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 › § 7423
The Secretary must give each local school agency with an approved application a grant that equals the number of eligible Indian children it serves times the higher of (a) the State’s average spending per student or (b) 80 percent of the average spending per student across all States. If there is not enough money for all awards, each grant is cut by the same percentage. Any eligible applicant or a Bureau of Indian Education (BIE) school with an approved application must get at least $3,000, and the Secretary can raise that minimum to no more than $4,000. Local school agencies can join together as a consortium to get grants. “Average per pupil expenditure” means the State’s total current spending for local districts (plus any direct State spending to run them) from the second fiscal year before the year being calculated, divided by the number of students in average daily attendance that year. The Secretary of the Interior gets a similar payment for students in BIE-run or tribally controlled schools; those schools must apply and are treated like local agencies for this program, with a few special exceptions.
Full Legal Text
Education, Source: USLM XML via OLRC
Legislative History
Reference
Citation
20 U.S.C. § 7423
Title 20, Education
Last Updated
Sep 23, 2026
Release point: 119-110