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20 U.S.C. § 7351b — Program authorized

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

20 U.S.C. § 7351b — Program authorized

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Source location: Title 20, Chapter 70, § 7351b; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md

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**(a) Grants to States** (1) **In general** — From amounts appropriated under [section 7355c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7355c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7351b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7351a/a&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7351b&num=0&edition=prelim) 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** — 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. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7355c&num=0&edition=prelim) 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.

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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. § 6311 — Statement of purpose

The purpose of this subchapter is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.

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

20 U.S.C. § 7351 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7345/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7345/c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7345/b/1/C&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7345/c&num=0&edition=prelim), as long as a determination under this subparagra

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7351

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

20 U.S.C. § 7355c — 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.

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20 U.S.C. § 7355 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7351b&num=0&edition=prelim), including having all students in the State or the area served by the specially qualified agency, as applicable, meet the challenging State academic standards.

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

20 U.S.C. § 7351b — Applications

Page 1531 TITLE 20—EDUCATION § 7351c 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 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. § 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 man- ner as the Secretary may require. (b) Contents Each application submitted under subsection (a) shall include information on— (1) program objectives and outcomes for ac- tivities under this subpart, including how the State educational agency or specially quali- fied agency will use funds to help all students meet the challenging State academic stand- ards; (2) if the State educational agency will com- petitively award grants to eligible local edu- cational 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 appli- cations 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 edu-

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