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20 U.S.C. § 7441 — Payments

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

20 U.S.C. § 7441 — Payments

**(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

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Source location: Title 20, Chapter 70, § 7441; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md

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

20 U.S.C. § 7423 — Purpose

It is the purpose of this subpart to support the efforts of local educational agencies, Indian tribes and organizations, and other entities in developing elementary school and secondary school programs for Indian students that are designed to— (1) meet the unique cultural, language, and educational needs of such students; and (2) ensure that all students meet the challenging State academic standards.

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

20 U.S.C. § 7901 — Maintenance of effort

**(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

20 U.S.C. § 7441 — Improvement of educational opportunities

Page 1549 TITLE 20—EDUCATION § 7441 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 pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR IN- DIAN CHILDREN § 7441. Improvement of educational opportunities for Indian children and youth (a) Purpose (1) In general It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness of services and programs to im- prove educational opportunities and achieve- ment of Indian children and youth. (2) Coordination The Secretary shall take the necessary ac- tions to achieve the coordination of activities assisted under this subpart with— (A) other programs funded under this chap- ter; and (B) other Federal programs operated for the benefit of Indian children and youth. (b) Eligible entities In this section, the term ‘‘eligible entity’’ means a State educational agency, local edu- cational agency, Indian tribe, Indian organiza- tion, federally supported elementary school or secondary school for Indian students, a Tribal College or University (as defined in section 1059c(b) of this title), or a consortium of such entities. (c) Grants authorized The Secretary shall award grants to eligible entities to enable such entities to carry out ac- tivities that meet the purpose of this section, including— (1) innovative programs related to the edu- cational needs of educationally disadvantaged Indian children and youth; (2) educational services that are not avail- able to such children and youth in suffici

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