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20 U.S.C. § 2395 — Distribution of funds to secondary education programs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Distribution rules** Except as provided in [section 2353 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2353&num=0&edition=prelim) and as otherwise provided in this section, each eligible agency shall distribute the portion of funds made available under [section 2322(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2322/a/1&num=0&edition=prelim) to carry out this section to local educational agencies within the State as follows:
(1) **Thirty percent** — Thirty percent shall be allocated to such local educational agencies in proportion to the number of individuals aged 5 through 17, inclusive, who reside in the school district served by such local educational agency for the preceding fiscal year compared to the total number of such individuals who reside in the school districts served by all local educational agencies in the State for such preceding fiscal year, as determined on the basis of the most recent satisfactory—
(A) data provided to the Secretary by the Bureau of the Census for the purpose of determining eligibility under title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.]; or
(B) student membership data collected by the National Center for Education Statistics through the Common Core of Data survey system.
(2) **Seventy percent** — Seventy percent shall be allocated to such local educational agencies in proportion to the number of individuals aged 5 through 17, inclusive, who reside in the school district served by such local educational agency and are from families below the poverty level for the preceding fiscal year,
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Source file: Laws/federal/codes/united-states-code/title-20/section-2395-distribution-of-funds-to-secondary-education-programs--25de606144.md
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Source location: Title 20, Chapter 44, § 2395; chapter-044-career-and-technical-education.md
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**(a) Distribution rules** Except as provided in [section 2353 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2353&num=0&edition=prelim) and as otherwise provided in this section, each eligible agency shall distribute the portion of funds made available under [section 2322(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2322/a/1&num=0&edition=prelim) to carry out this section to local educational agencies within the State as follows:
(1) **Thirty percent** — Thirty percent shall be allocated to such local educational agencies in proportion to the number of individuals aged 5 through 17, inclusive, who reside in the school district served by such local educational agency for the preceding fiscal year compared to the total number of such individuals who reside in the school districts served by all local educational agencies in the State for such preceding fiscal year, as determined on the basis of the most recent satisfactory—
(A) data provided to the Secretary by the Bureau of the Census for the purpose of determining eligibility under title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.]; or
(B) student membership data collected by the National Center for Education Statistics through the Common Core of Data survey system.
(2) **Seventy percent** — Seventy percent shall be allocated to such local educational agencies in proportion to the number of individuals aged 5 through 17, inclusive, who reside in the school district served by such local educational agency and are from families below the poverty level for the preceding fiscal year, as determined on the basis of the most recent satisfactory data used under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6333(c)(1)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6333/c/1/A&num=0&edition=prelim)], compared to the total number of such individuals who reside in the school districts served by all the local educational agencies in the State for such preceding fiscal year.
(3) **Adjustments** — Each eligible agency, in making the allocations under paragraphs (1) and (2), shall adjust the data used to make the allocations to—
(A) reflect any change in school district boundaries that may have occurred since the data were collected; and
(B) include local educational agencies without geographical boundaries, such as charter schools and secondary schools funded by the Bureau of Indian Education.
**(b) Waiver for more equitable distribution** The Secretary may waive the application of subsection (a) in the case of any eligible agency that submits to the Secretary an application for such a waiver that—
(1) demonstrates that a proposed alternative formula more effectively targets funds on the basis of poverty (as defined by the Office of Management and Budget and revised annually in accordance with [section 9902(2) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9902/2&num=0&edition=prelim)) to local educational agencies within the State than the formula described in subsection (a); and
(2) includes a proposal for such an alternative formula.
**(c) Minimum allocation**
(1) **In general** — Except as provided in paragraph (2), a local educational agency shall not receive an allocation under subsection (a) unless the amount allocated to such agency under subsection (a) is greater than $15,000. A local educational agency may enter into a consortium with other local educational agencies for purposes of meeting the minimum allocation requirement of this paragraph.
