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20 U.S.C. § 6335 — Fiscal requirements
Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance of effort** A local educational agency may receive funds under this part for any fiscal year only if the State educational agency involved finds that the local educational agency has maintained the agency’s fiscal effort in accordance with [section 7901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7901&num=0&edition=prelim).
**(b) Federal funds to supplement, not supplant, non-Federal funds**
(1) **In general** — A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the education of students participating in programs assisted under this part, and not to supplant such funds.
(2) **Compliance** — To demonstrate compliance with paragraph (1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part.
(3) **Special rule** — No local educational agency shall be required to—
(A) identify that an individual cost or service supported under this part is supplemental; or
(B) provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency’s compliance with paragraph (1).
(4) **Prohibition** — Nothing in this section shall be construed to authorize or permit the Secretary to prescribe the specific methodology a local educational agency uses to allocate State and local funds to each school receiving assist
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Source file: Laws/federal/codes/united-states-code/title-20/section-6335-fiscal-requirements--b6be7a62e7.md
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Source location: Title 20, Chapter 70, § 6335; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md
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**(a) Maintenance of effort** A local educational agency may receive funds under this part for any fiscal year only if the State educational agency involved finds that the local educational agency has maintained the agency’s fiscal effort in accordance with [section 7901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7901&num=0&edition=prelim).
**(b) Federal funds to supplement, not supplant, non-Federal funds**
(1) **In general** — A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the education of students participating in programs assisted under this part, and not to supplant such funds.
(2) **Compliance** — To demonstrate compliance with paragraph (1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part.
(3) **Special rule** — No local educational agency shall be required to—
(A) identify that an individual cost or service supported under this part is supplemental; or
(B) provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency’s compliance with paragraph (1).
(4) **Prohibition** — Nothing in this section shall be construed to authorize or permit the Secretary to prescribe the specific methodology a local educational agency uses to allocate State and local funds to each school receiving assistance under this part.
(5) **Timeline** — A local educational agency—
(A) shall meet the compliance requirement under paragraph (2) not later than 2 years after December 10, 2015; and
(B) may demonstrate compliance with the requirement under paragraph (1) before the end of such 2-year period using the method such local educational agency used on the day before December 10, 2015.
**(c) Comparability of services**
(1) **In general**
(A) *Comparable services* — Except as provided in paragraphs (4) and (5), a local educational agency may receive funds under this part only if State and local funds will be used in schools served under this part to provide services that, taken as a whole, are at least comparable to services in schools that are not receiving funds under this part.
(B) *Substantially comparable services* — If the local educational agency is serving all of such agency’s schools under this part, such agency may receive funds under this part only if such agency will use State and local funds to provide services that, taken as a whole, are substantially comparable in each school.
(C) *Basis* — A local educational agency may meet the requirements of subparagraphs (A) and (B) on a grade-span by grade-span basis or a school-by-school basis.
(2) **Written assurance**
(A) *Equivalence* — A local educational agency shall be considered to have met the requirements of paragraph (1) if such agency has filed with the State educational agency a written assurance that such agency has established and implemented—
(i) a local educational agency-wide salary schedule;
(ii) a policy to ensure equivalence among schools in teachers, administrators, and other staff; and
(iii) a policy to ensure equivalence among schools in the provision of curriculum materials and instructional supplies.
(B) *Determinations* — For the purpose of this subsection, in the determination of expenditures per pupil from State and local funds, or instructional salaries per pupil from State and local funds, staff salary differentials for years of employment shall not be included in such determinations.
(C) *Exclusions* — A local educational agency need not include unpredictable changes in student enrollment or personnel assignments that occur after the beginning of a school year in determining comparability of services under this subsection.
(3) **Procedures and records** — Each local educational agency assisted under this part shall—
(A) develop procedures for compliance with this subsection; and
(B) maintain records that are updated biennially documenting such agency’s compliance with this subsection.
(4) **Inapplicability** — This subsection shall not apply to a local educational agency that does not have more than one building for each grade span.
(5) **Compliance** — For the purpose of determining compliance with paragraph (1), a local educational agency may exclude State and local funds expended for—
(A) language instruction educational programs; and
(B) the excess costs of providing services to children with disabilities as determined by the local educational agency.
**(d) Exclusion of funds** For the purpose of complying with subsections (b) and (c), a State educational agency or local educational agency may exclude supplemental State or local funds expended in any school attendance area or school for programs that meet the intent and purposes of this part.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Plans required**
(1) **Subgrants** — A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that—
(A) is developed with timely and meaningful consultation with teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, charter school leaders (in a local educational agency that has charter schools), administrators (including administrators of programs described in other parts of this subchapter), other appropriate school personnel, and with parents of children in schools served under this part; and
(B) as appropriate, is coordinated with other programs under this chapter, the Individuals with Disabilities Education Act ([20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim) et seq.), the Rehabilitation Act of 1973 ([20 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section701&num=0&edition=prelim) et seq.),11 So in original. Probably should be “([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.),”. the Carl D. Perkins Career and Technical Education Act of 2006 ([20 U.S.C. 2301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2301&num=0&edition=prelim) et seq.), the Workforce Innovation and Opportunity Act ([29 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3101&num=0&edition=prelim) et seq.), the Head Start Act ([42 U.S.C. 9831](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9831&num=0&edition=pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6319
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A local educational agency may receive funds under a covered program for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures of the agency and the State with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of subsection (b).
