20 U.S.C. § 1004
Section 1004 · Grant application
Amended 2 times on record
A partnership desiring to receive a grant under this part shall submit an application to the Secretary, in such form and providing such information as the Secretary, by regulation, shall require.
The application shall include—
(1) the partnership agreement described in section 1002 of this title;
(2) a listing of the public and private nonprofit secondary school or schools to be involved in the program;
(3) a description of the activities and services for which assistance is sought;
(4) a description of the programs to be developed and operated by the partnership; and
(5) assurances to the Secretary that—
(A) the partnership will establish a governing body including one representative of each participant in the partnership;
(B) Federal funds will provide no more than 70 percent of the cost of the project in the first year, 60 percent of such costs in the second year, and 50 percent of such costs in the third year and any subsequent year;
(C) a local educational agency or institution of higher education receiving funds under this part shall not reduce its combined fiscal effort per student or its aggregate expenditure on education;
(D) a local educational agency or institution of higher education participating in this partnership shall utilize any Federal funds it shall receive from a grant under this part to supplement, and, to the extent practicable, increase the resources that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students described in this part; and
(E) in no case shall funds under such a grant be used to supplant non-Federal funds already available.
The non-Federal share of grants awarded under this part may be in cash or in kind fairly evaluated, including services, supplies or equipment.
The Secretary may waive the matching requirement described in paragraph (5)(B) for any eligible partnership that demonstrates to the satisfaction of the Secretary a unique hardship that prevents compliance with such matching requirement.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
A prior section 1004, Pub. L. 89 329, title I, §104, as added Pub. L. 96 374, title I, §101(a), Oct. 3, 1980, 94 Stat. 1376, related to administrative provisions and powers of Commission on National Development in Postsecondary Education, prior to the general revision of this subchapter by Pub. L. 99 498.
Another prior section 1004, Pub. L. 89 329, title I, §104, Nov. 8, 1965, 79 Stat. 1220; Pub. L. 94 482, title I, §101(b)(3), Oct. 12, 1976, 90 Stat. 2084; Pub. L. 95 43, §1(a)(2), June 15, 1977, 91 Stat. 213, described the allowable uses of States’ allotments of funds, prior to the general revision of this subchapter by Pub. L. 96 374.
Amendments
1993—Subsec. (b)(5)(C). Pub. L. 103 208 substituted “part” for “subpart”.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103 208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102 325, except as otherwise provided, see section 5(a) of Pub. L. 103 208, set out as a note under section 1003 of this title.