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84.060 INDIAN EDUCATION_GRANTS TO LOCAL EDUCATIONAL AGENCIES

FEDERAL AGENCY
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION

AUTHORIZATION
Elementary and Secondary Education Act of 1965, as amended, Title VII, Part A, Subpart 1, 20 U.S.C. 7421-7429, 7491-7492.

OBJECTIVES
To address the unique education and culturally related academic needs of Indian students, including preschool children, so that these students can achieve to the same challenging state performance standards expected of all students. This program is the Department's principal vehicle for addressing the particular needs of Indian children.

TYPES OF ASSISTANCE
Formula Grants.

USES AND USE RESTRICTIONS
Grants supplement the regular school program, helping Indian children sharpen their academic skills, assisting students in becoming proficient in the core content areas, and providing students an opportunity to participate in enrichment programs that would otherwise be unavailable. Funds support such activities as after-school programs, tutoring, and dropout prevention. This program is subject to non-supplanting requirements and must use a restricted indirect cost rate which is referenced under 34 CFR 76.564-76.569. For assistance call the Office of the Chief Financial Officer/Indirect Cost Group on (202) 708-7770.

Applicant Eligibility
Local educational agencies (LEAs) that enroll at least 10 Indian children or in which Indians constitute at least 25 percent of the total enrollment. These requirements do not apply to LEAs serving Indian children in Alaska, California, and Oklahoma or located on, or in proximity to, an Indian reservation. Schools that receive funding from the DOI Bureau of Indian Education (BIE) under Section 1130 of the Education Amendments of 1978, 25 U.S.C. 2001, are deemed to be eligible to participate in this program.

Beneficiary Eligibility
Eligible Indian children enrolled in eligible local educational agencies, and BIE-funded schools.

Credentials/Documentation
The applicant must certify the number of eligible Indian children enrolled. The grant award is computed based on this information. An applicant must also assure that it has carried out a number of other required activities, including: holding a public hearing, establishing an Indian parent committee, and making arrangements for an evaluation of the effectiveness of the project. No grant will be made unless the applicant has the written approval of the applicant's Indian parent committee. Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.

Preapplication Coordination
The standard application forms as furnished by the Federal agency must be used for this program. This program is excluded from coverage under OMB Circular No. A-102. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application Procedure
The LEA annually submits to the Department of Education an application describing its proposed project. Application forms are available from the headquarters office. This program is excluded from coverage under OMB Circular No. A-110.

Award Procedure
Awards are issued annually directly to the LEA. Awards are made to all applicants that meet the applicable requirements of the Act and that have designed a project that the Secretary of Education determines will substantially increase the educational opportunities of the Indian children served by the applicant.

Deadlines
Deadlines are established annually. Notice of closing date is published in the Federal Register.

Range of Approval/Disapproval Time
Approximately 160 days.

Appeals
None.

Renewals
None.

Formula and Matching Requirements
The Department calculates the amount of a grant that an LEA receives by multiplying the number of Indian children enrolled in the LEA's schools by the average per-pupil expenditure for the State in which the applicant is located, or 80 percent of the national average per pupil expenditure, whichever is greater. In setting the actual amount of a grant, an applicant's formula amount is adjusted on the basis of available appropriations. In order for an LEA to receive a grant, the appropriate State educational agency (SEA) must certify that the combined fiscal effort of that LEA and the State with respect to the provision of free public education by that LEA for the preceding fiscal year was not less than 90 percent of the combined fiscal effort for that purpose for the second preceding fiscal year. If an LEA does not meet this requirement and the Secretary does not grant a waiver for unusual circumstances, the LEA's grant award is reduced in the proportion by which the LEA failed to meet the combined fiscal effort requirement. Bureau of Indian Education are exempt from the combined fiscal effort requirement. This program has no matching requirements.

Length and Time Phasing of Assistance
Grants are awarded for up to 60 months and funds must be spent or obligated within the project period. Payments are made by direct deposit upon request by LEAs.

Reports
Financial and performance reports are due within 90 days of the termination of the project period.

Audits
In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Nonprofit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.

Records
Records must be maintained three years after the completion of the activity for which grant funds were used.

Account Identification
91-0101-0-1-501.

Obligations
(Grants) FY 07 $95,331,000; FY 08 est $96,613,000; and FY 09 est $96,613,000.

Range and Average of Financial Assistance
Awards range from $4,000 to $2,073,333.

PROGRAM ACCOMPLISHMENTS
In fiscal year 2008, awards were made to approximatley 1,112 LEAs, 74 BIE grant/contract schools, and 51 BIE operated schools. The projects that were funded served approximately 474,445 Indian students in elementary and secondary schools. The average per student payment was $204.

REGULATIONS, GUIDELINES, AND LITERATURE
34 CFR 74, 75, 77, 78, 79, 80, 81, 82, 85, and 86.

Regional or Local Office
None.

Headquarters Office
Office of Indian Education, Department of Education, 400 Maryland Avenue, S.W., Washington, DC 20202. Contact: Cathie Carothers. E-mail: cathie.carothers@ed.gov. Telephone: (202) 260-1683.

Web Site Address
http://www.ed.gov/about/offices/list/oese/oie/programs.html

RELATED PROGRAMS
None.

EXAMPLES OF FUNDED PROJECTS
Instruction in reading and mathematics; counseling and guidance; native language and cultural education instruction; early childhood and family programs emphasizing school readiness; and school-to-work transition programs.

CRITERIA FOR SELECTING PROPOSALS
Criteria are contained in EDGAR; contact the program office for additional information.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)