20 U.S.C. § 7705 — Application for payments under sections 7702 and 7703 of this title

(a) In general: A local educational agency that wants a payment under section 7702 or 7703 of this title must (1) submit an application for that payment to the Secretary, and (2) give a copy of that application to the State educational agency. (b) Contents: Each application must be submitted in whatever form and manner the Secretary requires, including (1) information to determine whether the district is eligible for a payment and how much it would get, and (2) where applicable, an assurance that the district is complying with section 7704 of this title, about children residing on Indian lands. (c) Deadline for submission: The Secretary must set deadlines for submitting applications under this section. (d) Approval: (1) In general: The Secretary must approve an application submitted under this section that (A), except as (2) provides, is filed by the deadline set under (c), and (B) otherwise meets this subchapter's requirements. (2) Reduction in payment: The Secretary must still approve an application filed not more than 60 days after the (c) deadline — or not more than 60 days after the Secretary sends the written notice described in (3)(A), whichever applies — if it otherwise meets this subchapter's requirements. But even though section 7703(e) of this title would normally apply, the Secretary must reduce that late application's payment by 10 percent of what it would otherwise be. (3) Late applications: (A) Notice: As soon as practicable after the (c) deadline, the Secretary must give written notice to each district that applied for a payment under section 7702 or 7703 for the prior fiscal year but hasn't submitted an application for the current fiscal year. The notice must explain the district missed the deadline and instruct it to file within 60 days of the notice. (B) Acceptance and approval of late applications: The Secretary cannot accept or approve any application filed more than 60 days after the Secretary sends that written notice under (A). (4) State application authority: Despite any other 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 that section read the day before October 20, 1994, in fiscal year 1994, may keep applying under the same conditions it used that year — but only if the State educational agency gives all the funds it receives for those students to the local districts that actually provide them educational services.