 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
   SUBCHAPTER IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
 
                        Part A--Indian Education
 
         subpart 1--formula grants to local educational agencies
 
Sec. 7812. Grants to local educational agencies


(a) In general

                     (1) Enrollment requirements

        A local educational agency shall be eligible for a grant under 
    this subpart for any fiscal year if the number of Indian children 
    eligible under section 7816 of this title and who were enrolled in 
    the schools of the agency, and to whom the agency provided free 
    public education, during the preceding fiscal year--
            (A) was at least 10; or
            (B) constituted not less than 25 percent of the total number 
        of individuals enrolled in the schools of such agency.

                            (2) Exclusion

        The requirement of paragraph (1) shall not apply in Alaska, 
    California, or Oklahoma, or with respect to any local educational 
    agency located on, or in proximity to, a reservation.

(b) Indian tribes

                           (1) In general

        If a local educational agency that is eligible for a grant under 
    this subpart does not establish a parent committee under section 
    7814(c)(4) of this title for such grant, an Indian tribe that 
    represents no less than one-half of the eligible Indian children who 
    are served by such local educational agency may apply for such 
    grant.

                          (2) Special rule

        The Secretary shall treat each Indian tribe applying for a grant 
    pursuant to paragraph (1) as if such Indian tribe were a local 
    educational agency for purposes of this subpart.

(Pub. L. 89-10, title IX, Sec. 9112, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3774; amended Pub. L. 104-5, Sec. 1, 
Mar. 23, 1995, 109 Stat. 72.)


                               Amendments

    1995--Subsec. (a)(1)(A). Pub. L. 104-5 substituted ``or'' for 
``and'' at end.

                  Section Referred to in Other Sections

    This section is referred to in section 7813 of this title.
