Award criteria

When awarding a grant under section 4, the Secretary of Education shall first apply the facility condition priority listing established under such section, and after such priority requirements are applied, the Secretary of Education shall then— (1) first consider those local educational agencies (or, in the case of a local educational agency that does not have the authority to tax or issue bonds, the agency’s fiscal agent) that have limited or no capacity to issue bonds or have a total assessed value of real property that may be taxed for school purposes of less than $50,000,000; (2) next consider those local educational agencies not described in paragraph (1) that— (A) have a total assessed value of real property that may be taxed for school purposes of less than $100,000,000; or (B) have an assessed value of real property that may be taxed for school purposes per student that is less than the average of the assessed value of real property that may be taxed for school purposes per student in the State in which the local educational agency is located; and (3) finally consider— (A) the number and percentages of children described in subparagraphs (A), (B), (C), and (D) of section 7003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)) enrolled in the school facility to be supported with grant funds; (B) the learning opportunity threshold total percentage as described in subparagraph (B)(i) of section 7003(b)(3) of such Act (20 U.S.C. 7703(b)(3)); (C) with respect to local educational agencies eligible for payments under section 7002 of such Act (20 U.S.C. 7702), the percentage of land in the local educational agency that is Federal property; (D) the potential use for community programs and events in the school facility to be supported with grant funds; (E) the feasibility of project completion within 24 months from the grant award; and (F) the availability of other resources for the proposed project including the use of in-kind contributions.