20, 1993, 107 Stat. 2459, related to State eligibility and State plan, prior to the general amendment of this division by Pub. L. 105–244.

Amendments

2008—Subsec. (a). Pub. L. 110–315, § 404(b)(1), added subsec. (a) and struck out former subsec. (a) which related to funding rules. Subsecs. (b), (c). Pub. L. 110–315, § 404(b)(2), (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 section 1070a–21(c)(1) of this title, and each eligible entity described in section 1070a–21(c)(2) of this title that conducts a scholarship component under section 1070a–25 of this title, 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 section 1070a–23 of this title.” Subsec. (d). Pub. L. 110–315, § 404(b)(3), redesignated subsec. (g) as (d). Former subsec. (d) redesignated (c). Subsec. (d)(1)(B), (C). Pub. L. 110–315, § 404(b)(4), 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). Subsec. (e). Pub. L. 110–315, § 404(b)(2), (5), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “An eligible entity described in section 1070a–21(c)(2) of this title shall have a full-time program coordinator or a part-time program coordinator, whose primary responsibility is a project under section 1070a–23 of this title.” Subsec. (f). Pub. L. 110–315, § 404(b)(2), 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.” Subsec. (g). Pub. L. 110–315, § 404(b)(3), redesignated subsec. (g) as (d). 1999—Subsec. (g)(1)(A). Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”.