20 USC CHAPTER 70, SUBCHAPTER V: FLEXIBILITY AND ACCOUNTABILITY

From Title 20—EDUCATIONCHAPTER 70—STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS

SUBCHAPTER V—FLEXIBILITY AND ACCOUNTABILITY

Editorial Notes

Codification

Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, redesignated subchapter VI (§7301 et seq.) of this chapter as this subchapter.

Title V of the Elementary and Secondary Education Act of 1965, comprising this subchapter, was originally enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, and subsequently revised, restated, and amended by other public laws. Title V is shown, herein, as having been added as title VI of Pub. L. 89–10 by Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1873, without reference to earlier amendments because of the extensive revision of the title's provisions by Pub. L. 107–110. Title VI of Pub. L. 89–10 was subsequently redesignated title V by Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, and transferred to this subchapter. See Codification note preceding section 6301 of this title.

Prior Provisions

A prior title V of the Elementary and Secondary Education Act of 1965, comprising former subchapter V (§7201 et seq.) of this chapter, was originally enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, and subsequently revised, restated, and amended by other public laws. Title V as extensively revised by Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1776, related to promoting informed parental choice and innovative programs, and was set out in former subchapter V of this chapter as having been added by Pub. L. 107–110. Except as provided below, title V of the Act was repealed by Pub. L. 114–95, title IV, §4001(b)(1)(A)–(C), (4), Dec. 10, 2015, 129 Stat. 1967.

A prior part B of title V of the Elementary and Secondary Education Act of 1965, comprising part B (§7221 et seq.) of former subchapter V of this chapter, was redesignated part C of title IV of the Act and transferred to part C (§7221 et seq.) of subchapter IV of this chapter by Pub. L. 114–95, title IV, §4001(b)(2)(A)–(C), Dec. 10, 2015, 129 Stat. 1967.

A prior part C of title V of the Elementary and Secondary Education Act of 1965, comprising part C (§7231 et seq.) of former subchapter V of this chapter, was redesignated part D of title IV of the Act and transferred to part D (§7231 et seq.) of subchapter IV of this chapter by Pub. L. 114–95, §4001(b)(3)(A)–(C), Dec. 10, 2015, 129 Stat. 1967.

Part A—Funding Transferability for State and Local Educational Agencies

Editorial Notes

Codification

Pub. L. 114–95, title V, §5002(1), (2), Dec. 10, 2015, 129 Stat. 2040, substituted "Funding Transferability for State and Local Educational Agencies" for "Improving Academic Achievement" in part heading and struck out subpart 2 designation and heading.

Prior Provisions

Prior subparts 1, 3, and 4 of this part, consisting of sections 7301 to 7301b, 7311 to 7311b, 7315 to 7315c, 7321 to 7321e, and 7325 to 7325c, related to accountability, State and local flexibility demonstration, and State accountability for adequate yearly progress, prior to repeal by Pub. L. 114–95, title V, §5001(b)(1), Dec. 10, 2015, 129 Stat. 2040.

§7305. Short title

This part may be cited as the "State and Local Transferability Act".

(Pub. L. 89–10, title V, §5101, formerly title VI, §6121, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1876; renumbered title V, §5101, and amended Pub. L. 114–95, title V, §§5001(a)(1), 5002(3), Dec. 10, 2015, 129 Stat. 2039, 2040.)

Editorial Notes

Prior Provisions

A prior section 5101 of Pub. L. 89–10 was classified to section 7201 of this title prior to repeal by Pub. L. 114–95.

Another prior section 5101 of Pub. L. 89–10 was classified to section 7201 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

Another prior section 5101 of Pub. L. 89–10 was classified to section 3171 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

Amendments

2015—Pub. L. 114–95, §5002(3), substituted "part" for "subpart".

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§7305a. Purpose

The purpose of this part is to allow States and local educational agencies the flexibility to target Federal funds to the programs and activities that most effectively address the unique needs of States and localities.

(Pub. L. 89–10, title V, §5102, formerly title VI, §6122, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1876; renumbered title V, §5102, and amended Pub. L. 114–95, title V, §§5001(a)(1), 5002(4), Dec. 10, 2015, 129 Stat. 2039, 2040.)

Editorial Notes

Prior Provisions

A prior section 5102 of Pub. L. 89–10 was classified to section 7202 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

Another prior section 5102 of Pub. L. 89–10 was classified to section 3172 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

Amendments

2015—Pub. L. 114–95, §5002(4), amended section generally. Prior to amendment, text read as follows: "The purpose of this subpart is to allow States and local educational agencies the flexibility—

"(1) to target Federal funds to Federal programs that most effectively address the unique needs of States and localities; and

"(2) to transfer Federal funds allocated to other activities to allocations for certain activities authorized under subchapter I of this chapter."

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

§7305b. Transferability of funds

(a) Transfers by States

(1) In general

In accordance with this part, a State may transfer all, or any lesser amount, of State funds (including funds transferred under paragraph (2)) allotted to the State for use for State-level activities under the following provisions for a fiscal year to one or more of the State's allotments for such fiscal year under any other of such provisions:

(A) Part A of subchapter II.

(B) Part A of subchapter IV.

(2) Additional funds

In accordance with this part, a State may transfer any funds allotted to the State under a provision listed in paragraph (1) for a fiscal year to its allotment under any other of the following provisions:

(A) Part A of subchapter I.

(B) Part C of subchapter I.

(D) Part A of subchapter III.

(E) Part B.

