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20 U.S.C. § 6320 — Eligible school attendance areas

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20 U.S.C. § 6320 — Eligible school attendance areas

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Source location: Title 20, Chapter 70, § 6320; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md

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**(a) Determination** (1) **In general** — A local educational agency shall use funds received under this part only in eligible school attendance areas. (2) **Eligible school attendance areas** — For the purposes of this part— (A) the term “school attendance area” means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and (B) the term “eligible school attendance area” means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole. (3) **Ranking order** (A) *Ranking* — Except as provided in subparagraph (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall— (i) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and (ii) serve such eligible school attendance areas in rank order. (B) *Exception* — A local educational agency may lower the threshold in subparagraph (A)(i) to 50 percent for high schools served by such agency. (4) **Remaining funds** — If funds remain after serving all eligible school attendance areas under paragraph (3), a local educational agency shall— (A) annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and (B) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole. (5) **Measures** (A) *In general* — Except as provided in subparagraph (B), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ([42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.), the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act [[42 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq.], or the number of children eligible to receive medical assistance under the Medicaid Program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— (i) to identify eligible school attendance areas; (ii) to determine the ranking of each area; and (iii) to determine allocations under subsection (c). (B) *Secondary schools* — For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be— (i) the measure described under subparagraph (A); or (ii) subject to meeting the conditions of subparagraph (C), an accurate estimate of the number of students in low-income families in a secondary school that is calculated by applying the average percentage of students in low-income families of the elementary school attendance areas as calculated under subparagraph (A) that feed into the secondary school to the number of students enrolled in such school. (C) *Measure of poverty* — The local educational agency shall have the option to use the measure of poverty described in subparagraph (B)(ii) after— (i) conducting outreach to secondary schools within such agency to inform such schools of the option to use such measure; and (ii) a majority of such schools have approved the use of such measure. (6) **Exception** — This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. (7) **Waiver for desegregation plans** — The Secretary may approve a local educational agency’s written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if— (A) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and (B) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part. **(b) Local educational agency discretion** (1) **In general** — Notwithstanding subsection (a)(2), a local educational agency may— (A) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families; (B) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency; (C) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and (D) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if— (i) the school meets the comparability requirements of [section 6321(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6321/c&num=0&edition=prelim); (ii) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of section 6314 or 6315 of this title; and (iii) the funds expended from such other sources equal or exceed the amount that would be provided under this part. (2) **Special rule** — Notwithstanding paragraph (1)(D), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A). **(c) Allocations** (1) **In general** — A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsections (a) and (b), in rank order, on the basis of the total number of children from low-income families in each area or school. (2) **Special rule** (A) *In general* — Except as provided in subparagraph (B), the per-pupil amount of funds allocated to each school attendance area or school under paragraph (1) shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under [section 6312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6312&num=0&edition=prelim), except that this paragraph shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater. (B) *Exception* — A local educational agency may reduce the amount of funds allocated under subparagraph (A) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of section 6314 or 6315 of this title. (3) **Reservation of funds** (A) *In general* — A local educational agency shall reserve such funds as are necessary under this part, determined in accordance with subparagraphs (B) and (C), to provide services comparable to those provided to children in schools funded under this part to serve— (i) homeless children and youths, including providing educationally related support services to children in shelters and other locations where children may live; (ii) children in local institutions for neglected children; and (iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs. (B) *Method of determination* — The share of funds determined under subparagraph (A) shall be determined— (i) based on the total allocation received by the local educational agency; and (ii) prior to any allowable expenditures or transfers by the local educational agency. (C) *Homeless children and youths* — Funds reserved under subparagraph (A)(i) may be— (i) determined based on a needs assessment of homeless children and youths in the local educational agency, taking into consideration the number and needs of homeless children and youths in the local educational agency, and which needs assessment may be the same needs assessment as conducted under [section 11433(b)(1) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11433/b/1&num=0&edition=prelim); and (ii) used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing— (I) funding for the liaison designated pursuant to [section 11432(g)(1)(J)(ii) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11432/g/1/J/ii&num=0&edition=prelim); and (II) transportation pursuant to section 11432(g)(1)(J)(iii) of such title. (4) **Financial incentives and rewards reservation** — A local educational agency may reserve such funds as are necessary from those funds received by the local educational agency under subchapter II, and not more than 5 percent of those funds received by the local educational agency under subpart 2 of this part, to provide financial incentives and rewards to teachers who serve in schools eligible under this section and identified for comprehensive support and improvement activities or targeted support and improvement activities under [section 6311(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6311/d&num=0&edition=prelim) for the purpose of attracting and retaining qualified and effective teachers. (5) **Early childhood education** — A local educational agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible children.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6312 — Authorization of appropriations

