20 U.S.C. § 7355b — Rule of construction

Page 1532 TITLE 20—EDUCATION § 7351d 1 So in original. Probably should be ‘‘subpart 2).’’ 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. § 7351d. Choice of participation (a) In general If a local educational agency is eligible for funding under both this subpart and subpart 1, such local educational agency may receive funds under either this subpart or subpart 1 for a fiscal year, but may not receive funds under both sub- parts for such fiscal year. (b) Notification A local educational agency eligible for funding under both this subpart and subpart 1 shall no- tify the Secretary and the State educational agency under which of such subparts the local educational agency intends to receive funds for a fiscal year by a date that is established by the Secretary for the notification. (Pub. L. 89–10, title V, § 5225, as added Pub. L. 114–95, title V, § 5003(8), Dec. 10, 2015, 129 Stat. 2044.) Editorial Notes PRIOR PROVISIONS A prior section 5225 of Pub. L. 89–10 was classified to section 7223d of this title, prior to repeal by Pub. L. 114–95. Prior sections 7352 and 7353 were omitted in the gen- eral amendment of former subchapter VI of this chap- ter by Pub. L. 107–110. Section 7352, Pub. L. 89–10, title VI, § 6302, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3711, related to administrative authority. Section 7353, Pub. L. 89–10, title VI, § 6303, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3711, related to local applications for allocations of funds. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. SUBPART 3—GENERAL PROVISIONS § 7355. Annual average daily attendance deter- mination (a) Census determination Each local educational agency desiring a grant under section 7345a of this title and each local educational agency or specially qualified agency desiring a grant under subpart 2 of this part shall— (1) not later than December 1 of each year, conduct a census to determine the number of students in average daily attendance in kin- dergarten through grade 12 at the schools served by the agency; and (2) not later than March 1 of each year, sub- mit the number described in paragraph (1) to the Secretary (and to the State educational agency, in the case of a local educational agency seeking a grant under subpart (2)).1 (b) Penalty If the Secretary determines that a local edu- cational agency or specially qualified agency has knowingly submitted false information under subsection (a) for the purpose of gaining additional funds under section 7345a of this title or subpart 2 of this part, then the agency shall be fined an amount equal to twice the difference between the amount the agency received under this section and the correct amount the agency would have received under section 7345a of this title or subpart 2 of this part if the agency had submitted accurate information under sub- section (a). (Pub. L. 89–10, title V, § 5231, formerly title VI, § 6231, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1897; renumbered title V, § 5231, and amended Pub. L. 114–95, title V, § 5001(a)(5), (b)(2), Dec. 10, 2015, 129 Stat. 2039, 2040.) Editorial Notes PRIOR PROVISIONS A prior section 5231 of Pub. L. 89–10 was classified to section 7223j of this title, prior to repeal by Pub. L. 114–95. AMENDMENTS 2015—Pub. L. 114–95, § 5001(b)(2), made technical amendment to references in original act which appear in text as references to section 7345a 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. § 7355a. Supplement, not supplant Funds made available under subpart 1 or sub- part 2 of this part shall be used to supplement, and not supplant, any other Federal, State, or local education funds. (Pub. L. 89–10, title V, § 5232, formerly title VI, § 6232, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1897; renumbered title V, § 5232, Pub. L. 114–95, title V, § 5001(a)(5), Dec. 10, 2015, 129 Stat. 2039, 2040.) § 7355b. Rule of construction Nothing in this part shall be construed to pro- hibit a local educational agency that enters into cooperative arrangements with other local edu- cational agencies for the provision of special, compensatory, or other education services, pur- suant to State law or a written agreement, from entering into similar arrangements for the use, or the coordination of the use, of the funds made available under this part. (Pub. L. 89–10, title V, § 5233, formerly title VI, § 6233, as added Pub. L. 107–110, title VI, § 601, Page 1533 TITLE 20—EDUCATION § 7372 Jan. 8, 2002, 115 Stat. 1897; renumbered title V, § 5233, Pub. L. 114–95, title V, § 5001(a)(5), Dec. 10, 2015, 129 Stat. 2039, 2040.) § 7355c. Authorization of appropriations There are authorized to be appropriated to carry out this part $169,840,000 for each of the fiscal years 2017 through 2020, to be distributed equally between subparts 1 and 2 of this part. (Pub. L. 89–10, title V, § 5234, formerly title VI, § 6234, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1897; renumbered title V, § 5234, and amended Pub. L. 114–95, title V, §§ 5001(a)(5), 5003(9), Dec. 10, 2015, 129 Stat. 2039, 2040, 2045.