(b) Transfers by local educational agencies

(1) Authority to transfer funds

(A) In general

In accordance with this part, a local educational agency may transfer all, or any lesser amount, of the funds allocated to it under each of the provisions listed in paragraph (2) for a fiscal year to one or more of its allocations for such fiscal year under any other provision listed in paragraph (2).

(B) Additional funds

In accordance with this part, a local educational agency may transfer any funds allotted to such agency under a provision listed in paragraph (2) for a fiscal year to its allotment under any other of the following provisions:

(i) Part A of subchapter I.

(ii) Part C of subchapter I.

(iii) Part D of subchapter I.

(iv) Part A of subchapter III.

(v) Part B.

(2) Applicable provisions

A local educational agency may transfer funds under subparagraph (A) or (B) of paragraph (1) from allocations made under each of the following provisions:

(A) Part A of subchapter II.

(B) Part A of subchapter IV.

(c) No transfer of certain funding

A State or local educational agency may not transfer under this part to any other program any funds allotted or allocated to it for the following provisions:

(1) Part A of subchapter I.

(2) Part C of subchapter I.

(3) Part D of subchapter I.

(4) Part A of subchapter III.

(5) Part B.

(d) Modification of plans and applications; notification

(1) State transfers

Each State that makes a transfer of funds under this section shall—

(A) modify, to account for such transfer, each State plan, or application submitted by the State, to which such funds relate;

(B) not later than 30 days after the date of such transfer, submit a copy of such modified plan or application to the Secretary; and

(2) Local transfers

Each local educational agency that makes a transfer of funds under this section shall—

(A) modify, to account for such transfer, each local plan, or application submitted by the agency, to which such funds relate;

(B) not later than 30 days after the date of such transfer, submit a copy of such modified plan or application to the State; and

(e) Applicable rules

(1) In general

Except as otherwise provided in this part, funds transferred under this section are subject to each of the rules and requirements applicable to the funds under the provision to which the transferred funds are transferred.

(2) Consultation

Each State educational agency or local educational agency that transfers funds under this section shall conduct consultations in accordance with section 7881 of this title, if such transfer transfers funds from a program that provides for the participation of students, teachers, or other educational personnel, from private schools.

(Pub. L. 89–10, title V, §5103, formerly title VI, §6123, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1876; renumbered title V, §5103, and amended Pub. L. 114–95, title V, §§5001(a)(1), 5002(3), (5), Dec. 10, 2015, 129 Stat. 2039, 2040.)

Editorial Notes

Prior Provisions

A prior section 5103 of Pub. L. 89–10 was classified to section 7203 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

Another prior section 5103 of Pub. L. 89–10 was classified to section 3173 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

Prior sections 7311 to 7311b, 7315 to 7315c, 7321 to 7321e, and 7325 to 7325c were repealed by Pub. L. 114–95, §5, title V, §5001(b)(1), Dec. 10, 2015, 129 Stat. 1806, 2040, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.

Section 7311, Pub. L. 89–10, title V, §6131, formerly title VI, §6131, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1878; renumbered title V, §6131, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, provided that former subpart 3 of this part could be cited as the "State and Local Flexibility Demonstration Act".

A prior section 7311, Pub. L. 89–10, title VI, §6101, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3708, related to allotment to States, prior to the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.

Section 7311a, Pub. L. 89–10, title V, §6132, formerly title VI, §6132, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1878; renumbered title V, §6132, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, stated the purpose of former subpart 3 of this part.

Section 7311b, Pub. L. 89–10, title V, §6133, formerly title VI, §6133, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1878; renumbered title V, §6133, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, provided that any State that is one local educational agency would be considered a State educational agency and not a local educational agency.

A prior section 7312, Pub. L. 89–10, title VI, §6102, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3708, which related to allocation to local educational agencies, was omitted in the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.

Section 7315, Pub. L. 89–10, title V, §6141, formerly title VI, §6141, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1879; renumbered title V, §6141, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to State flexibility.

Section 7315a, Pub. L. 89–10, title V, §6142, formerly title VI, §6142, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1883; renumbered title V, §6142, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to consolidation and use of funds under a grant of flexibility authority.

Section 7315b, Pub. L. 89–10, title V, §6143, formerly title VI, §6143, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1883; renumbered title V, §6143, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to midterm and final performance reviews and penalties regarding grants of flexibility authority.

Section 7315c, Pub. L. 89–10, title V, §6144, formerly title VI, §6144, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1884; renumbered title V, §6144, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, provided for renewal of grant of flexibility authority.

Section 7321, Pub. L. 89–10, title V, §6151, formerly title VI, §6151, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1884; renumbered title V, §6151, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to local flexibility demonstration agreements.

Section 7321a, Pub. L. 89–10, title V, §6152, formerly title VI, §6152, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1888; renumbered title V, §6152, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to consolidation and use of funds under a local flexibility demonstration agreement.

Section 7321b, Pub. L. 89–10, title V, §6153, formerly title VI, §6153, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1889; renumbered title V, §6153, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to limitations on administrative expenditures.

Section 7321c, Pub. L. 89–10, title V, §6154, formerly title VI, §6154, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1889; renumbered title V, §6154, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to midterm and final performance reviews and penalties regarding local flexibility demonstration agreements.

Section 7321d, Pub. L. 89–10, title V, §6155, formerly title VI, §6155, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1889; renumbered title V, §6155, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, provided for renewal of local flexibility demonstration agreement.

Section 7321e, Pub. L. 89–10, title V, §6156, formerly title VI, §6156, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1890; renumbered title V, §6156, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to transmittal of reports to Congress and limitation on required information.

Section 7325, Pub. L. 89–10, title V, §6161, formerly title VI, §6161, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1890; renumbered title V, §6161, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to accountability for adequate yearly progress.

