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20 U.S.C. § 7901 — Maintenance of effort
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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Stable record: federal_law:legal_authorities:record_usc_6180c2ec18ecfcbd6a73d8af
Source file: Laws/federal/codes/united-states-code/title-20/section-7901-maintenance-of-effort--40221efcfc.md
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Source location: Title 20, Chapter 70, § 7901; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md
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**(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.
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6335
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State plan**
(1) **In general** — Each State educational agency that desires to receive a grant under this subpart shall submit, for approval by the Secretary, a plan—
(A) for meeting the educational needs of neglected, delinquent, and at-risk children and youth;
(B) for assisting in the transition of children and youth between correctional facilities and locally operated programs; and
(C) that is integrated with other programs under this chapter or other Acts, as appropriate.
(2) **Contents** — Each such State plan shall—
(A) describe the program objectives and outcomes established by the State that will be used to assess the effectiveness of the program in improving the academic, career, and technical skills of children in the program;
(B) provide that, to the extent feasible, such children will have the same opportunities to achieve as such children would have if such children were in the schools of local educational agencies in the State;
(C) describe how the State will place a priority for such children to attain a regular high school diploma, to the extent feasible;
(D) contain an assurance that the State educational agency will—
(i) ensure that programs assisted under this subpart will be carried out in accordance with the State plan described in this subsection; and
(ii) ensure that the State agencies receiving subgrants under this subpart comply with all applicable statutory and regulatory requirements; and
(E) provide assurances that the State educational agency has established—
(i) procedures to ensure the timely re-enrollment of each student who has been placed in the juvenile justice system in secondary school or in a re-entry program that best meets the needs of the student, including the transfer of credits t
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6453
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits an application that is approved by the Secretary under this subpart the amount determined under [section 7423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7423&num=0&edition=prelim). The Secretary shall notify the local educational agency of the amount of the payment not later than June 1 of the year for which the Secretary makes the payment.
**(b) Payments taken into account by the State** The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State in which the local educational agency is located takes into consideration payments made under this chapter 11 So in original. Probably should be “this subpart”. in determining the eligibility of the local educational agency for State aid, or the amount of the State aid, with respect to the free public education of children during such fiscal year or the preceding fiscal year.
**(c) Reduction of payment for failure to maintain fiscal effort** Each local educational agency shall maintain 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) or be subject to reduced payments under this subpart in accordance with such [section 7901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7901&num=0&edition=prelim).
**(d) Reallocations** The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose of this subpart, any amounts that—
(1) based on estimates made by local educational agencies or other
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7441
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Federal law — U.S. Code and appendices · legal_authorities
This part may be cited as the “Native Hawaiian Education Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7511
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Request for waiver by State or Indian tribe** — A State educational agency or Indian tribe that receives funds under a program authorized under this chapter may submit a request to the Secretary to waive any statutory or regulatory requirement of this chapter.
(2) **Local educational agency and school requests submitted through the State**
(A) *Request for waiver by local educational agency* — A local educational agency that receives funds under a program authorized under this chapter and desires a waiver of any statutory or regulatory requirement of this chapter shall submit a request containing the information described in subsection (b)(1) to the appropriate State educational agency. The State educational agency may then submit the request to the Secretary if the State educational agency determines the waiver appropriate.
(B) *Request for waiver by school* — An elementary school or secondary school that desires a waiver of any statutory or regulatory requirement of this chapter shall submit a request containing the information described in subsection (b)(1) to the local educational agency serving the school. The local educational agency may then submit the request to the State educational agency in accordance with subparagraph (A) if the local educational agency determines the waiver appropriate.
(3) **Receipt of waiver** — Except as provided in subsection (b)(4) or (c), the Secretary may waive any statutory or regulatory requirement of this chapter for which a waiver request is submitted to the Secretary pursuant to this subsection.
**(b) Request for waiver**
(1) **In general** — A State educational agency, acting on its own behalf or on behalf of a local educational agency in accordance with subsection (a)(2), or Indian tribe tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7861
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Federal law — U.S. Code and appendices · legal_authorities
Page 1640
TITLE 20—EDUCATION
§ 7885
1 So in original. Probably should be ‘‘of’’.
2 So in original. Probably should be capitalized.
(B) Judgment
The judgment of the court shall be subject
to review by the Supreme Court of the
United States upon certiorari or certifi-
cation as provided in section 1254 of title 28.
(b) Determination
Any determination by the Secretary under
this section shall continue in effect until the
Secretary determines, in consultation with that
agency, consortium, or entity and representa-
tives of the affected private school children,
teachers, or other educational personnel, that
there will no longer be any failure or inability
on the part of the agency, consortium, or entity
to meet the applicable requirements of section
7881 of this title or any other provision of this
chapter.
(c) Payment from State allotment
When the Secretary arranges for services pur-
suant to this section, the Secretary shall, after
consultation with the appropriate public and
private school officials, pay the cost of those
services, including the administrative costs of
arranging for those services, from the appro-
priate allocation or allocations under this chap-
ter.
(d) Prior determination
Any by-pass determination by the Secretary
under this chapter as in effect on the day pre-
ceding January 8, 2002, shall remain in effect to
the extent the Secretary determines that that
determination is consistent with the purpose of
this section.
(Pub. L. 89–10, title VIII, § 8504, formerly title IX,
§ 9504, as added Pub. L. 107–110, title IX, § 901,
Jan. 8, 2002, 115 Stat. 1978; renumbered title VIII,
§ 8504, and amended Pub. L. 114–95, title VIII,
§§ 8001(a)(5), (b)(4), 8018, Dec. 10, 2015, 129 Stat.
2088, 2089, 2112.)
Editorial Notes
AMENDMENTS
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7901
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.