20 U.S.C. § 7351 — Program authorized

Page 1528 TITLE 20—EDUCATION § 7345b (B) Additional amounts If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were re- duced. (4) Hold harmless For a local educational agency that is not eligible under this subpart due to amendments made by the Every Student Succeeds Act to section 7345(b)(1)(A)(ii) of this title but met the eligibility requirements under section 7345(b) of this title as such section was in ef- fect on the day before December 10, 2015, the agency shall receive— (A) for fiscal year 2017, 75 percent of the amount such agency received for fiscal year 2015; (B) for fiscal year 2018, 50 percent of the amount such agency received for fiscal year 2015; and (C) for fiscal year 2019, 25 percent of the amount such agency received for fiscal year 2015. (c) Disbursement The Secretary shall disburse the funds award- ed to a local educational agency under this sec- tion for a fiscal year not later than July 1 of that fiscal year. (Pub. L. 89–10, title V, § 5212, formerly title VI, § 6212, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1892; renumbered title V, § 5212, and amended Pub. L. 114–95, title V, §§ 5001(a)(3), 5003(2), Dec. 10, 2015, 129 Stat. 2039, 2040, 2042.) Editorial Notes REFERENCES IN TEXT Amendments made by the Every Student Succeeds Act to section 7345(b)(1)(A)(ii) of this title, referred to in subsec. (b)(4), mean the amendments made to section 7345(b)(1)(A)(ii) of this title by Pub. L. 114–95, title V, § 5003(1)(B)(i), Dec. 10, 2015, 129 Stat. 2041. See 2015 Amendment note under section 7345 of this title. Section 7345(b) of this title as such section was in ef- fect on the day before December 10, 2015, referred to in subsec. (b)(4), means section 7345(b) of this title prior to amendment by Pub. L. 114–95, title V, §§ 5001(a)(3), 5003(1)(B), Dec. 10, 2015, 129 Stat. 2039–2041. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 5003(2)(A), added pars. (1) to (4) and struck out former pars. (1) to (5) which read as follows: ‘‘(1) Part A of subchapter I of this chapter. ‘‘(2) Part A or D of subchapter II of this chapter. ‘‘(3) Subchapter III of this chapter. ‘‘(4) Part A or B of subchapter IV of this chapter. ‘‘(5) Part A of subchapter V of this chapter.’’ Subsec. (b)(1). Pub. L. 114–95, § 5003(2)(B)(i), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) of this section to a local educational agency eligible under section 7345(b) of this title 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 for the pre- ceding fiscal year.’’ Subsec. (b)(2). Pub. L. 114–95, § 5003(2)(B)(ii), added par. (2) and struck out former par. (2). Prior to amend- ment, text read as follows: ‘‘The initial amount re- ferred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000.’’ Subsec. (b)(4). Pub. L. 114–95, § 5003(2)(B)(iii), added par. (4). Subsec. (d). Pub. L. 114–95, § 5003(2)(C), struck out sub- sec. (d). Text read as follows: ‘‘A local educational agency that is eligible to receive a grant under this subpart for a fiscal year is not eligible to receive funds for such fiscal year under subpart 2 of this part.’’ 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. § 7345b. Repealed. Pub. L. 114–95, title V, § 5003(3), Dec. 10, 2015, 129 Stat. 2043 Section, Pub. L. 89–10, title V, § 5213, formerly title VI, § 6213, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1893; renumbered title V, § 5213, Pub. L. 114–95, title V, § 5001(a)(3), Dec. 10, 2015, 129 Stat. 2039, 2040, related to accountability for educational agencies receiving funds. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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 2—RURAL AND LOW-INCOME SCHOOL PROGRAM § 7351. Program authorized (a) Grants to States (1) In general From amounts appropriated under section 7355c of this title for this subpart for a fiscal year that are not reserved under subsection (c), the Secretary shall award grants (from al- lotments made under paragraph (2)) for the fis- cal year to State educational agencies that have applications submitted under section 7351b of this title approved to enable the State educational agencies to award grants to eligi- ble local educational agencies for local au- thorized activities described in section 7351a(a) of this title. (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 edu- cational 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. Page 1529 TITLE 20—EDUCATION § 7351 (3) Specially qualified agencies (A) Eligibility and application