Section 7325a, Pub. L. 89–10, title V, §6162, formerly title VI, §6162, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1890; renumbered title V, §6162, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to peer review of State progress.

Section 7325b, Pub. L. 89–10, title V, §6163, formerly title VI, §6163, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1890; renumbered title V, §6163, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to provision of technical assistance to States not making adequate yearly progress or meeting annual measurable achievement objectives.

Section 7325c, Pub. L. 89–10, title V, §6164, formerly title VI, §6164, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1891; renumbered title V, §6164, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, required annual reports to Congress.

Prior sections 7331 and 7332 were omitted in the general amendment of former subchapter VI by Pub. L. 107–110.

Section 7331, Pub. L. 89–10, title VI, §6201, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3709; amended Pub. L. 105–278, §2(1), Oct. 22, 1998, 112 Stat. 2682, related to State uses of funds.

Section 7332, Pub. L. 89–10, title VI, §6202, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3710, related to State applications.

Amendments

2015—Subsec. (a)(1). Pub. L. 114–95, §5002(5)(A)(i), substituted "all, or any lesser amount, of State funds" for "not more than 50 percent of the nonadministrative State funds" in introductory provisions, added subpars. (A) to (C), and struck out former subpars. (A) to (D) which read as follows:

"(A) Section 6613(a)(3) of this title.

"(B) Section 6762(a)(1) of this title.

"(C) Subsections (a)(1) (with the agreement of the Governor) and (c)(1) of section 7112 of this title and section 7172(c)(3) of this title.

"(D) Section 7211a(b) of this title."

Pub. L. 114–95, §5002(3), substituted "part" for "subpart" in introductory provisions.

Subsec. (a)(2). Pub. L. 114–95, §5002(5)(A)(ii), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "In accordance with this subpart and subject to the 50 percent limitation described in paragraph (1), a State may transfer any funds allotted to the State under a provision listed in paragraph (1) to its allotment under subchapter I of this chapter."

Subsec. (b)(1)(A). Pub. L. 114–95, §5002(3), (5)(B)(i)(I), substituted "part" for "subpart" and "may transfer all, or any lesser amount, of the funds allocated to it" for "(except a local educational agency identified for improvement under section 6316(c) of this title or subject to corrective action under section 6316(c)(9) of this title) may transfer not more than 50 percent of the funds allocated to it (including funds transferred under subparagraph (C))".

Subsec. (b)(1)(B), (C). Pub. L. 114–95, §5002(5)(B)(i)(II), added subpar. (B) and struck out former subpars. (B) and (C) which permitted transfers of allocated funds for agencies identified for improvement and for additional funds for subchapter I.

Subsec. (b)(2). Pub. L. 114–95, §5002(5)(B)(ii), substituted "subparagraph (A) or (B)" for "subparagraph (A), (B), or (C)" in introductory provisions, added subpars. (A) and (B), and struck out former subpars. (A) to (D) which read as follows:

"(A) Section 6621 of this title.

"(B) Section 6762(a)(2)(A) of this title.

"(C) Section 7112(b)(1) of this title.

"(D) Section 7211a(a) of this title."

Subsec. (c). Pub. L. 114–95, §5002(5)(C), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "A State or a local educational agency may not transfer under this subpart to any other program any funds allotted or allocated to it for part A of subchapter I of this chapter."

Subsec. (e)(1). Pub. L. 114–95, §5002(3), substituted "part" for "subpart".

Subsec. (e)(2). Pub. L. 114–95, §5002(5)(D), made technical amendment to reference in original act which appears in text as reference to section 7881 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Part B—Rural Education Initiative

§7341. Short title

This part may be cited as the "Rural Education Achievement Program".

(Pub. L. 89–10, title V, §5201, formerly title VI, §6201, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1891; renumbered title V, §5201, Pub. L. 114–95, title V, §5001(a)(2), Dec. 10, 2015, 129 Stat. 2039, 2040.)

Editorial Notes

Prior Provisions

A prior section 5201 of Pub. L. 89–10 was renumbered section 4301 and was classified to section 7221 of this title, prior to repeal by Pub. L. 114–95.

Another prior section 5201 of Pub. L. 89–10 was classified to section 7231 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

§7341a. Purpose

It is the purpose of this part to address the unique needs of rural school districts that frequently—

(1) lack the personnel and resources needed to compete effectively for Federal competitive grants; and

(2) receive formula grant allocations in amounts too small to be effective in meeting their intended purposes.

(Pub. L. 89–10, title V, §5202, formerly title VI, §6202, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1891; renumbered title V, §5202, Pub. L. 114–95, title V, §5001(a)(2), Dec. 10, 2015, 129 Stat. 2039, 2040.)

Editorial Notes

Prior Provisions

A prior section 5202 of Pub. L. 89–10 was renumbered section 4302 and was classified to section 7221a of this title, prior to repeal by Pub. L. 114–95.

Another prior section 5202 of Pub. L. 89–10 was classified to section 7232 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

Statutory Notes and Related Subsidiaries

Review Relating to Rural Local Educational Agencies

Pub. L. 114–95, title V, §5005, Dec. 10, 2015, 129 Stat. 2045, provided that:

"(a) Review and Report.—Not later than 18 months after the date of enactment of this Act [Dec. 10, 2015], the Secretary of Education shall—

"(1) review the organization, structure, and process and procedures of the Department of Education for administering its programs and developing policy and regulations, in order to—

"(A) assess the methods and manner through which, and the extent to which, the Department of Education takes into account, considers input from, and addresses the unique needs and characteristics of rural schools and rural local educational agencies; and

"(B) determine actions that the Department of Education can take to meaningfully increase the consideration and participation of rural schools and rural local educational agencies in the development and execution of the processes, procedures, policies, and regulations of the Department of Education;

"(2) make public a preliminary report containing the information described in paragraph (1) and provide Congress and the public with 60 days to comment on the proposed actions described in paragraph (1)(B); and

"(3) issue a final report to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives, which shall describe the final actions developed pursuant to paragraph (1)(B) after taking into account the comments submitted under paragraph (2).

