§7422 — Title 20 Education | U.S. Code

§7422 Grants to Local Educational Agencies and Tribes

Title 20 › Chapter 70— STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › Subchapter VI— INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION › Part A— Indian Education › Subpart 1— formula grants to local educational agencies › § 7422

Last updated Apr 5, 2026|Official source

Summary

The Secretary can give grant money to local school districts, Indian tribes, Indian organizations, groups made up of two or more districts or Indian entities, and Indian community-based organizations. If a consortium includes a school district, that district must promise the Indian students it serves will get the program services and must follow the same rules as other districts. A district can get a grant if, in the prior year, at least 10 eligible Indian children were enrolled there or Indian children made up at least 25% of its students. A district can work with a tribe if the tribe represents at least 25% of the eligible Indian children and asks to join. The 10/25% rule does not apply in Alaska, California, Oklahoma, or for districts on or near a reservation. If an eligible district does not form a required committee, a tribe, Indian organization, or consortium that represents more than half of the eligible Indian children served by that district may apply instead and will be treated like a district, but will not be subject to subsections (b)(7) or (c)(4) of section 7424 or sections 7428(c) or 7429. Applicants must promise to use the funds for all Indian students the district serves. If no district or tribe/organization applies in a community, an Indian community-based organization may apply and will be treated the same as a tribe or Indian organization. An Indian community-based organization is one mainly made up of Indian parents, families, community members, and tribal education officials that helps the social, cultural, and educational development of Indian students, meets their cultural and language needs, and can manage the grant.

Title 20, §7422

Education — Source: USLM XML via OLRC

(a)The Secretary may make grants, from allocations made under section 7423 of this title, and in accordance with this section and section 7423 of this title, 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)(1)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 7427 of this title 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)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)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)(1)If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 7424(c)(4) of this title 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)(A)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)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 7424 of this title or section 7428(c) or 7429 of this title.

(3)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 7424 of this title, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency.

(d)(1)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 7422, Pub. L. 89–10, title VII, § 7112, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3719, related to program development and implementation grants, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. A prior section 6112 of Pub. L. 89–19 was classified to section 7301a of this title, prior to repeal by Pub. L. 114–95.

Amendments

2015—Subsec. (a). Pub. L. 114–95, § 6002(d)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The Secretary may make grants, from allocations made under section 7423 of this title, to local educational agencies and Indian tribes, in accordance with this section and section 7423 of this title.” Subsec. (b)(1). Pub. L. 114–95, § 6002(d)(2)(A), substituted “Subject to paragraph (2), a local educational agency shall” for “A local educational agency shall” in introductory provisions. Pub. L. 114–95, § 6001(b)(2), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7427 of this title. Subsec. (b)(2), (3). Pub. L. 114–95, § 6002(d)(2)(B), (C), added par. (2) and redesignated former par. (2) as (3). Subsecs. (c), (d). Pub. L. 114–95, § 6002(d)(3), added subsecs. (c) and (d) and struck out former subsec. (c) which allowed certain Indian tribes to apply for grants.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.