20 U.S.C. § 1070a–22 — Requirements

(a) Funding. Of the fiscal-year amount appropriated under section 1070a–28, at least 33 percent must go to State^* entities under section 1070a–21(c)(1), at least 33 percent to partnership entities under section 1070a–21(c)(2), and the remainder to either type based on the number, quality, and promise of applications. As practicable, the Secretary^* must consider geographic distribution and the urban-rural balance. (b) Coordination. Each entity must, as practicable, coordinate its activities with and complement and strengthen services under this division provided by other entities serving the same district or State and related Federal or non-Federal services. (c) Fiscal agent. A partnership must designate a higher-education institution or local educational agency^* as its fiscal agent. (d) Cohort approach. (1) The Secretary must require a partnership to serve at least one grade level, starting no later than seventh grade, in a participating school with seventh grade in which at least 50 percent of students qualify for free or reduced-price lunch under the cited school-lunch law. If the entity finds it would make the program more effective, it may instead serve an entire grade beginning no later than seventh grade whose students live in public housing as defined in section 1437a(b)(1) of title 42. Services must continue through twelfth grade and may continue through the student’s first higher-education year if the application described that service. The entity must also serve students who received an earlier GEAR UP grant but have not finished twelfth grade. (2) Before requiring this cohort approach, the Secretary must, when applicable, ensure coordination and collaboration with existing early-intervention programs and avoid duplicating services already provided to the school or community. (e) Grant funds must supplement, not replace, other Federal, State, and local money that otherwise would be spent on these activities.