Page:United States Statutes at Large Volume 102 Part 1.djvu/434

 102 STAT. 396

PUBLIC LAW 100-297—APR. 28, 1988

carry out elementary and secondary school programs specially designed to meet these special educational and culturally related academic needs, or both. 25 USC 2602.

SEC. 5312. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

(a) IN GENERAL.—The Secretary shall, in order to effectuate the policy set forth in section 5311, carry out a program of making grants to local educational agencies which are entitled to payments under this subpart and which have submitted, and have had approved, applications therefor, in accordance with the provisions of this subpart. (b) AMOUNT OF GRANTS.—

(1)(A) For any fiscal year for which appropriations are authorized under section 5316 of this Act, the Secretary shall determine the number of eligible Indian children who were enrolled in the schools of a local educational agency, and for whom such agency provided free public education, during such fiscal year. (B) For purposes of this subpart, the term "eligible Indian children" means Indian children whom the Secretary has determined— (i) were enrolled in a school of the local educational agency, and (ii) were provided free public education by the local educational agency. (2)(A) From the sums appropriated under section 5316(a) for any fiscal year, the Secretary shall allocate to each local educational agency which has an application approved under this subpart an amount which bears the same ratio to such sums as the product of— (i) the number of eligible Indian children, multiplied by (ii) the average per pupil expenditure per local educational agency, bears to the sum of such products for all such local educational agencies. (B) A local educational agency shall not be entitled to receive a grant under this subpart for any fiscal year unless the number of eligible Indian children, with respect to such agency, is at least 10 or constitutes at least 50 percent of its total enrollment. The requirements of this subparagraph shall not apply to any local educational agencies serving Indian children in Alaska, California, and Oklahoma or located on, or in proximity to, an Indian reservation. (C) For the purposes of this subsection, the average per pupil expenditure for a local educational agency is equal to the amount determined by dividing— (i) the sum of— (I) the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all of the local educational agencies in the State in which such agency is located, plus (II) any direct current expenditures by such State for the operation of such agencies (without regard to the sources of funds from which either of such expenditures are made), by

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