"(b) Implementation.—Not later than 2 years after the date of enactment of this Act [Dec. 10, 2015], the Secretary of Education shall—

"(1) carry out each action described in the report under subsection (a)(3); or

"(2) in a case in which an action is not carried out, provide a written explanation to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives of why the action was not carried out."

subpart 1—small, rural school achievement program

§7345. Use of applicable funding

(a) Alternative uses

(1) In general

Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding that the agency is eligible to receive from the State educational agency for a fiscal year to carry out local activities authorized under any of the following provisions:

(A) Part A of subchapter I.

(B) Part A of subchapter II.

(D) Part A or B of subchapter IV.

(2) Notification

An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1), by a date that is established by the State educational agency for the notification.

(b) Eligibility

(1) In general

A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if—

(A)(i)(I) the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or

(II) each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and

(ii) all of the schools served by the local educational agency are designated with a locale code of 41, 42, or 43, as determined by the Secretary;

(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in subparagraph (A)(ii); or

(C) the local educational agency is a member of an educational service agency that does not receive funds under this subpart and the local educational agency meets the requirements of this part.

(2) Certification

The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State.

(c) Applicable funding defined

In this section, the term "applicable funding" means funds provided under any of the following provisions:

(1) Part A of subchapter II.

(2) Part A of subchapter IV.

(d) Disbursement

Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year.

(e) Applicable rules

Applicable funding under this section shall be available to carry out local activities authorized under subsection (a).

(Pub. L. 89–10, title V, §5211, formerly title VI, §6211, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1891; renumbered title V, §5211, and amended Pub. L. 114–95, title V, §§5001(a)(3), 5003(1), Dec. 10, 2015, 129 Stat. 2039–2041.)

Editorial Notes

Prior Provisions

A prior section 5211 of Pub. L. 89–10 was renumbered section 4311 and was classified to section 7221j of this title, prior to repeal by Pub. L. 114–95.

Amendments

2015—Subsec. (a)(1). Pub. L. 114–95, §5003(1)(A), added subpars. (A) to (D) and struck out former subpars. (A) to (E) which read as follows:

"(A) Part A of subchapter I of this chapter.

"(B) Part A or D of subchapter II of this chapter.

"(C) Subchapter III of this chapter.

"(D) Part A or B of subchapter IV of this chapter.

"(E) Part A of subchapter V of this chapter."

Subsec. (b)(1)(A)(ii). Pub. L. 114–95, §5003(1)(B)(i), struck out "school" before "locale code" and substituted "41, 42, or 43, as determined by the Secretary;" for "7 or 8, as determined by the Secretary; or".

Subsec. (b)(1)(C). Pub. L. 114–95, §5003(1)(B)(ii), (iii), added subpar. (C).

Subsec. (c). Pub. L. 114–95, §5003(1)(C), added pars. (1) and (2) and struck out former pars. (1) to (3) which read as follows:

"(1) Subpart 2 of this part and section 6762(a)(2)(A) of this title.

"(2) Section 7114 of this title.

"(3) Part A of subchapter V of this chapter."

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

§7345a. Grant program authorized

(a) In general

The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to carry out activities authorized under any of the following provisions:

(1) Part A of subchapter I.

(2) Part A of subchapter II.

(3) Subchapter III.

(4) Part A or B of subchapter IV.

(b) Allocation

(1) Allocation

(A) In general

Except as provided in paragraphs (3) and (4), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 7345(b) of this title for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 7345(c) of this title for the preceding fiscal year.

(B) Special determination

For a local educational agency that is eligible under section 7345(b)(1)(C) of this title and is a member of an educational service agency, the Secretary may determine the award amount by subtracting from the initial amount determined under paragraph (2), an amount that is equal to that local educational agency's per-pupil share of the total amount received by the educational service agency under the provisions described in section 7345(c) of this title, as long as a determination under this subparagraph would not disproportionately affect any State.

(2) Determination of initial amount

(A) In general

The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000.

(B) Special rule

For any fiscal year for which the amount made available to carry out this part is $265,000,000 or more, subparagraph (A) shall be applied—

(i) by substituting "$25,000" for "$20,000"; and

(ii) by substituting "$80,000" for "$60,000".

(3) Ratable adjustment

(A) In general

If the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year.

(B) Additional amounts

If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced.

(4) Hold harmless

For a local educational agency that is not eligible under this subpart due to amendments made by the Every Student Succeeds Act to section 7345(b)(1)(A)(ii) of this title but met the eligibility requirements under section 7345(b) of this title as such section was in effect on the day before December 10, 2015, the agency shall receive—

(A) for fiscal year 2017, 75 percent of the amount such agency received for fiscal year 2015;

(B) for fiscal year 2018, 50 percent of the amount such agency received for fiscal year 2015; and

(c) Disbursement

The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that fiscal year.

(Pub. L. 89–10, title V, §5212, formerly title VI, §6212, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1892; renumbered title V, §5212, and amended Pub. L. 114–95, title V, §§5001(a)(3), 5003(2), Dec. 10, 2015, 129 Stat. 2039, 2040, 2042.)