(2) **Waiver** — The eligible agency shall waive the application of paragraph (1) in any case in which the local educational agency—
(A)
(i) is located in a rural, sparsely populated area; or
(ii) is a public charter school operating secondary school career and technical education programs or programs of study; and
(B) demonstrates that the local educational agency is unable to enter into a consortium for purposes of providing activities under this part.
(3) **Redistribution** — Any amounts that are not allocated by reason of paragraph (1) or paragraph (2) shall be redistributed to local educational agencies that meet the requirements of paragraph (1) or (2) in accordance with the provisions of this section.
**(d) Limited jurisdiction agencies**
(1) **In general** — In applying the provisions of subsection (a), no eligible agency receiving assistance under this subchapter shall allocate funds to a local educational agency that serves only elementary schools, but shall distribute such funds to the local educational agency or regional educational agency that provides secondary school services to secondary school students in the same attendance area.
(2) **Special rule** — The amount to be allocated under paragraph (1) to a local educational agency that has jurisdiction only over secondary schools shall be determined based on the number of students that entered such secondary schools in the previous year from the elementary schools involved.
**(e) Allocations to area career and technical education schools and educational service agencies**
(1) **In general** — Each eligible agency shall distribute the portion of funds made available under [section 2322(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2322/a/1&num=0&edition=prelim) for any fiscal year by such eligible agency for career and technical education activities at the secondary level under this section to the appropriate area career and technical education school or educational service agency in any case in which the area career and technical education school or educational service agency, and the local educational agency concerned—
(A) have formed or will form a consortium for the purpose of receiving funds under this section; or
(B) have entered into or will enter into a cooperative arrangement for such purpose.
(2) **Allocation basis** — If an area career and technical education school or educational service agency meets the requirements of paragraph (1), then the amount that would otherwise be distributed to the local educational agency shall be allocated to the area career and technical education school, the educational service agency, and the local educational agency based on each school, agency or entity’s relative share of students who are attending career and technical education programs (based, if practicable, on the average enrollment for the preceding 3 years).
(3) **Appeals procedure** — The eligible agency shall establish an appeals procedure for resolution of any dispute arising between a local educational agency and an area career and technical education school or an educational service agency with respect to the allocation procedures described in this section, including the decision of a local educational agency to leave a consortium or terminate a cooperative arrangement.
**(f) Consortium requirements**
(1) **Alliance** — Any local educational agency receiving an allocation that is not sufficient to conduct a program which meets the requirements of [section 2355 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2355&num=0&edition=prelim) is encouraged to—
(A) form a consortium or enter into a cooperative agreement with an area career and technical education school or educational service agency offering programs that meet the requirements of [section 2355 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2355&num=0&edition=prelim);
(B) transfer such allocation to the area career and technical education school or educational service agency; and
(C) operate programs that are of sufficient size, scope, and quality to be effective.
(2) **Funds to consortium** — Funds allocated to a consortium formed to meet the requirements of this subsection shall be used only for purposes and programs that are mutually beneficial to all members of the consortium and can be used only for programs authorized under this subchapter. Such funds may not be reallocated to individual members of the consortium for purposes or programs benefitting only 1 member of the consortium.
**(g) Data** The Secretary shall collect information from eligible agencies regarding the specific dollar allocations made available by the eligible agency for career and technical education programs and programs of study under subsections (a), (b), (c), (d), and (e) and how these allocations are distributed to local educational agencies, area career and technical education schools, and educational service agencies, within the State in accordance with this section.
**(h) Special rule** Each eligible agency distributing funds under this section shall treat a secondary school funded by the Bureau of Indian Education within the State as if such school were a local educational agency within the State for the purpose of receiving a distribution under this section.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 88–210, title I, § 118, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 713; amended Pub. L. 113–128, title V, § 512(e)(1), July 22, 2014, 128 Stat. 1706, Pub. L. 115 related to occupational and employment information and grants to States.
A prior section 2328, Pub. L. 88–210, title I, § 118, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3100, related to occupational and employment information, prior to the general amendment of this chapter by Pub. L. 109–270.
