Page:United States Statutes at Large Volume 102 Part 2.djvu/488

 102 STAT. 1492

PUBLIC LAW 100-418—AUG. 23, 1988 sortia may also apply in conjunction with the State educational agency. Not less than 20 percent of funds available under this paragraph shall be awarded to local educational agencies administering schools with a total enrollment of less than 2,000 elementary and secondary school students. (4) Community-based organizations shall be allotted 5 percent of the amount appropriated. Grants under this category shall be made after consultation between the community-based organization and the local educational agency that is to benefit from such a grant. 0)) SPECIAL TREATMENT OF EDUCATIONAL PARTNERSHIPS.—(1) The

Secretary shall allot 25 percent of the funds available for each category described in paragraphs (1), (2), and (3) of subsection (a) of this section to educational partnerships. (2) Educational partnerships under this subsection shall include— (A) a local educational agency; and (B) a business concern or business organization, or, if an appropriate business concern or business organization is not avail£ut>le, one of the following: any community-based organization, nonprofit private organization, institution of higher education, State educational agen(^. State or loc£d public agency, private industry council (established under the Job Training Partnership Act), museum, library, or educational television or broadcasting station. (c) AWARD OF GRANT.—From the amount allotted for any fiscal year to a category of local educati(mal agencies under subsection (a), the Secretary shall award as many grants as practicable within each such category to local educational agencies and educational partnerships whose applications have been approved by the Secretary for such fiscal year under section 6065 and whose applications propose a program of sufficient size and scope to be of value as a demonstration. The grants shall be made under such terms and conditions as the Secretary shall prescribe consistent with the provisions of this subchapter. (d) USE OF FUNDS WHEN NOT FULLY NEEDED FOR EDUCATIONAL

PARTNERSHIPS.—(1) Whenever the Secretary determines that the full amount of the sums made available under subsection O> in each t) cat^ory for educational partnerships will not be required for applications of educational partnerships, the Secretary shall make the amount not so required available to local educational ag^icies in the same category in which the funds are made available. (2) In order to transfer funds under this subsection, the Secretary shall use a peer review process to determine that such excess funds are not needed to fund educational partnerships and shall prepare a list of the categories in which additional funds are available, and the reasons therefor, and make such list available to local educational agencies upon request. The Secretary may use the peer review process to determine grant recipients of funds transferred in accordance with this subsection. (e) USE OF FUNDS WHEN NOT FULLY ALLOTTED TO CATEGORIES UNDER SUBSECTION (a).—(1) Whenever the Secretary determines

that the full amount of the sums allotted under any category set forth under subsection (a) will not be required for applications of the local educational agencies in the case of categories (1) through (3), the Secretary shall make the amount not so required available to another category under subsection (a). In carrying out the provisions of this subsection, the Secretary shall assure that the transfer of

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