Editorial Notes

References in Text

Amendments made by the Every Student Succeeds Act to section 7345(b)(1)(A)(ii) of this title, referred to in subsec. (b)(4), mean the amendments made to section 7345(b)(1)(A)(ii) of this title by Pub. L. 114–95, title V, §5003(1)(B)(i), Dec. 10, 2015, 129 Stat. 2041. See 2015 Amendment note under section 7345 of this title.

Section 7345(b) of this title as such section was in effect on the day before December 10, 2015, referred to in subsec. (b)(4), means section 7345(b) of this title prior to amendment by Pub. L. 114–95, title V, §§5001(a)(3), 5003(1)(B), Dec. 10, 2015, 129 Stat. 2039–2041.

Amendments

2015—Subsec. (a). Pub. L. 114–95, §5003(2)(A), added pars. (1) to (4) and struck out former pars. (1) to (5) which read as follows:

"(1) Part A of subchapter I of this chapter.

"(2) Part A or D of subchapter II of this chapter.

"(3) Subchapter III of this chapter.

"(4) Part A or B of subchapter IV of this chapter.

"(5) Part A of subchapter V of this chapter."

Subsec. (b)(1). Pub. L. 114–95, §5003(2)(B)(i), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) of this section to a local educational agency eligible under section 7345(b) of this title for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 7345(c) of this title for the preceding fiscal year."

Subsec. (b)(2). Pub. L. 114–95, §5003(2)(B)(ii), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000."

Subsec. (b)(4). Pub. L. 114–95, §5003(2)(B)(iii), added par. (4).

Subsec. (d). Pub. L. 114–95, §5003(2)(C), struck out subsec. (d). Text read as follows: "A local educational agency that is eligible to receive a grant under this subpart for a fiscal year is not eligible to receive funds for such fiscal year under subpart 2 of this part."

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

§7345b. Repealed. Pub. L. 114–95, title V, §5003(3), Dec. 10, 2015, 129 Stat. 2043

Section, Pub. L. 89–10, title V, §5213, formerly title VI, §6213, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1893; renumbered title V, §5213, Pub. L. 114–95, title V, §5001(a)(3), Dec. 10, 2015, 129 Stat. 2039, 2040, related to accountability for educational agencies receiving funds.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.

subpart 2—rural and low-income school program

§7351. Program authorized

(a) Grants to States

(1) In general

From amounts appropriated under section 7355c of this title for this subpart for a fiscal year that are not reserved under subsection (c), the Secretary shall award grants (from allotments made under paragraph (2)) for the fiscal year to State educational agencies that have applications submitted under section 7351b of this title approved to enable the State educational agencies to award grants to eligible local educational agencies for local authorized activities described in section 7351a(a) of this title.

(2) Allotment

From amounts described in paragraph (1) for a fiscal year, the Secretary shall allot to each State educational agency for that fiscal year an amount that bears the same ratio to those amounts as the number of students in average daily attendance served by eligible local educational agencies in the State for that fiscal year bears to the number of all such students served by eligible local educational agencies in all States for that fiscal year.

(3) Specially qualified agencies

(A) Eligibility and application

If a State educational agency elects not to participate in the program under this subpart or does not have an application submitted under section 7351b of this title approved, a specially qualified agency in such State desiring a grant under this subpart may submit an application under such section directly to the Secretary to receive an award under this subpart.

(B) Direct awards

The Secretary may award, on a competitive basis or by formula, the amount the State educational agency is eligible to receive under paragraph (2) directly to a specially qualified agency in the State that has submitted an application in accordance with subparagraph (A) and obtained approval of the application.

(C) Specially qualified agency defined

In this subpart, the term "specially qualified agency" means an eligible local educational agency served by a State educational agency that does not participate in a program under this subpart in a fiscal year, that may apply directly to the Secretary for a grant in such year under this subsection.

(b) Local awards

(1) Eligibility

A local educational agency shall be eligible to receive a grant under this subpart if—

(A)(i) 20 percent or more of the children ages 5 through 17 years served by the local educational agency are from families with incomes below the poverty line; and

(ii) all of the schools served by the agency are designated with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; or

(B) the agency meets the criteria established in clause (i) of subparagraph (A) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in clause (ii) of such subparagraph.

(2) Certification

(3) Award basis

A State educational agency shall award grants to eligible local educational agencies—

(A) on a competitive basis;

(B) according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools in the State; or

(C) according to an alternative formula, if, prior to awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency to allot the grant funds in a manner that serves equal or greater concentrations of children from families with incomes below the poverty line, relative to the concentrations that would be served if the State educational agency used the formula described in subparagraph (B).

(c) Reservations

From amounts appropriated under section 7355c of this title for this subpart for a fiscal year, the Secretary shall reserve—

(1) one-half of 1 percent to make awards to elementary schools or secondary schools operated or supported by the Bureau of Indian Education, to carry out the activities authorized under this subpart; and

(2) one-half of 1 percent to make awards to the outlying areas in accordance with their respective needs, to carry out the activities authorized under this subpart.

(Pub. L. 89–10, title V, §5221, formerly title VI, §6221, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1894; renumbered title V, §5221, and amended Pub. L. 114–95, title V, §§5001(a)(4), (b)(3), (4), 5003(4), Dec. 10, 2015, 129 Stat. 2039, 2040, 2043.)

Editorial Notes

Prior Provisions

A prior section 7351, Pub. L. 89–10, title VI, §6301, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3711; amended Pub. L. 105–278, §2(2), Oct. 22, 1998, 112 Stat. 2682, related to targeted use of funds for local innovative education programs, prior to the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.