**(b) Reduction in case of failure to meet**
(1) **In general** — The State educational agency shall reduce the amount of the allocation of funds under a covered program in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection (a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to the local agency), if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years.
(2) **Special rule** — No such lesser amount shall be used for computing the effort required under subsection (a) of this section for subsequent years.
**(c) Waiver** The Secretary may waive the requirements of this section if the Secretary determines that a waiver would be equitable due to—
(1) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the local educational agency; or
(2) a precipitous decline in the financial resources of the local educational agency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing for grants**
(1) **In general** — For any State desiring to receive a grant under this part, the State educational agency shall file with the Secretary a plan that is—
(A) developed by the State educational agency with timely and meaningful consultation with the Governor, members of the State legislature and State board of education (if the State has a State board of education), local educational agencies (including those located in rural areas), representatives of Indian tribes located in the State, teachers, principals, other school leaders, charter school leaders (if the State has charter schools), specialized instructional support personnel, paraprofessionals, administrators, other staff, and parents; and
(B) is coordinated with other programs under this chapter, the Individuals with Disabilities Education Act ([20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim) et seq.), the Rehabilitation Act of 1973 ([20 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section701&num=0&edition=prelim) et seq.),11 So in original. Probably should be “([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.),”. the Carl D. Perkins Career and Technical Education Act of 2006 ([20 U.S.C. 2301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2301&num=0&edition=prelim) et seq.), the Workforce Innovation and Opportunity Act ([29 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3101&num=0&edition=prelim) et seq.), the Head Start Act ([42 U.S.C. 9831](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9831&num=0&
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6318
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allocation formula** Of the amount appropriated under [section 6302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6302/a&num=0&edition=prelim) to carry out this part for each of fiscal years 2017–2020 (referred to in this subsection as the current fiscal year)—
(1) an amount equal to the amount made available to carry out [section 6333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6333&num=0&edition=prelim) for fiscal year 2001 shall be allocated in accordance with [section 6333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6333&num=0&edition=prelim);
(2) an amount equal to the amount made available to carry out [section 6334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6334&num=0&edition=prelim) for fiscal year 2001 shall be allocated in accordance with [section 6334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6334&num=0&edition=prelim); and
(3) an amount equal to 100 percent of the amount, if any, by which the total amount made available under this subsection for the current fiscal year for which the determination is made exceeds the total amount available to carry out sections 6333 and 6334 of this title for fiscal year 2001 shall be used to carry out sections 6335 and 6337 of this title and such amount shall be divided equally between sections 6335 and 6337 of this title.
**(b) Adjustments where necessitated by appropriations**
(1) **In general** — If the sums available under this subpart for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive under secti
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6338
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Federal law — U.S. Code and appendices · legal_authorities
Pursuant to [section 6332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6332&num=0&edition=prelim), the total amount allocated in any fiscal year after fiscal year 2001 for programs and activities under this part shall not exceed the amount allocated in fiscal year 2001 for such programs and activities unless the amount available for targeted grants to local educational agencies under [section 6335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6335&num=0&edition=prelim) in the applicable fiscal year meets the requirements of [section 6332(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6332/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6363
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Federal law — U.S. Code and appendices · legal_authorities
Page 1374
TITLE 20—EDUCATION
§ 6335
(2) Determination
For each county or local educational agency
eligible to receive an additional grant under
this section for any fiscal year, the Secretary
shall determine the product of—
(A) the number of children counted under
section 6333(c) of this title for that fiscal
year; and
(B) the amount in section 6333(a)(1)(B) of
this title for each State except the Common-
wealth of Puerto Rico, and the amount in
section 6333(a)(4) of this title for the Com-
monwealth of Puerto Rico.
(3) Amount
The amount of the additional grant for
which an eligible local educational agency or
county is eligible under this section for any
fiscal year shall be an amount which bears the
same ratio to the amount available to carry
out this section for that fiscal year as the
product determined under paragraph (2) for
such local educational agency for that fiscal
year bears to the sum of such products for all
local educational agencies in the United
States for that fiscal year.
(4) Local allocations
(A) Grant amounts under this section shall
be determined in accordance with section
6333(a)(2), (3), and (4) of this title.
(B) For any fiscal year for which the Sec-
retary allocates funds under this section on
the basis of counties, a State may reserve not
more than 2 percent of its allocation under
this section to make grants to local edu-
cational agencies that meet the criteria of
paragraph (1)(A)(i) or (ii) and are in ineligible
counties that do not meet these criteria.
(b) Small States
In any State for which on January 8, 2002, the
number of children counted under section 6333(c)
of this title is less than 0.25 percent of the num-
ber of those children counted for all States, the
State educational agency shall allocate
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 6335
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.