Federal · Title 20 — Education

20 U.S.C. § 7705: Application for payments under sections 7702 and 7703 of this title

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submit an application for such payment to the Secretary; and provide a copy of such application to the State educational agency. information to determine the eligibility of the local educational agency for a payment and the amount of such payment; and where applicable, an assurance that such agency is in compliance with section 7704 of this title (relating to children residing on Indian lands). The Secretary shall establish deadlines for the submission of applications under this section. except as provided in paragraph (2), is filed by the deadline established under subsection (c); and otherwise meets the requirements of this subchapter. The Secretary shall approve an application filed not more than 60 days after a deadline established under subsection (c), 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. The Secretary shall, as soon as practicable after the deadline established under subsection (c), 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. 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). 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. “This Act may be cited as the ‘Supplemental Impact Aid Flexibility Act’. use the data described in section 7002(j) of such Act relating to calculating such payment that was submitted by the local educational agency in the application for fiscal year 2022; or use the data relating to calculating such payment for the fiscal year required under section 7002(j) of such Act; and use the student count data relating to calculating such payment that was submitted by the local educational agency in the application for fiscal year 2022, provided that payments for fiscal year 2023 shall be calculated by the Secretary using the expenditures and rates described in clauses (i), (ii), (iii), and (iv) of section 7003(b)(1)(C) of such Act that would otherwise apply for fiscal year 2023; or use the student count data relating to calculating such payment for the fiscal year required under section 7003(c) of such Act.” use the data described in section 7002(j) of such Act relating to calculating such payment that was submitted by the local educational agency in the application for fiscal year 2021; or use the data relating to calculating such payment for the fiscal year required under section 7002(j) of such Act; and use the student count data relating to calculating such payment that was submitted by the local educational agency in the application for fiscal year 2021, provided that payments for fiscal year 2022 shall be calculated by the Secretary using the expenditures and rates described in clauses (i), (ii), (iii), and (iv) of section 7003(b)(1)(C) of such Act that would otherwise apply for fiscal year 2022; or use the student count data relating to calculating such payment for the fiscal year required under section 7003(c) of such Act.”

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