A prior section 5221 of Pub. L. 89–10 was classified to section 7223 of this title, prior to repeal by Pub. L. 114–95.

Amendments

2015—Subsec. (a)(1), (3)(A). Pub. L. 114–95, §§5001(b)(3), (4), 5003(4)(A), made technical amendments to references in original act which appear in text as references to sections 7355c, 7351b, and 7351a(a) of this title.

Subsec. (b)(1)(A). Pub. L. 114–95, §5003(4)(B)(i)(I), (II), designated existing provisions as cl. (i) and redesignated subpar. (B) as cl. (ii).

Subsec. (b)(1)(A)(ii). Pub. L. 114–95, §5003(4)(B)(i)(III)(aa), (bb), struck out "school" before "locale code" and substituted "32, 33, 41, 42, or 43" for "6, 7, or 8".

Subsec. (b)(1)(B). Pub. L. 114–95, §5003(4)(B)(i)(III)(cc), (IV), added subpar. (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).

Subsec. (b)(2), (3). Pub. L. 114–95, §5003(4)(B)(ii), (iii), added par. (2) and redesignated former par. (2) as (3).

Subsec. (c). Pub. L. 114–95, §5001(b)(4), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7355c of this title.

Subsec. (c)(1). Pub. L. 114–95, §5003(4)(C), substituted "Bureau of Indian Education" for "Bureau of Indian Affairs".

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Rural and Low-Income School Program Adjustments

Pub. L. 116–260, div. H, title III, §316, Dec. 27, 2020, 134 Stat. 1610, provided that:

"(a) Hold Harmless.—For the purpose of making awards under section 5221 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351) for a fiscal year during the period described in subsection (c), the Secretary of Education and each State educational agency shall treat as eligible to receive a grant under such section—

"(1) any local educational agency that meets the eligibility requirements described in section 5221(b)(1) of such Act [20 U.S.C. 7351(b)(1)] for such fiscal year, in accordance with subsection (d); and

"(2) notwithstanding such section 5221(b)(1), any local educational agency that does not meet the eligibility requirements described in such section for such fiscal year if—

"(A) the local educational agency received a grant under section 5221 of such Act for fiscal year 2019;

"(B) for fiscal year 2019, less than 20 percent of the children ages 5 through 17 years served by the local educational agency were from families with incomes below the poverty line, as determined by data from the Small Area Income and Poverty Estimates of the Bureau of the Census;

"(C) the award for fiscal year 2019 was based on alternative poverty data submitted by the State to the Secretary despite data being available from the Small Area Income and Poverty Estimates of the Bureau of the Census; and

"(D) the local educational agency meets the eligibility criteria described in section 5221(b)(1)(A)(ii) of such Act [20 U.S.C. 7351(b)(1)(A)(ii)], or has obtained a waiver under section 5221(b)(2) of such Act [20 U.S.C. 7351(b)(2)], for the fiscal year for which the eligibility determination is being made.

"(b) Limitations.—

"(1) Limits on local educational agency awards.—For the purposes of making an award under section 5221(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351(b)) to local educational agencies described in subsection (a)(2) for a fiscal year during the period described in subsection (c), a State educational agency shall provide an award to each such local educational agency for such fiscal year that is not larger than—

"(A) for fiscal year 2021, 100 percent of the amount such local educational agency received for fiscal year 2019;

"(B) for fiscal year 2022, 100 percent of the amount such local educational agency received for fiscal year 2019;

"(C) for fiscal year 2023, 83.33 percent of the amount such local educational agency received for fiscal year 2019;

"(D) for fiscal year 2024, 66.67 percent of the amount such local educational agency received for fiscal year 2019;

"(E) for fiscal year 2025, 50 percent of the amount such local educational agency received for fiscal year 2019;

"(F) for fiscal year 2026, 33.33 percent of the amount such local educational agency received for fiscal year 2019; and

"(G) for fiscal year 2027, 16.67 percent of the amount such local educational agency received for fiscal year 2019.

"(2) Adjustments to state allocations.—In determining grant amounts for each State educational agency under section 5221(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351(a)(2)) for each fiscal year during the period described in subsection (c), the Secretary of Education shall reduce the amount that the State educational agency would otherwise receive by the combined amount of any reductions in grant awards required under paragraph (1) for such year for the local educational agencies described in subsection (a)(2) that are served by the State educational agency.

"(c) Applicability.—Subsections (a) and (b) shall be in effect during the period—

"(1) beginning on the first day of the fiscal year in which this Act [div. H of Pub. L. 116–260, see Tables for classification] is enacted; and

"(2) ending on the earlier of—

"(A) September 30, 2027; or

"(B) the last day of the fiscal year in which an Act that reauthorizes the rural and low-income school program under subpart 2 of part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351 et seq.) is enacted.

"(d) Use of Data Measures.—Except as provided in subsection (a)(2), for the purpose of making awards under section 5221 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351) for any fiscal year—

"(1) if data are available from the Small Area Income and Poverty Estimates of the Bureau of the Census to determine a local educational agency's enrollment of children from families with incomes below the poverty line as described in section 5221(b)(1)(A)(i) of such Act [20 U.S.C. 7351(b)(1)(A)(i)], the Secretary of Education and each State educational agency shall not use alternative poverty data in determining such local educational agency's eligibility under such section; and

"(2) if data are not available from the Small Area Income and Poverty Estimates of the Bureau of the Census to determine a local educational agency's enrollment of children from families with incomes below the poverty line as described in such section 5221(b)(1)(A)(i), the Secretary and the State educational agency shall determine such local educational agency's eligibility under such section using the same State-derived poverty data used to determine local educational agency allocations under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.)."

