20 U.S.C. § 7174 (EDUCATION)
§ 7174. Local competitive grant program
(a) In general
A State that receives funds under this part for a fiscal year shall provide the amount made available under section 7172(c)(1) of this title to eligible entities for community learning centers in accordance with this part.
(b) Application
(1) In general
To be eligible to receive an award under this part, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agency may reasonably require.
(2) Contents
Each application submitted under paragraph (1) shall include—
(A) a description of the before and after school or summer recess activities to be funded, including—
(i) an assurance that the program will take place in a safe and easily accessible facility;
(ii) a description of how students participating in the program carried out by the community learning center will travel safely to and from the center and home; and
(iii) a description of how the eligible entity will disseminate information about the community learning center (including its location) to the community in a manner that is understandable and accessible;
(B) a description of how the activity is expected to improve student academic achievement;
(C) an identification of Federal, State, and local programs that will be combined or coordinated with the proposed program to make the most effective use of public resources;
(D) an assurance that the proposed program was developed, and will be carried out, in active collaboration with the schools the students attend;
(E) a description of how the activities will meet the principles of effectiveness described in section 7175(b) of this title;
(F) an assurance that the program will primarily target students who attend schools eligible for schoolwide programs under section 6314 of this title and the families of such students;
(G) an assurance that funds under this part will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this part, be made available for programs and activities authorized under this part, and in no case supplant Federal, State, local, or non-Federal funds;
(H) a description of the partnership between a local educational agency, a community-based organization, and another public entity or private entity, if appropriate;
(I) an evaluation of the community needs and available resources for the community learning center and a description of how the program proposed to be carried out in the center will address those needs (including the needs of working families);
(J) a demonstration that the eligible entity has experience, or promise of success, in providing educational and related activities that will complement and enhance the academic performance, achievement, and positive youth development of the students;
(K) a description of a preliminary plan for how the community learning center will continue after funding under this part ends;
(L) an assurance that the community will be given notice of an intent to submit an application and that the application and any waiver request will be available for public review after submission of the application;
(M) if the eligible entity plans to use senior volunteers in activities carried out through the community learning center, a description of how the eligible entity will encourage and use appropriately qualified seniors to serve as the volunteers; and
(N) such other information and assurances as the State educational agency may reasonably require.
(c) Approval of certain applications
The State educational agency may approve an application under this part for a program to be located in a facility other than an elementary school or secondary school only if the program will be at least as available and accessible to the students to be served as if the program were located in an elementary school or secondary school.
(d) Permissive local match
(1) In general
A State educational agency may require an eligible entity to match funds awarded under this part, except that such match may not exceed the amount of the grant award and may not be derived from other Federal or State funds.
(2) Sliding scale
The amount of a match under paragraph (1) shall be established based on a sliding fee scale that takes into account—
(A) the relative poverty of the population to be targeted by the eligible entity; and
(B) the ability of the eligible entity to obtain such matching funds.
(3) In-kind contributions
Each State educational agency that requires an eligible entity to match funds under this subsection shall permit the eligible entity to provide all or any portion of such match in the form of in-kind contributions.
(4) Consideration
Notwithstanding this subsection, a State educational agency shall not consider an eligible entity’s ability to match funds when determining which eligible entities will receive awards under this part.
(e) Peer review
In reviewing local applications under this section, a State educational agency shall use a peer review process or other methods of assuring the quality of such applications.
(f) Geographic diversity
To the extent practicable, a State educational agency shall distribute funds under this part equitably among geographic areas within the State, including urban and rural communities.
(g) Duration of awards
Grants under this part may be awarded for a period of not less than 3 years and not more than 5 years.
(h) Amount of awards
A grant awarded under this part may not be made in an amount that is less than $50,000.
(i) Priority
(1) In general
In awarding grants under this part, a State educational agency shall give priority to applications—
(A) proposing to target services to students who attend schools that have been identified as in need of improvement under section 6316 of this title; and
(B) submitted jointly by eligible entities consisting of not less than 1—
(i) local educational agency receiving funds under part A of subchapter I of this chapter; and
(ii) community-based organization or other public or private entity.
(2) Special rule
The State educational agency shall provide the same priority under paragraph (1) to an application submitted by a local educational agency if the local educational agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and of sufficient quality to meet the requirements of this part.
(Pub. L. 89–10, title IV, § 4204, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1769.)