20 U.S.C. § 10012 — Fiscal relief

Page 1769 TITLE 20—EDUCATION § 10013 1 So in original. Probably should be ‘‘subsection (d),’’. (Pub. L. 111–5, div. A, title XIV, § 14009, Feb. 17, 2009, 123 Stat. 285.) § 10010. Secretary’s report to Congress The Secretary shall submit a report to the Committee on Education and Labor of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committees on Appropriations of the House of Representatives and of the Senate, not less than 6 months following the submission of State reports, that evaluates the information provided in the State reports under section 10008 of this title and the information required by sec- tion 10005(b)(3) of this title including State-by- State information. (Pub. L. 111–5, div. A, title XIV, § 14010, Feb. 17, 2009, 123 Stat. 285.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 10011. Prohibition on provision of certain as- sistance No recipient of funds under this chapter shall use such funds to provide financial assistance to students to attend private elementary or sec- ondary schools, unless such funds are used to provide special education and related services to children with disabilities, as authorized by the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (Pub. L. 111–5, div. A, title XIV, § 14011, Feb. 17, 2009, 123 Stat. 285; Pub. L. 111–8, div. F, title V, § 523(g), Mar. 11, 2009, 123 Stat. 806.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in text, is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chap- ter 33 (§ 1400 et seq.) of this title. For complete classi- fication of this Act to the Code, see section 1400 of this title and Tables. AMENDMENTS 2009—Pub. L. 111–8 inserted before period at end ‘‘, unless such funds are used to provide special edu- cation and related services to children with disabil- ities, as authorized by the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.)’’. § 10012. Fiscal relief (a) In general For the purpose of relieving fiscal burdens on States and local educational agencies that have experienced a precipitous decline in financial re- sources, the Secretary of Education may waive or modify any requirement of this chapter relat- ing to maintaining fiscal effort. (b) Duration A waiver or modification under this section shall be for any of fiscal year 2009, fiscal year 2010, or fiscal year 2011, as determined by the Secretary. (c) Criteria The Secretary shall not grant a waiver or modification under this section unless the Sec- retary determines that the State receiving such waiver or modification will not provide for ele- mentary, secondary, and public higher edu- cation, for the fiscal year under consideration, a smaller percentage of the total revenues avail- able to the State than the percentage provided for such purpose in the preceding fiscal year. (d) Maintenance of effort Upon prior approval from the Secretary, a State or local educational agency that receives funds under this chapter may treat any portion of such funds that is used for elementary, sec- ondary, or postsecondary education as non-Fed- eral funds for the purpose of any requirement to maintain fiscal effort under any other program, including part C of the Individuals with Disabil- ities Education Act (20 U.S.C. 1431 et seq.), ad- ministered by the Secretary. (e) Subsequent level of effort Notwithstanding (d),1 the level of effort re- quired by a State or local educational agency for the following fiscal year shall not be re- duced. (Pub. L. 111–5, div. A, title XIV, § 14012, Feb. 17, 2009, 123 Stat. 285; Pub. L. 111–8, div. F, title V, § 523(h), Mar. 11, 2009, 123 Stat. 806.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (d), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified gen- erally to subchapter III (§ 1431 et seq.) of chapter 33 of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. AMENDMENTS 2009—Subsec. (c). Pub. L. 111–8 amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘The Secretary shall not grant a waiver or modifica- tion under this section unless the Secretary determines that the State or local educational agency receiving such waiver or modification will not provide for ele- mentary and secondary education, for the fiscal year under consideration, a smaller percentage of the total revenues available to the State or local educational agency than the amount provided for such purpose in the preceding fiscal year.’’ § 10013. Definitions Except as otherwise provided in this chapter, as used in this chapter— (1) the terms ‘‘elementary education’’ and ‘‘secondary education’’ have the meaning given such terms under State law; (2) the term ‘‘high-need local educational agency’’ means a local educational agency— (A) that serves not fewer than 10,000 chil- dren from families with incomes below the poverty line; or (B) for which not less than 20 percent of the children served by the agency are from