§7351a. Uses of funds

(a) Local awards

Grant funds awarded to local educational agencies under this subpart shall be used for any of the following:

(1) Activities authorized under part A of subchapter I.

(2) Activities authorized under part A of subchapter II.

(3) Activities authorized under subchapter III.

(4) Activities authorized under part A of subchapter IV.

(5) Parental involvement activities.

(b) Administrative costs

A State educational agency receiving a grant under this subpart may not use more than 5 percent of the amount of the grant for State administrative costs and to provide technical assistance to eligible local educational agencies.

(Pub. L. 89–10, title V, §5222, formerly title VI, §6222, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1895; renumbered title V, §5222, and amended Pub. L. 114–95, title V, §§5001(a)(4), 5003(5), Dec. 10, 2015, 129 Stat. 2039, 2040, 2043.)

Editorial Notes

Prior Provisions

A prior section 5222 of Pub. L. 89–10 was classified to section 7223a of this title, prior to repeal by Pub. L. 114–95.

Amendments

2015—Subsec. (a). Pub. L. 114–95, §5003(5), added pars. (1) to (5) and struck out former pars. (1) to (7) which set out various approved uses for grant funds.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

§7351b. Applications

(a) In general

Each State educational agency or specially qualified agency desiring to receive a grant under this subpart shall submit an application to the Secretary at such time and in such manner as the Secretary may require.

(b) Contents

Each application submitted under subsection (a) shall include information on—

(1) program objectives and outcomes for activities under this subpart, including how the State educational agency or specially qualified agency will use funds to help all students meet the challenging State academic standards;

(2) if the State educational agency will competitively award grants to eligible local educational agencies, as described in section 7351(b)(3)(A) of this title, the application under the section shall include—

(A) the methods and criteria the State educational agency will use to review applications and award funds to local educational agencies on a competitive basis; and

(B) how the State educational agency will notify eligible local educational agencies of the grant competition; and

(3) a description of how the State educational agency will provide technical assistance to eligible local educational agencies to help such agencies implement the activities described in section 7351a of this title.

(Pub. L. 89–10, title V, §5223, formerly title VI, §6223, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1895; renumbered title V, §5223, and amended Pub. L. 114–95, title V, §§5001(a)(4), 5003(6), Dec. 10, 2015, 129 Stat. 2039, 2040, 2044.)

Editorial Notes

Prior Provisions

A prior section 5223 of Pub. L. 89–10 was classified to section 7223b of this title, prior to repeal by Pub. L. 114–95.

Amendments

2015—Subsec. (a). Pub. L. 114–95, §5003(6)(A), substituted "at such time and in such manner" for "at such time, in such manner, and accompanied by such information".

Subsec. (b). Pub. L. 114–95, §5003(6)(B), added subsec. (b) and struck out former subsec. (b) which described required contents for applications submitted under subsec. (a).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

§7351c. Report

Each State educational agency or specially qualified agency that receives a grant under this subpart shall prepare and submit an annual report to the Secretary. The report shall describe—

(1) if the report is submitted by a State educational agency, the method the State educational agency used to award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart;

(2) how local educational agencies and schools used funds provided under this subpart; and

(3) the degree to which progress has been made toward meeting the objectives and outcomes described in the application submitted under section 7351b of this title, including having all students in the State or the area served by the specially qualified agency, as applicable, meet the challenging State academic standards.

(Pub. L. 89–10, title V, §5224, formerly title VI, §6224, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1896; renumbered title V, §5224, and amended Pub. L. 114–95, title V, §§5001(a)(4), 5003(7), Dec. 10, 2015, 129 Stat. 2039, 2040, 2044.)

Editorial Notes

Prior Provisions

A prior section 5224 of Pub. L. 89–10 was classified to section 7223c of this title, prior to repeal by Pub. L. 114–95.

Amendments

2015—Pub. L. 114–95, §5003(7)(C), inserted "or specially qualified agency" after "Each State educational agency" in introductory provisions.

Pub. L. 114–95, §5003(7)(A), (B), substituted "Report" for "Accountability" in section catchline, struck out subsec. (a) designation and heading before "Each State", and struck out subsecs. (b) to (e) which related to specially qualified agency report, biennial reports to Congress, academic achievement assessment, and determination regarding continuing participation, respectively.

Par. (1). Pub. L. 114–95, §5003(7)(D), added par. (1) and struck out former par. (1) which read as follows: "the method the State educational agency used to award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart;".

Par. (3). Pub. L. 114–95, §5003(7)(E), added par. (3) and struck out former par. (3) which read as follows: "the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 7351b of this title."

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

§7351d. Choice of participation

(a) In general

If a local educational agency is eligible for funding under both this subpart and subpart 1, such local educational agency may receive funds under either this subpart or subpart 1 for a fiscal year, but may not receive funds under both subparts for such fiscal year.

(b) Notification

A local educational agency eligible for funding under both this subpart and subpart 1 shall notify the Secretary and the State educational agency under which of such subparts the local educational agency intends to receive funds for a fiscal year by a date that is established by the Secretary for the notification.

(Pub. L. 89–10, title V, §5225, as added Pub. L. 114–95, title V, §5003(8), Dec. 10, 2015, 129 Stat. 2044.)

Editorial Notes

Prior Provisions

A prior section 5225 of Pub. L. 89–10 was classified to section 7223d of this title, prior to repeal by Pub. L. 114–95.

