20 U.S.C. § 7428: Payments

§7428 Payments

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 › § 7428

Last updated Sep 23, 2026|Official source

Summary

The Secretary must pay each local educational agency (LEA) that applies and is approved the amount set under section 7423. The Secretary must tell the LEA how much it will get by June 1 of the payment year. The Secretary cannot give a grant if the State uses these federal payments when figuring the LEA’s state aid for that fiscal year or the year before. An LEA must keep up its required spending under section 7901 or its payment can be reduced. The Secretary can reassign money that agencies won’t need or other funds that become available in a way that best meets the program’s purpose.

Title 20, §7428

Education, Source: USLM XML via OLRC

(a)In general

Subject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits an application that is approved by the Secretary under this subpart the amount determined under section 7423 of this title. The Secretary shall notify the local educational agency of the amount of the payment not later than June 1 of the year for which the Secretary makes the payment.

(b)Payments taken into account by the State

The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State in which the local educational agency is located takes into consideration payments made under this chapter in determining the eligibility of the local educational agency for State aid, or the amount of the State aid, with respect to the free public education of children during such fiscal year or the preceding fiscal year.

(c)Reduction of payment for failure to maintain fiscal effort

Each local educational agency shall maintain fiscal effort in accordance with section 7901 of this title or be subject to reduced payments under this subpart in accordance with such section 7901 of this title.

(d)Reallocations

The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose of this subpart, any amounts that—

(1)based on estimates made by local educational agencies or other information, the Secretary determines will not be needed by such agencies to carry out approved programs under this subpart; or

(2)otherwise become available for reallocation under this subpart.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 7428, Pub. L. 89–10, title VII, § 7118, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3727, related to capacity building, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110.

Amendments

2015—Subsec. (a). Pub. L. 114–95, § 6001(b)(8), made technical amendment to reference in original act which appears in text as reference to section 7423 of this title. Subsec. (c). Pub. L. 114–95, § 6002(j), added subsec. (c) and struck out former subsec. (c) which related to reduction of payment for failure to maintain fiscal effort with possibility of temporary waiver.

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.