**(a) Local educational agency grants** There are authorized to be appropriated to carry out the activities described in part A— (1) $15,012,317,605 for fiscal year 2017; (2) $15,457,459,042 for fiscal year 2018; (3) $15,897,371,442 for fiscal year 2019; and (4) $16,182,344,591 for fiscal year 2020. **(b) State assessments** There are authorized to be appropriated to carry out the activities described in part B, $378,000,000 for each of fiscal years 2017 through 2020. **(c) Education of migratory children** There are authorized to be appropriated to carry out the activities described in part C, $374,751,000 for each of fiscal years 2017 through 2020. **(d) Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk** There are authorized to be appropriated to carry out the activities described in part D, $47,614,000 for each of fiscal years 2017 through 2020. **(e) Federal activities** For the purpose of carrying out evaluation activities related to subchapter I under [section 7981 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7981&num=0&edition=prelim), there are authorized to be appropriated $710,000 for each of fiscal years 2017 through 2020. **(f) Sense of Congress regarding adjustments to authorizations of appropriations provided in this chapter for future budget agreements** It is the sense of Congress that if legislation is enacted that revises the limits on discretionary spending established under [section 901(c) of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901/c&num=0&edition=prelim), the levels of appropriations authorized throughout this chapter should be adjusted in a manner that is consistent with the adjustments in nonse

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6312

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(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.

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42 U.S.C. § 601 — Purpose

**(a) In general** The purpose of this part is to increase the flexibility of States in operating a program designed to— (1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; (2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and (4) encourage the formation and maintenance of two-parent families. **(b) No individual entitlement** This part shall not be interpreted to entitle any individual or family to assistance under any State program funded under this part.

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42 U.S.C. § 1751 — Congressional declaration of policy

It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.

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42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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20 U.S.C. § 3401 — Congressional findings

The Congress finds that— (1) education is fundamental to the development of individual citizens and the progress of the Nation; (2) there is a continuing need to ensure equal access for all Americans to educational opportunities of a high quality, and such educational opportunities should not be denied because of race, creed, color, national origin, or sex; (3) parents have the primary responsibility for the education of their children, and States, localities, and private institutions have the primary responsibility for supporting that parental role; (4) in our Federal system, the primary public responsibility for education is reserved respectively to the States and the local school systems and other instrumentalities of the States; (5) the American people benefit from a diversity of educational settings, including public and private schools, libraries, museums and other institutions, the workplace, the community, and the home; (6) the importance of education is increasing as new technologies and alternative approaches to traditional education are considered, as society becomes more complex, and as equal opportunities in education and employment are promoted; (7) there is a need for improvement in the management and coordination of Federal education programs to support more effectively State, local, and private institutions, students, and parents in carrying out their educational responsibilities; (8) the dispersion of education programs across a large number of Federal agencies has led to fragmented, duplicative, and often inconsistent Federal policies relating to education; (9) Presidential and public consideration of issues relating to Federal education programs is hindered by the present organizational position of education programs in the executive branch

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20 U.S.C. § 6319 — Local educational agency plans

**(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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20 U.S.C. § 6336 — Coordination requirements

