(a) Eligibility for a grant pursuant to this chapter shall be limited to a school district or a consortium of school districts that meets all of the following criteria:
(1) The school district, or the school districts in the consortium, are among the school districts in the state with the highest number or percentage of children from families with an income below the poverty line established by the federal Director of the Office of Management and Budget, as annually revised by the Secretary of Health and Human Services. The Superintendent of Public Instruction shall seek a waiver to allow eligibility for small and rural school districts to be based on income information used for free and reduced cost meals and not on federal census data.
(2) The school district, consortium of school districts, county office of education, or direct-funded charter school meets either of the following criteria:
(A) The school district or consortium of school districts operates one or more schools identified under Section 1116 of the federal No Child Left Behind Act of 2001 (Public Law 107-110).
(B) The school district or consortium of school districts have a substantial need for assistance in acquiring and using technology.
(b) The grant awarded may only be used to serve pupils in grades 4 to 8, inclusive.
(c) For purposes of paragraph (2) of subdivision (a), "direct-funded charter school" means a charter school for which a state warrant is drawn in favor of the county superintendent of schools who has jurisdiction over the local educational agency that granted the school's charter and deposited in the appropriate fund or account of the charter school.
(Amended by Stats. 2004, Ch. 681, Sec. 6.)