20 U.S.C. § 2352 — Distribution of funds for postsecondary

Page 1093 TITLE 20—EDUCATION § 2352 (e) Allocations to area career and technical edu- cation schools and educational service agen- cies (1) In general Each eligible agency shall distribute the portion of funds made available under section 2322(a)(1) of this title 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 ca- reer and technical education school or edu- cational 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 tech- nical education programs (based, if prac- ticable, on the average enrollment for the pre- ceding 3 years). (3) Appeals procedure The eligible agency shall establish an ap- peals 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 consor- tium 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 sec- tion 2355 of this title is encouraged to— (A) form a consortium or enter into a co- operative 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; (B) transfer such allocation to the area ca- reer and technical education school or edu- cational 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 al- locations 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 dis- tributed to local educational agencies, area ca- reer and technical education schools, and edu- cational 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 fund- ed 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 re- ceiving a distribution under this section. (Pub. L. 88–210, title I, § 131, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 727; amend- ed Pub. L. 115–224, title I, § 131, July 31, 2018, 132 Stat. 1612.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(1)(A), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. PRIOR PROVISIONS A prior section 2351, Pub. L. 88–210, title I, § 131, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3109, related to distribution of funds to secondary school programs, prior to the general amendment of this chap- ter by Pub. L. 109–270. Another prior section 2351, Pub. L. 88–210, title III, § 301, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2457, related to applications by community-based orga- nizations, prior to the general amendment of this chap- ter by Pub. L. 105–332. AMENDMENTS 2018—Subsec. (a)(3)(B). Pub. L. 115–224, § 131(1), sub- stituted ‘‘Bureau of Indian Education’’ for ‘‘Bureau of Indian Affairs’’. Subsec. (c)(2)(A)(ii). Pub. L. 115–224, § 131(2), inserted ‘‘or programs of study’’ after ‘‘technical education pro- grams’’. Subsec. (g). Pub. L. 115–224, § 131(3), inserted ‘‘and pro- grams of study’’ after ‘‘technical education programs’’. Subsec. (h). Pub. L. 115–224, § 131(4), substituted ‘‘Bu- reau of Indian Education’’ for ‘‘Bureau of Indian Af- fairs’’. 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. § 2352. Distribution of funds for postsecondary education programs (a) Allocation (1) In general Except as provided in subsections (b) and (c) and section 2353 of this title, each eligible Page 1094 TITLE 20—EDUCATION § 2353 agency shall distribute the portion of the funds made available under section 2322(a)(1) of this title to carry out this section for any fiscal year to eligible institutions or consortia of eligible institutions within the State. (2) Formula Each eligible institution or consortium of el- igible institutions shall be allocated an amount that bears the same relationship to the portion of funds made available under sec- tion 2322(a)(1) of this title to carry out this section for any fiscal year as the sum of the number of individuals who are Federal Pell Grant recipients and recipients of assistance from the Bureau of Indian Affairs enrolled in programs meeting the requirements of section 2355 of this title offered by such institution or consortium in the preceding fiscal year bears to the sum of the number of such recipients enrolled in such programs within the State for such year. (3) Consortium requirements (A) In general In order for a consortium of eligible insti- tutions described in paragraph (2) to receive assistance pursuant to such paragraph, such consortium shall operate joint projects that— (i) provide services to all postsecondary institutions participating in the consor- tium; and (ii) are of sufficient size, scope, and qual- ity to be effective. (B) Funds to consortium Funds allocated to a consortium formed to meet the requirements of this section shall be used only for purposes and programs that are mutually beneficial to all members of the consortium and shall be used only for programs authorized under this subchapter. Such funds may not be reallocated to indi- vidual members of the consortium for pur- poses or programs benefitting only 1 member of the consortium. (4) Waiver The eligible agency may waive the applica- tion of paragraph (3)(A)(i) in any case in which the eligible institution is located in a rural, sparsely populated area. (b) Waiver for more equitable distribution The Secretary may waive the application of subsection (a) if an eligible agency submits to the Secretary an application for such a waiver that— (1) demonstrates that the formula described in subsection (a) does not result in a distribu- tion of funds to the eligible institutions or consortia within the State that have the high- est numbers of economically disadvantaged in- dividuals and that an alternative formula will result in such a distribution; and (2) includes a proposal for such an alter- native formula. (c) Minimum grant amount (1) In general No institution or consortium shall receive an allocation under this section in an amount that is less than $50,000. (2) Redistribution Any amounts that are not distributed by reason of paragraph (1) shall be redistributed to eligible institutions or consortia in accord- ance with this section. (Pub. L. 88–210, title I, § 132, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 730.) Editorial Notes PRIOR PROVISIONS A prior section 2352, Pub. L. 88–210, title I, § 132, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3112, related to distribution of funds for postsecondary voca- tional and technical education programs, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2352, Pub. L. 88–210, title III, § 302, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2458; amended Pub. L. 101–392, title III, § 301, Sept. 25, 1990, 104 Stat. 786, related to use of funds, prior to the general amendment of this chapter by Pub. L. 105–332. § 2353. Special rules for career and technical education (a) Special rule for minimal allocation (1) General authority Notwithstanding the provisions of sections 2351 and 2352 of this title and in order to make a more equitable distribution of funds for pro- grams serving the areas of greatest economic need, for any program year for which a mini- mal amount is made available by an eligible agency for distribution under section 2351 or 2352 of this title, such eligible agency may dis- tribute such minimal amount for such year— (A) on a competitive basis; or (B) through any alternative method deter- mined by the eligible agency. (2) Minimal amount For purposes of this section, the term ‘‘mini- mal amount’’ means not more than 15 percent of the total amount made available for dis- tribution under section 2322(a)(1) of this title. (b) Redistribution (1) In general In any academic year that an eligible recipi- ent does not expend all of the amounts the eli- gible recipient is allocated for such year under section 2351 or 2352 of this title, such eligible recipient shall return any unexpended amounts to the eligible agency to be reallo- cated under section 2351 or 2352 of this title, as appropriate. (2) Redistribution of amounts returned late in an academic year In any academic year in which amounts are returned to the eligible agency under section 2351 or 2352 of this title and the eligible agency is unable to reallocate such amounts accord- ing to such sections in time for such amounts to be expended in such academic year, the eli- gible agency shall retain such amounts for dis- tribution in combination with amounts pro- vided under section 2322(a)(1) of this title for the following academic year. (c) Construction Nothing in section 2351 or 2352 of this title shall be construed—