**(a) In general** Each local educational agency receiving assistance under this part shall carry out the activities described in subsection (b) with Head Start agencies and, if feasible, other entities carrying out early childhood development programs. Each local educational agency shall develop agreements with such Head Start agencies and other entities to carry out such activities. **(b) Activities** The activities referred to in subsection (a) are activities that increase coordination between the local educational agency and a Head Start agency and, if feasible, other entities carrying out early childhood education programs serving children who will attend the schools of the local educational agency, including— (1) developing and implementing a systematic procedure for receiving records regarding such children, transferred with parental consent from a Head Start program or, where applicable, another early childhood education program; (2) establishing channels of communication between school staff and their counterparts (including teachers, social workers, and health staff) in such Head Start agencies or other entities carrying out early childhood education programs, as appropriate, to facilitate coordination of programs; (3) conducting meetings involving parents, kindergarten or elementary school teachers, and Head Start teachers or, if appropriate, teachers from other early childhood education programs, to discuss the developmental and other needs of individual children; (4) organizing and participating in joint transition-related training of school staff, Head Start program staff, and, where appropriate, other early childhood education program staff; and (5) linking the educational services provided by such local educational agency with the services provided

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7881 — Participation by private school children and teachers

**(a) Private school participation** (1) **In general** — Except as otherwise provided in this chapter, to the extent consistent with the number of eligible children in areas served by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a program specified in subsection (b), who are enrolled in private elementary schools and secondary schools in areas served by such agency, consortium, or entity, the agency, consortium, or entity shall, after timely and meaningful consultation with appropriate private school officials provide to those children and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits that address their needs under the program. (2) **Secular, neutral, and nonideological services or benefits** — Educational services or other benefits, including materials and equipment, provided under this section, shall be secular, neutral, and nonideological. (3) **Special rule** (A) *In general* — Educational services and other benefits provided under this section for private school children, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational personnel participating in the program and shall be provided in a timely manner. (B) *Ombudsman* — To help ensure equitable services are provided to private school children, teachers, and other educational personnel under this section, the State educational agency involved shall direct the ombudsman designated by the agency under [section 6320 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section63

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7881

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6320 — Participation of children enrolled in pri-

Page 1363 TITLE 20—EDUCATION § 6320 Subsec. (d)(1). Pub. L. 114–95, § 1010(5)(B), substituted ‘‘the challenging State academic standards’’ for ‘‘the State’s student academic achievement standards’’ and struck out ‘‘, such as monitoring attendance, home- work completion, and television watching’’ after ‘‘chil- dren’s learning’’. Subsec. (d)(2)(D). Pub. L. 114–95, § 1010(5)(C), added subpar. (D). Subsec. (e)(1). Pub. L. 114–95, § 1010(6)(A), substituted ‘‘the challenging State academic standards’’ for ‘‘the State’s academic content standards and State student academic achievement standards’’. Subsec. (e)(2). Pub. L. 114–95, § 1010(6)(B), inserted ‘‘(including education about the harms of copyright pi- racy)’’ after ‘‘technology’’. Subsec. (e)(3). Pub. L. 114–95, § 1010(6)(C), substituted ‘‘specialized instructional support personnel, prin- cipals, and other school leaders’’ for ‘‘pupil services personnel, principals’’. Subsec. (e)(4). Pub. L. 114–95, § 1010(6)(D), substituted ‘‘other Federal, State, and local programs, including public preschool programs,’’ for ‘‘Head Start, Reading First, Early Reading First, Even Start, the Home In- struction Programs for Preschool Youngsters, the Par- ents as Teachers Program, and public preschool and other programs,’’. Subsec. (f). Pub. L. 114–95, § 1010(7), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: ‘‘In carrying out the parental in- volvement requirements of this part, local educational agencies and schools, to the extent practicable, shall provide full opportunities for the participation of par- ents with limited English proficiency, parents with dis- abilities, and parents of migratory children, including providing information and school reports required

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 6320

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