42 U.S.C. § 12528: Federal, State, and local…

Summary

When the Corporation gives a grant, it will pay part of the program cost. For new grants it can pay up to 80% in the first year, 65% in the second year, and 50% in each later year. For continuing grants it can pay up to 50%. Grant recipients must cover the rest with cash or in-kind help like buildings, equipment, or services. They may use federal, state, local, or private funds, but they cannot use federal money from Title I of the Elementary and Secondary Education Act or from the Individuals with Disabilities Education Act. The Chief Executive Officer can waive these rules, in whole or in part, for any fiscal year if local resources are lacking.

Title 42, §12528

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Corporation share

(1)In general

The Corporation share of the cost of carrying out a program for which a grant is made from an allotment under this part—

(A)for new grants may not exceed 80 percent of the total cost of the program for the first year of the grant period, 65 percent for the second year, and 50 percent for each remaining year; and

(B)for continuing grants, may not exceed 50 percent of the total cost of the program.

(2)Noncorporation contribution

In providing for the remaining share of the cost of carrying out such a program, each recipient of such a grant under this part—

(A)shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services;

(B)except as provided in subparagraph (C), may provide for such share through Federal, State, or local sources, including private funds or donated services; and

(C)may not provide for such share through Federal funds made available under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) [20 U.S.C. 6301 et seq.] or the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

(b)Waiver

The Chief Executive Officer may waive the requirements of subsection (a) in whole or in part with respect to any such program for any fiscal year, on a determination that such a waiver would be equitable due to a lack of resources at the local level.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(C), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see

Short Title

note set out under section 6301 of Title 20 and Tables. The Individuals with Disabilities Education Act, referred to in subsec. (a)(2)(C), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

Prior Provisions

A prior section 12528, Pub. L. 101–610, title I, § 115A, as added Pub. L. 103–82, title I, § 103(a)(2), Sept. 21, 1993, 107 Stat. 831; amended Pub. L. 103–382, title III, § 394(h)(3), Oct. 20, 1994, 108 Stat. 4028, related to participation of students and teachers from private schools, prior to the general amendment of this part by Pub. L. 111–13. A prior section 116 of Pub. L. 101–610 was classified to section 12529 of this title prior to the general amendment of this part by Pub. L. 111–13. Another prior section 116 of Pub. L. 101–610 was classified to section 12526 of this title prior to repeal by Pub. L. 103–82.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an

Effective Date

of 2009 Amendment note under section 4950 of this title.

§12528 Federal, State, and Local Contributions

Summary

Title 42, §12528

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata