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(1) the number of immigrant children and youth enrolled in public
elementary and secondary schools under the jurisdiction of the local
educational agencies of the State and in nonpublic elementary and sec-
ondary schools in the districts served by the local educational agencies
of the State; relative to
(2) the total number of immigrant children and youth similarly en-
rolled in all the States participating in the program assisted under this
chapter.
(b) DETERMINING NUMBER OF IMMIGRANT CHILDREN AND YOUTH.—(1)
The Secretary shall determine the number of immigrant children and youth
for a State educational agency under this section based on information or
estimates provided by the agency under criteria prescribed by the Secretary.
However, after notice and opportunity for a hearing, the Secretary may dis-
regard information or estimates that the Secretary decides are clearly erro-
neous.
(2) A determination under this subsection based on an overestimate or
underestimate may not deprive a State educational agency of the allocation
the State otherwise would have received under this chapter if the determina-
tion were based on accurate information.
(c) REALLOCATION OF UNUSED AMOUNTS.—When the Secretary deter-
mines that a part of a payment made to a State educational agency under
this chapter for a fiscal year will not be used by the agency to carry out
the purpose for which the payment was made, the Secretary shall make that
part available to one or more State educational agencies to the extent the
Secretary decides the other agencies can use the additional amount to carry
out the purpose. An amount made available under this subsection to a State
educational agency from an appropriation for a fiscal year is deemed in this
chapter to be a part of the payment (as determined under subsection (a)
of this section) to that agency for that fiscal year, and remains available
until the end of the next fiscal year.
§ 13506. Grants to local educational agencies
(a) DISTRIBUTION
BY STATE EDUCATIONAL AGENCIES.—(1) If the
amount appropriated to carry out this chapter is more than $50,000,000
for a fiscal year, a State educational agency may reserve not more than 20
percent of the agency’s payment under this chapter for that year to award
grants to local educational agencies in the State. The grants shall be award-
ed on a competitive basis.
(2)(A) At least one-half of the grants shall be made available to local edu-
cational agencies that have the highest numbers and percentages of immi-
grant children and youth.
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(B) Amounts reserved under this subsection and not made available
under paragraph (2)(A) of this subsection may be distributed to local edu-
cational agencies in the State that are experiencing a sudden influx of immi-
grant children and youth but otherwise are not eligible for assistance under
this chapter.
(b) USE OF GRANT.—A local educational agency receiving a grant under
subsection (a) of this section shall use the grant to carry out the activities
described in section 13503(b) of this title.
(c) CONSORTIA.—A local educational agency receiving a grant under this
chapter may collaborate or form a consortium with one or more local edu-
cational agencies, institutions of higher education, and nonprofit organiza-
tions to carry out the program described in an application approved under
this chapter.
(d) SUBGRANTS.—With the approval of the Secretary of Education, a
local educational agency receiving a grant under this chapter may make a
subgrant to, or a contract with, an institution of higher education, a non-
profit organization, or a consortium of institutions of higher education or
nonprofit organizations to carry out a program described in an application
approved under this chapter, including a program to serve out-of-school
youth.
(e) DISTRIBUTION OF INFORMATION.—Local educational agencies receiv-
ing amounts under subsection (a) of this section that have the highest num-
ber of immigrant children and youth may make information on serving im-
migrant children and youth available to local educational agencies in the
State with sparse numbers of immigrant children and youth.
(f) SIMULTANEOUS SERVICE OF IMMIGRANT CHILDREN AND YOUTH.—
This chapter does not prohibit a local educational agency from serving, in
the same educational setting where appropriate, immigrant children and
youth simultaneously with students with similar educational needs.
§ 13507. Providing assistance to nonpublic schools when
local educational agency does not
(a) GENERAL AUTHORITY.—If a local educational agency is prohibited by
law from providing educational services for children and youth enrolled in
nonpublic elementary and secondary schools as required by section
13504(a)(7) of this title, or if the Secretary of Education decides that a
local educational agency has failed substantially to, or will not, provide for
the participation on an equitable basis of children and youth enrolled in
those schools, the Secretary—
(1) may waive the requirements of section 13504(a)(7) of this title;
and
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(2) subject to the other requirements of this chapter, shall arrange
for educational services to be provided for those children and youth.
(b) WAIVER REQUIREMENTS.—A waiver under this section is subject to
consultation, withholding, notice, and judicial review requirements as pro-
vided in title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.).
§ 13508. State administrative costs
For any fiscal year, a State educational agency may reserve not more
than 1.5 percent of the amount allocated to the agency under section
13505(a) of this title to pay the costs of its administrative duties and pow-
ers under this chapter.
§ 13509. Withholding payments
(a) AUTHORITY TO WITHHOLD.—When the Secretary of Education de-
cides that a State educational agency receiving payments under this chapter,
or a local educational agency receiving payments from the State educational
agency, is not complying with a requirement of this chapter, the Secretary,
until satisfied that there is no longer a failure to comply, shall—
(1) stop making payments to the State educational agency under this
chapter; or
(2) prohibit the State educational agency from making payments
under this chapter to the local educational agency that is causing, or
involved in, the failure.
(b) NOTICE AND OPPORTUNITY FOR HEARING.—The Secretary—
(1) may act under subsection (a) of this section only after giving the
State educational agency reasonable notice and opportunity for a hear-
ing; and
(2) shall notify the State educational agency of the action the Sec-
retary is taking under subsection (a) of this section.
§ 13510. Reports
(a) REPORTS
BY STATE EDUCATIONAL AGENCIES.—Each State edu-
cational agency receiving amounts under this chapter shall submit a report
once every 2 years to the Secretary of Education on the expenditure of
amounts by local educational agencies under this chapter. Each local edu-
cational agency receiving amounts under this chapter shall submit to the
State educational agency information necessary for the report.
(b) REPORTS BY THE SECRETARY.—The Secretary shall submit a report
once every 2 years to the appropriate committees of Congress about pro-
grams assisted under this chapter as provided in section 14701 of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 8941).