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cies (except the agencies for American Samoa, Guam, the Northern Mariana
Islands, the Republic of Palau, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Virgin Islands). Except as provided
in section 13136 of this title, the amount of the grant to which an agency
is entitled under this section for a fiscal year is equal to the amount allo-
cated to it under the formula, reduced by the amounts available for that
fiscal year under other laws of the United States for expenditure in the
State for the same purpose for which an amount is made available under
this section. However, the reduction shall be made only to the extent the
amounts are available under the other laws—
(1) for that purpose specifically because the individuals served by the
amounts have refugee, parolee, or asylum status; and
(2) to assist individuals eligible for services under this section.
(e) GRANT
AMOUNTS
FOR
TERRITORIES
AND
POSSESSIONS.—The
amounts of the grants to which the State educational agencies of American
Samoa, Guam, the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, the Federated States of Micronesia, and
the Virgin Islands are entitled under this section are the amounts the Sec-
retary determines they need based on criteria the Secretary prescribes. The
total amount of those grants for a period may not be more than one percent
of the amount authorized to be appropriated to carry out this section during
the period. If the total of the amounts the Secretary determines those agen-
cies need is more than one percent, the amount of the grant to each of those
agencies is reduced proportionately so that the total is not more than one
percent.
§ 13133. Supplementary educational services grants
(a) DEFINITIONS.—In this section—
(1) ‘‘enrolled eligible participant in the State’’ means an eligible par-
ticipant enrolled in an elementary or secondary public school under the
jurisdiction of a qualified local educational agency in the State or in
an elementary or secondary nonpublic school in the district served by
a qualified local educational agency in the State.
(2) ‘‘qualified local educational agency’’ means a local educational
agency that during the fiscal year for which a grant is to be made
under this section, has enrolled in the elementary and secondary public
schools under its jurisdiction and in the elementary and secondary
nonpublic schools in the district it serves a number of eligible partici-
pants receiving supplementary educational services during the fiscal
year at least equal to the lesser of—
(A) 500; or
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(B) 5 percent of the total number of students enrolled in those
public or nonpublic schools during that fiscal year.
(b) GENERAL AUTHORITY.—(1) The Secretary of Education shall make
a grant, as provided in this subchapter, to each State educational agency
for each fiscal year to provide supplementary educational services for en-
rolled eligible participants in the State. Those services include—
(A) services necessary to enable eligible participants to perform satis-
factorily, including—
(i) instruction in English;
(ii) other bilingual educational services; and
(iii) special materials and supplies;
(B) additional basic instructional services directly attributable to the
presence of eligible participants in the school districts, including—
(i) additional classroom supplies;
(ii) overhead;
(iii) construction;
(iv) acquiring or renting space; and
(v) transportation; and
(C) special inservice training of personnel who will provide the in-
structional services described in clauses (A) and (B) of this paragraph.
(2) The State educational agency may use the grant only as provided in
its application as approved under section 13135(b) of this title.
(c) APPLICATIONS.—To receive a grant under this section, a State edu-
cational agency must submit an application to the Secretary. In the applica-
tion, the State educational agency must—
(1) agree to administer, or supervise the administration of, the edu-
cational programs, services, and activities paid for under this section;
(2) agree to ensure that payments under the grant will be used as
provided in subsection (b) of this section;
(3) agree to ensure that those payments will be allocated among the
local educational agencies in the State using the same formula and re-
ductions for the local educational agencies as the Secretary is required
to use in making allocations to State educational agencies under sub-
section (d) of this section;
(4) specify the amounts referred to in subsection (d)(2) of this sec-
tion that are made available under other laws of the United States to
agencies or other entities for educational or education-related services
or activities in the State because of a significant concentration of eligi-
ble participants and the local educational agencies that have jurisdic-
tion over elementary and secondary public schools, or that serve ele-
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mentary and secondary nonpublic schools, in which are enrolled eligible
participants who receive services paid for by those amounts;
(5) agree to ensure the Secretary that—
(A) to the extent consistent with the number of eligible partici-
pants enrolled in elementary and secondary nonpublic schools in
the district served by a local educational agency, the local edu-
cational agency, after consulting with the appropriate officials of
the schools, will provide secular, neutral, and nonideological mate-
rials, equipment, and services necessary to educate those eligible
participants;
(B) a public agency will—
(i) administer the amounts provided under this section for
the materials, equipment, and services referred to in
subclause (A) of this clause; and
(ii) own and administer property that is repaired, remod-
eled, or constructed with those amounts;
(C) those amounts will not be commingled with State or local
money; and
(D) a public agency will provide to each of those elementary or
secondary nonpublic schools the services referred to in subclause
(A) of this clause through—
(i) officers and employees under the control of the agency;
or
(ii) a contract with a person or agency that is under the
control of the public agency and, when providing the services,
is independent of the school and of any religious organization;
and
(6) comply with section 13135(a) of this title.
(d) ALLOCATIONS.—(1) The Secretary shall allocate the amount appro-
priated to carry out this section for a fiscal year among the State edu-
cational agencies (except the agencies for American Samoa, Guam, the
Northern Mariana Islands, the Republic of Palau, the Republic of the Mar-
shall Islands, the Federated States of Micronesia, and the Virgin Islands).
Except as provided in this section and section 13136 of this title, the
amount of the grant to which an agency is entitled under this section for
a fiscal year is equal to the sum of—
(A) the product of—
(i) the number of aliens who are enrolled eligible participants
in the State, during the period for which the determination of that
number is made, and who have been eligible participants less than
one year; multiplied by