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–95, § 5003(9), substituted ‘‘$169,840,000 for each of the fiscal years 2017 through 2020,’’ for ‘‘$300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years,’’. 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. PART C—GENERAL PROVISIONS § 7371. Prohibition against Federal mandates, di- rection, or control Nothing in this subchapter shall be construed to authorize an officer or employee of the Fed- eral Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic stand- ards and assessments, curriculum, or program of instruction, as a condition of eligibility to re- ceive funds under this chapter. (Pub. L. 89–10, title V, § 5301, as added Pub. L. 114–95, title V, § 5004, Dec. 10, 2015, 129 Stat. 2045.) Editorial Notes PRIOR PROVISIONS A prior section 7371, Pub. L. 89–10, title V, § 6301, for- merly title VI, § 6301, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1897; renumbered title V, § 6301, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to prohibition against Federal man- dates, direction, or control, prior to the general amend- ment of this part by Pub. L. 114–95. Another prior section 7371, Pub. L. 89–10, title VI, § 6401, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3712, related to maintenance of effort and sup- plementary nature of Federal funds, prior to the gen- eral amendment of former subchapter VI of this chap- ter by Pub. L. 107–110. A prior section 5301 of Pub. L. 89–10 was renumbered section 4401 and is classified to section 7231 of this title. Another prior section 5301 of Pub. L. 89–10 was classi- fied to section 7261 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 7372. Rule of construction on equalized spend- ing Nothing in this subchapter shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school. (Pub. L. 89–10, title V, § 5302, as added Pub. L. 114–95, title V, § 5004, Dec. 10, 2015, 129 Stat. 2045.) Editorial Notes PRIOR PROVISIONS A prior section 7372, Pub. L. 89–10, title V, § 6302, for- merly title VI, § 6302, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1898; renumbered title V, § 6302, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to rule of construction on equalized spending, prior to the general amendment of this part by Pub. L. 114–95. Another prior section 7372, Pub. L. 89–10, title VI, § 6402, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3713, related to participation of children en- rolled in private schools, prior to the general amend- ment of former subchapter VI of this chapter by Pub. L. 107–110. A prior section 5302 of Pub. L. 89–10 was renumbered section 4402 and is classified to section 7231a of this title. Another prior section 5302 of Pub. L. 89–10 was classi- fied to section 7262 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110. A prior section 7373, Pub. L. 89–10, title VI, § 6403, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3715, which related to Federal administration, was omitted in the general amendment of former sub- chapter VI of this chapter by Pub. L. 107–110. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. SUBCHAPTER VI—INDIAN, NATIVE HAWAI- IAN, AND ALASKA NATIVE EDUCATION Editorial Notes CODIFICATION Pub. L. 114–95, title VI, § 6001(a), Dec. 10, 2015, 129 Stat. 2046, redesignated subchapter VII (§ 7401 et seq.) of this chapter as this subchapter. Title VI 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, and subsequently revised, restated, and amended by other public laws. Title VI is shown, herein, as having been added as title VII of Pub. L. 89–10 by Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1907, with- out reference to earlier amendments because of the ex- tensive revision of the title’s provisions by Pub. L. 107–110. Title VII of Pub. L. 89–10 was subsequently re- designated title VI by Pub. L. 114–95, title VI, § 6001(a), Dec. 10, 2015, 129 Stat. 2046, and transferred to this sub- chapter. See Codification note preceding section 6301 of this title. PRIOR PROVISIONS A prior title VI of the Elementary and Secondary Education Act of 1965, comprising former subchapter VI