Another prior section 2328, Pub. L. 88–210, title I, § 118, as added Pub. L. 101–392, title I, § 116, Sept. 25, 1990, 104 Stat. 773, related to criteria for services and activities for individuals who are members of special populations, prior to the general amendment of this chapter by Pub. L. 105–332.
A prior section 2331, Pub. L. 88–210, title II, § 201, as added Pub. L. 101–392, title II, § 201, Sept. 25, 1990, 104 Stat. 776, related to State programs and State leadership activities, prior to the general amendment of this chapter by Pub. L. 105–332.
Another prior section 2331 and prior sections 2332 to 2334 were omitted in the general amendment of this subchapter by Pub. L. 101–392.
Section 2331, Pub. L. 88–210, title II, § 201, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2450; amended Pub. L. 100–297, title II, § 2401(a), Apr. 28, 1988, 102 Stat. 324, related to use of a portion of a State’s allotment to provide vocational education services and activities to meet special needs of handicapped individuals, disadvantaged individuals, single parents, homemakers, or single pregnant women, and other groups.
Section 2332, Pub. L. 88–210, title II, § 202, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2452; amended Pub. L. 100–202, §
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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
No funds received under this chapter may be used to provide career and technical education programs or programs of study to students prior to the the 11 So in original. middle grades (as such term is defined in [section 7801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim)), except that equipment and facilities purchased with funds under this chapter may be used by such students.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Alaska Native** — The term “Alaska Native” means a Native as such term is defined in [section 1602 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim).
(2) **Bureau-funded school** — The term “Bureau-funded school” has the meaning given the term in [section 2021 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2021&num=0&edition=prelim).
(3) **Native Hawaiian** — The term “Native Hawaiian” means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii.
(4) **Native Hawaiian organization** — The term “Native Hawaiian organization” has the meaning given the term in [section 7517 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7517&num=0&edition=prelim).
**(b) Program authorized**
(1) **Authority** — From funds reserved under [section 2321(a)(1)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2321/a/1/B/i&num=0&edition=prelim), the Secretary shall make grants to or enter into contracts with Indian Tribes, Tribal organizations, and Alaska Native entities to carry out the authorized programs described in subsection (c), except that such grants or contracts shall not be awarded to secondary school programs in Bureau-funded schools.
(2) **Indian Tribes and Tribal organizations** — The grants or contracts described in this section that are awarded to any Indian Tribe or Tribal organization shall be subject to the terms and conditions of [section 5321 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) and shall b
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Federal law — U.S. Code and appendices · legal_authorities
Page 1103
TITLE 20—EDUCATION
§ 2395
1 So in original.
related to construction of this chapter, prior to the
general amendment of this chapter by Pub. L. 109–270.
Another prior section 2393, Pub. L. 88–210, title III,
§ 333, formerly § 343, as added Pub. L. 98–524, § 1, Oct. 19,
1984, 98 Stat. 2465; amended Pub. L. 100–418, title VI,
§ 6134(a), Aug. 23, 1988, 102 Stat. 1512; renumbered § 333,
Pub. L. 101–392, title III, § 307(a)(2), Sept. 25, 1990, 104
Stat. 787, related to use of grant funds, prior to the gen-
eral amendment of this chapter by Pub. L. 105–332.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–224 effective July 1, 2019,
see section 4 of Pub. L. 115–224, set out as a note under
section 2301 of this title.
§ 2394. Voluntary selection and participation
No funds made available under this chapter
shall be used—
(1) to require any secondary school student
to choose or pursue a specific career pathway
or program of study; or
(2) to mandate that any individual partici-
pate in a career and technical education pro-
gram, including a career and technical edu-
cation program that requires the attainment
of a federally funded skill level, standard, or
certificate of mastery.
