PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3775 "(B) constituted not less than 25 percent of the total number of individuals enrolled in the schools of such agency. " (2) EXCLUSION.— The requirement of paragraph (1) shall not apply in Alaska, California, or Oklahoma, or with respect to any local educational agency located on, or in proximity to, a reservation. " (b) INDIAN TRIBES. — "(1) IN GENERAL.— I f a local educational agency that is eligible for a grant under this subpart does not establish a parent committee under section 9114(c)(4) for such grant, an Indian tribe that represents no less than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant. "(2) SPECIAL RULE. —The Secretary shall treat each Indian tribe applying for a grant pursuant to paragraph (1) as if such Indian tribe were a local educational agency for purposes of this subpart.
- SEC. 9113. AMOUNT OF GRANTS.
20 USC 7813. " (a) AMOUNT OF GRANT AWARDS.— "(1) IN GENERAL.—Except as provided in subsection (b) and paragraph (2), the Secretary shall allocate to each local educational agency which has an approved application under this subpart an amount equal to the product of— "(A) the number of Indian children who are eligible under section 9116 and served by such agency; and "(B) the greater of— "(i) the average per-pupil expenditure of the State in which such agency is located; or "(ii) 80 percent of the average per-pupil expenditure in the United States. "(2) REDUCTION. —The Secretary shall reduce the amount of each allocation determined under paragraph (1) in accordance with subsection (e). "(b) MINIMUM GRANT.— "(1) IN GENERAL.— Notwithstanding subsection (e) of this section, a local educational agency or an Indian tribe (as authorized under section 9112(b)) that is eligible for a grant under section 9112, and a school that is operated or supported by the Bureau of Indian Affairs that is eligible for a grant under subsection (d), that submits an application that is approved by the Secretary, shall, subject to appropriations, receive a frant under this subpart in an amount that is not less than 3,000. "(2) CONSORTIA.— Local educational agencies may form a consortium for the purpose of obtaining grants under this Act. "(3) INCREASE. — The Secretary may increase the minimum grant under paragraph (1) to not more than $4,000 for all grantees if the Secretary determines such increase is necessary to ensure quality programs. "(c) DEFINITION.— For the purpose of this section, the term 'average per-pupil expenditure of a State' means an amount equal to— "(1) the sum of the aggregate current expenditures of all the local educational agencies in the State, plus any direct current expenditures by the State for the operation of such