§ 7705. — Application for payments under sections 7702 and 7703 of this title.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC7705]
TITLE 20--EDUCATION
CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY
SCHOOLS
SUBCHAPTER VIII--IMPACT AID
Sec. 7705. Application for payments under sections 7702 and 7703
of this title
(a) In general
A local educational agency desiring to receive a payment under
section 7702 or 7703 of this title shall--
(1) submit an application for such payment to the Secretary; and
(2) provide a copy of such application to the State educational
agency.
(b) Contents
Each such application shall be submitted in such form and manner,
and shall contain such information, as the Secretary may require,
including--
(1) information to determine the eligibility of the local
educational agency for a payment and the amount of such payment; and
(2) where applicable, an assurance that such agency is in
compliance with section 7704 of this title (relating to children
residing on Indian lands).
(c) Deadline for submission
The Secretary shall establish deadlines for the submission of
applications under this section.
(d) Approval
(1) In general
The Secretary shall approve an application submitted under this
section that--
(A) except as provided in paragraph (2), is filed by the
deadline established under subsection (c) of this section; and
(B) otherwise meets the requirements of this subchapter.
(2) Reduction in payment
The Secretary shall approve an application filed not more than
60 days after a deadline established under subsection (c) of this
section, or not more than 60 days after the date on which the
Secretary sends written notice to the local educational agency
pursuant to paragraph (3)(A), as the case may be, that otherwise
meets the requirements of this subchapter, except that,
notwithstanding section 7703(e) of this title, the Secretary shall
reduce the payment based on such late application by 10 percent of
the amount that would otherwise be paid.
(3) Late applications
(A) Notice
The Secretary shall, as soon as practicable after the
deadline established under subsection (c) of this section,
provide to each local educational agency that applied for a
payment under section 7702 or 7703 of this title for the prior
fiscal year, and with respect to which the Secretary has not
received an application for a payment under either such section
(as the case may be) for the fiscal year in question, written
notice of the failure to comply with the deadline and
instruction to ensure that the application is filed not later
than 60 days after the date on which the Secretary sends the
notice.
(B) Acceptance and approval of late applications
The Secretary shall not accept or approve any application of
a local educational agency that is filed more than 60 days after
the date on which the Secretary sends written notice to the
local educational agency pursuant to subparagraph (A).
(4) State application authority
Notwithstanding any other provision of law, a State educational
agency that had been accepted as an applicant for funds under
section 3 of the Act of September 30, 1950 (Public Law 874, 81st
Congress) (as such section was in effect on the day preceding
October 20, 1994) in fiscal year 1994 shall be permitted to continue
as an applicant under the same conditions by which such agency made
application during such fiscal year only if such State educational
agency distributes all funds received for the students for which
application is being made by such State educational agency to the
local educational agencies providing educational services to such
students.
(Pub. L. 89-10, title VIII, Sec. 8005, as added Pub. L. 103-382, title
I, Sec. 101, Oct. 20, 1994, 108 Stat. 3761; amended Pub. L. 106-398,
Sec. 1 [[div. A], title XVIII, Sec. 1809], Oct. 30, 2000, 114 Stat.
1654, 1654A-382.)
References in Text
Section 3 of the Act of September 30, 1950 (Public Law 874, 81st
Congress) (as such section was in effect on the day preceding October
20, 1994), referred to in subsec. (d)(4), means section 3 of act Sept.
30, 1950, ch. 1124, which was classified to section 238 of this title
prior to repeal by Pub. L. 103-382, title III, Sec. 331(b), Oct. 20,
1994, 108 Stat. 3965.
Prior Provisions
A prior section 8005 of Pub. L. 89-10 was renumbered section 9005
and was classified to section 3386 of this title, prior to the general
amendment of Pub. L. 89-10 by Pub. L. 103-382.
Amendments
2000--Subsec. (d)(2). Pub. L. 106-398, Sec. 1 [[div. A], title
XVIII, Sec. 1809(1)], inserted ``, or not more than 60 days after the
date on which the Secretary sends written notice to the local
educational agency pursuant to paragraph (3)(A), as the case may be,''
after ``subsection (c) of this section''.
Subsec. (d)(3). Pub. L. 106-398, Sec. 1 [[div. A], title XVIII,
Sec. 1809(2)], amended heading and text generally. Prior to amendment,
text read as follows: ``The Secretary shall not accept or approve any
application that is filed more than 60 days after a deadline established
under subsection (c) of this section.''
Section Referred to in Other Sections
This section is referred to in section 7702 of this title.