(Pub. L. 88–210, title II, § 214, formerly title III,
§ 314, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006,
120 Stat. 743; renumbered title II, § 214, and
amended Pub. L. 115–224, title II, § 201(a)(2), (5),
(6), July 31, 2018, 132 Stat. 1621.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2394, Pub. L. 88–210, title III, § 314, as
added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3123,
related to voluntary selection and participation, prior
to the general amendment of this chapter by Pub. L.
109–270.
An
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Federal law — U.S. Code and appendices · legal_authorities
Page 1321
TITLE 20—EDUCATION
§ 6301
Pub. L. 106–113, Nov. 29, 1999, 113 Stat. 1501; Pub. L.
106–398, Oct. 30, 2000, 114 Stat. 1654; Pub. L. 106–400, Oct.
30, 2000, 114 Stat. 1675; Pub. L. 106–554, Dec. 21, 2000, 114
Stat. 2763; Pub. L. 107–20, July 24, 2001, 115 Stat. 155, and
is classified to section 6301 et seq. of this title. Certain
titles and parts of titles of the Act are shown, herein,
however, as having been added by Pub. L. 107–110 with-
out reference to such intervening amendments because
of the extensive amendments, renumbering, and reorga-
nization of these provisions by Pub. L. 107–110.
SUBCHAPTER
I—IMPROVING
THE
ACA-
DEMIC
ACHIEVEMENT
OF
THE
DIS-
ADVANTAGED
Editorial Notes
CODIFICATION
Title I of the Elementary and Secondary Education
Act of 1965, comprising this subchapter, was originally
enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat.
27, amended, and subsequently revised, restated, and
amended by other public laws. Title I is shown, herein,
as having been added by Pub. L. 107–110, title I, § 101,
Jan. 8, 2002, 115 Stat. 1439, without reference to earlier
amendments because of the extensive revision of the ti-
tle’s provisions by Pub. L. 107–110. See Codification
note preceding this chapter.
§ 6301. 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.
(Pub. L. 89–10, title I, § 1001, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1439;
amended Pub. L. 114–95, title I, § 1001, Dec. 10,
2015, 129 Stat. 1814.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6301, Pub. L. 89–10, title I, § 1001, as
added Pub. L. 103–382, title I, § 101, Oct. 20,
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 89–10, title I, § 1119, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1505, related to qualifications for teachers and paraprofessionals.
A prior section 6319, Pub. L. 89–10, title I, § 1118, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3550, related to parental involvement, prior to the general amendment of this subchapter by Pub. L. 107–110.
#### Effective Date of Repeal
Repeal effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under [section 6301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6333
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Federal law — U.S. Code and appendices · legal_authorities
Page 1371
TITLE 20—EDUCATION
§ 6333
(Pub. L. 89–10, title I, § 1122, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1515;
amended Pub. L. 114–95, title I, § 1015, Dec. 10,
2015, 129 Stat. 1878.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6332, Pub. L. 89–10, title I, § 1122, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3562, related to allocations to States, prior to the gen-
eral amendment of this subchapter by Pub. L. 107–110.
AMENDMENTS
2015—Subsec. (a). Pub. L. 114–95, § 1015(1), substituted
‘‘2017–2020’’ for ‘‘2002–2007’’ in introductory provisions.
Subsec. (a)(3). Pub. L. 114–95, § 1015(2), added par. (3)
and struck out former par. (3) which read as follows:
‘‘an amount equal to 100 percent of the amount, if any,
by which the amount made available to carry out sec-
tions 6333, 6334, and 6335 of this title for the current fis-
cal year for which the determination is made exceeds
the amount available to carry out sections 6333 and 6334
of this title for fiscal year 2001 shall be allocated in ac-
cordance with section 6335 of this title.’’
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.
§ 6333. Basic grants to local educational agencies
(a) Amount of grants
(1) Grants for local educational agencies and
Puerto Rico
Except as provided in paragraph (4) and in
section 6338 of this title, the grant that a local
educational agency is eligible to receive under
this section for a fiscal year is the amount de-
termined by multiplying—
(A) the number of childr
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