Prior sections 7352 and 7353 were omitted in the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.

Section 7352, Pub. L. 89–10, title VI, §6302, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3711, related to administrative authority.

Section 7353, Pub. L. 89–10, title VI, §6303, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3711, related to local applications for allocations of funds.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.

subpart 3—general provisions

§7355. Annual average daily attendance determination

(a) Census determination

Each local educational agency desiring a grant under section 7345a of this title and each local educational agency or specially qualified agency desiring a grant under subpart 2 of this part shall—

(1) not later than December 1 of each year, conduct a census to determine the number of students in average daily attendance in kindergarten through grade 12 at the schools served by the agency; and

(2) not later than March 1 of each year, submit the number described in paragraph (1) to the Secretary (and to the State educational agency, in the case of a local educational agency seeking a grant under subpart (2)).¹

(b) Penalty

If the Secretary determines that a local educational agency or specially qualified agency has knowingly submitted false information under subsection (a) for the purpose of gaining additional funds under section 7345a of this title or subpart 2 of this part, then the agency shall be fined an amount equal to twice the difference between the amount the agency received under this section and the correct amount the agency would have received under section 7345a of this title or subpart 2 of this part if the agency had submitted accurate information under subsection (a).

(Pub. L. 89–10, title V, §5231, formerly title VI, §6231, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1897; renumbered title V, §5231, and amended Pub. L. 114–95, title V, §5001(a)(5), (b)(2), Dec. 10, 2015, 129 Stat. 2039, 2040.)

Editorial Notes

Prior Provisions

A prior section 5231 of Pub. L. 89–10 was classified to section 7223j of this title, prior to repeal by Pub. L. 114–95.

Amendments

2015—Pub. L. 114–95, §5001(b)(2), made technical amendment to references in original act which appear in text as references to section 7345a of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

¹ So in original. Probably should be "subpart 2)."

§7355a. Supplement, not supplant

Funds made available under subpart 1 or subpart 2 of this part shall be used to supplement, and not supplant, any other Federal, State, or local education funds.

(Pub. L. 89–10, title V, §5232, formerly title VI, §6232, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1897; renumbered title V, §5232, Pub. L. 114–95, title V, §5001(a)(5), Dec. 10, 2015, 129 Stat. 2039, 2040.)

§7355b. Rule of construction

Nothing in this part shall be construed to prohibit a local educational agency that enters into cooperative arrangements with other local educational agencies for the provision of special, compensatory, or other education services, pursuant to State law or a written agreement, from entering into similar arrangements for the use, or the coordination of the use, of the funds made available under this part.

(Pub. L. 89–10, title V, §5233, formerly title VI, §6233, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1897; renumbered title V, §5233, Pub. L. 114–95, title V, §5001(a)(5), Dec. 10, 2015, 129 Stat. 2039, 2040.)

§7355c. Authorization of appropriations

There are authorized to be appropriated to carry out this part $169,840,000 for each of the fiscal years 2017 through 2020, to be distributed equally between subparts 1 and 2 of this part.

(Pub. L. 89–10, title V, §5234, formerly title VI, §6234, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1897; renumbered title V, §5234, and amended Pub. L. 114–95, title V, §§5001(a)(5), 5003(9), Dec. 10, 2015, 129 Stat. 2039, 2040, 2045.)

Editorial Notes

Amendments

2015—Pub. L. 114–95, §5003(9), substituted "$169,840,000 for each of the fiscal years 2017 through 2020," for "$300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years,".

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Part C—General Provisions

§7371. Prohibition against Federal mandates, direction, or control

Nothing in this subchapter shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school's specific instructional content, academic standards and assessments, curriculum, or program of instruction, as a condition of eligibility to receive funds under this chapter.

(Pub. L. 89–10, title V, §5301, as added Pub. L. 114–95, title V, §5004, Dec. 10, 2015, 129 Stat. 2045.)

Editorial Notes

Prior Provisions

A prior section 7371, Pub. L. 89–10, title V, §6301, formerly title VI, §6301, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1897; renumbered title V, §6301, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to prohibition against Federal mandates, direction, or control, prior to the general amendment of this part by Pub. L. 114–95.

Another prior section 7371, Pub. L. 89–10, title VI, §6401, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3712, related to maintenance of effort and supplementary nature of Federal funds, prior to the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.

A prior section 5301 of Pub. L. 89–10 was renumbered section 4401 and is classified to section 7231 of this title.

Another prior section 5301 of Pub. L. 89–10 was classified to section 7261 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

Statutory Notes and Related Subsidiaries

Effective Date

§7372. Rule of construction on equalized spending

Nothing in this subchapter shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school.

(Pub. L. 89–10, title V, §5302, as added Pub. L. 114–95, title V, §5004, Dec. 10, 2015, 129 Stat. 2045.)

Editorial Notes

Prior Provisions

A prior section 7372, Pub. L. 89–10, title V, §6302, formerly title VI, §6302, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1898; renumbered title V, §6302, Pub. L. 114–95, title V, §5001(a), Dec. 10, 2015, 129 Stat. 2039, related to rule of construction on equalized spending, prior to the general amendment of this part by Pub. L. 114–95.

Another prior section 7372, Pub. L. 89–10, title VI, §6402, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3713, related to participation of children enrolled in private schools, prior to the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.

A prior section 5302 of Pub. L. 89–10 was renumbered section 4402 and is classified to section 7231a of this title.

Another prior section 5302 of Pub. L. 89–10 was classified to section 7262 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110.

A prior section 7373, Pub. L. 89–10, title VI, §6403, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3715, which related to Federal administration, was omitted in the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.