PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3871 "SEC. 12003. PURPOSE. 20 USC 8503. "The purpose of this title is to help the Nation meet the National Education Groals through the provision of Federal funds to enable local educational agencies to meet the costs associated with the improvement of schools within their jurisdiction. "SEC. 12004. IMPROVEMENT OF PUBLIC ELEMENTARY AND SECOND- Grants. ARY EDUCATION FACILITIES PROGRAM AUTHORIZED. 20 USC 8504. "(a) PROGRAM AUTHORITY. — "(1) IN GENERA];.. —From amounts appropriated under section 12013 for any fiscal year, the Secretary shall award grants to eligible local educationgil agencies with applications approved under section 12005 to carry out the authorized activities described in section 12007. "(2) SPECIAL RULE. —The Secretary may reserve not more than 1 percent of the amount appropriated under section 12013 to provide assistance to Indian schools in accordance with this title. "(b) AWARD CATEGORIES.— "(1) IN GENERAL. —From the funds appropriated to carry out this title for each fiscal year, the Secretary shall award grants to eligible local educational agencies in each of the following categories:: "(A) Eligible local educational agencies in which the number of students enrolled is less than 2,500. "(B) Such agencies in which such number is 2,500 or greater but less than 5,000. "(C) Such agencies in which such number is 5,000 or greater but less than 10,000. "(D) Such agencies in which such number is 10,000 or greater but less than 25,000. "(E) Such agencies in which such number is 25,000 or greater but less than 50,000. "(F) Such agencies in which such number is 50,000 or greater. "(c) MAXIMUM AWARD AMOUNTS. — The Secretary shall annually set the maximum award amounts for each category described in subsection (b)(1). "SEC. 12005. AWARD OF GRANTS. 20 USC 8505. "(a) CRITERIA.— The Secretary shall award grants under this title on the basis of— "(1) high numbers or percentages of the total number of children aged 5 to 17, inclusive, residing in the geographic area served by an eligible local educational agency who are counted under subpart 2 of part A of title I; "(2) the extent to which the eligible local educational agency lacks the fiscal capacity, including the ability to raise funds through the full use of such agency's bonding capacity and otherwise, to undertake the project without Federal assistance; "(3) the threat of the condition of the physical plant poses to the safety and well-being of students; "(4) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility; "(5) the age of the facility to be renovated or replaced; and
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