115 STAT. 1842 PUBLIC LAW 107-1 IONIAN. 8, 2002 shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in order to make progress toward meeting State standards for physical education. "(b) PRIVATE SCHOOL AND HOME-SCHOOLED STUDENTS.—An application for funds under this subpart may provide for the participation, in the activities funded under this subpart, of— "(1) students enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers; or "(2) home-schooled students, and their parents and teachers. 20 USC 7261d. "SEC. 5505. REQUIREMENTS. "(a) ANNUAL REPORT TO THE SECRETARY. — In order to continue receiving funding after the first year of a multiyear grant or contract under this subpart, the administrator of the grant or contract for the local educational agency or community-based organization shall submit to the Secretary an annual report that— "(1) describes the activities conducted during the preceding year; and "(2) demonstrates that progress has been made toward meeting State standards for physical education. "(b) ADMINISTRATIVE EXPENSES.— Not more than 5 percent of the grant funds made available to a local educational agency or community-based organization under this subpart for any fiscal year may be used for administrative expenses. 20 USC 726 le. "SEC. 5506. ADMINISTRATIVE PROVISIONS. "(a) FEDERAL SHARE.—The Federal share under this subpart may not exceed— "(1) 90 percent of the total cost of a program for the first year for which the program receives assistance under this subpart; and "(2) 75 percent of such cost for the second and each subsequent such year. "(b) PROPORTIONALITY. — To the extent practicable, the Secretary shall ensure that grants awarded under this subpart shall be equitably distributed among local educational agencies and community- based organizations serving urban and rural areas. Deadline. "(c) REPORT TO CONGRESS. —Not later than June 1, 2003, the Secretary shall submit a report to Congress that— "(1) describes the programs assisted under this subpart; "(2) documents the success of such programs in improving physical fitness; and "(3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this subpart. "(d) AVAILABILITY OF FUNDS.—Amounts made available to the Secretary to carry out this subpart shall remain available until expended. 20 USC 726 If. "SEC. 5507. SUPPLEMENT, NOT SUPPLANT. "Funds made available under this subpart shall be used to supplement, and not supplant, any other Federal, State, or local funds available for physical education activities.
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