ELEMENTARY & SECONDARY EDUCATION
The Impact Aid Program Statute
as amended through August 2, 2002
Title VIII of the Elementary and Secondary Education Act of 1965
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SEC. 8005. [20 U.S.C. 7705] APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003
  1. IN GENERAL. -A local educational agency desiring to receive a payment under section 8002 or 8003 shall-
    1. submit an application for such payment to the Secretary; and
    2. provide a copy of such application to the State educational agency.
  2. CONTENTS. -Each such application shall be submitted in such form and manner, and shall contain such information, as the Secretary may require, including-
    1. information to determine the eligibility of the local educational agency for a payment and the amount of such payment; and
    2. where applicable, an assurance that such agency is in compliance with section 8004 (relating to children residing on Indian lands).
  3. DEADLINE FOR SUBMISSION. -The Secretary shall establish deadlines for the submission of applications under this section.
  4. APPROVAL. -
    1. IN GENERAL. - The Secretary shall approve an application submitted under this section that-
      1. except as provided in paragraph (2), is filed by the deadline established under subsection (c); and
      2. otherwise meets the requirements of this title.
    2. REDUCTION IN PAYMENT. -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 title, except that, notwithstanding section 8003(e), the Secretary shall reduce the payment based on such late application by 10 percent of the amount that would otherwise be paid.
    3. LATE APPLICATIONS. -
      1. NOTICE. -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 8002 or 8003 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.
      2. ACCEPTANCE AND APPROVAL OF LATE APPLICATIONS. -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).
    4. STATE APPLICATION AUTHORITY. -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 the date of enactment of the Improving America's Schools Act of 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.

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Last Modified: 09/29/2005