If a State educational agency elects not to participate in the program under this sub- part or does not have an application sub- mitted under section 7351b of this title ap- proved, a specially qualified agency in such State desiring a grant under this subpart may submit an application under such sec- tion directly to the Secretary to receive an award under this subpart. (B) Direct awards The Secretary may award, on a competi- tive basis or by formula, the amount the State educational agency is eligible to re- ceive under paragraph (2) directly to a spe- cially 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 quali- fied agency’’ means an eligible local edu- cational agency served by a State edu- cational agency that does not participate in a program under this subpart in a fiscal year, that may apply directly to the Sec- retary 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 estab- lished in clause (i) of subparagraph (A) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s re- quest 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 de- fined 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 attend- ance 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 edu- cational agency demonstrates, to the satis- faction of the Secretary, that the alter- native formula enables the State edu- cational agency to allot the grant funds in a manner that serves equal or greater con- centrations 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 for- mula described in subparagraph (B). (c) Reservations From amounts appropriated under section 7355c of this title 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 oper- ated or supported by the Bureau of Indian Education, to carry out the activities author- ized under this subpart; and (2) one-half of 1 percent to make awards to the outlying areas in accordance with their re- spective needs, to carry out the activities au- thorized under this subpart. (Pub. L. 89–10, title V, § 5221, formerly title VI, § 6221, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1894; renumbered title V, § 5221, and amended Pub. L. 114–95, title V, §§ 5001(a)(4), (b)(3), (4), 5003(4), Dec. 10, 2015, 129 Stat. 2039, 2040, 2043.) Editorial Notes PRIOR PROVISIONS A prior section 7351, Pub. L. 89–10, title VI, § 6301, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3711; amended Pub. L. 105–278, § 2(2), Oct. 22, 1998, 112 Stat. 2682, related to targeted use of funds for local in- novative education programs, prior to the general amendment of former subchapter VI of this chapter by Pub. L. 107–110. A prior section 5221 of Pub. L. 89–10 was classified to section 7223 of this title, prior to repeal by Pub. L. 114–95. AMENDMENTS 2015—Subsec. (a)(1), (3)(A). Pub. L. 114–95, §§ 5001(b)(3), (4), 5003(4)(A), made technical amendments to ref- erences in original act which appear in text as ref- erences to sections 7355c, 7351b, and 7351a(a) of this title. Subsec. (b)(1)(A). Pub. L. 114–95, § 5003(4)(B)(i)(I), (II), designated existing provisions as cl. (i) and redesig- nated subpar. (B) as cl. (ii). Subsec. (b)(1)(A)(ii). Pub. L. 114–95, § 5003(4)(B)(i)(III)(aa), (bb), struck out ‘‘school’’ before ‘‘locale code’’ and substituted ‘‘32, 33, 41, 42, or 43’’ for ‘‘6, 7, or 8’’. Subsec. (b)(1)(B). Pub. L. 114–95, § 5003(4)(B)(i)(III)(cc), (IV), added subpar. (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A). Subsec. (b)(2), (3). Pub. L. 114–95, § 5003(4)(B)(ii), (iii), added par. (2) and redesignated former par. (2) as (3). Subsec. (c). Pub. L. 114–95, § 5001(b)(4), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7355c of this title. Subsec. (c)(1). Pub. L. 114–95, § 5003(4)(C), substituted ‘‘Bureau of Indian Education’’ for ‘‘Bureau of Indian Affairs’’. 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. Page 1530 TITLE 20—EDUCATION § 7351a L. 114–95, set out as a note under section 6301 of this title. RURAL AND LOW-INCOME SCHOOL PROGRAM ADJUSTMENTS Pub. L. 116–260, div. H, title III, § 316, Dec. 27, 2020, 134 Stat. 1610, provided that: ‘‘(a) HOLD HARMLESS.—For the purpose of making awards under section 5221 of the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. 7351) for a fiscal year during the period described in subsection (c), the Secretary of Education and each State educational agency shall treat as eligible to receive a grant under such section— ‘‘(1) any local educational agency that meets the eligibility requirements described in section 5221(b)(1) of such Act [20 U.S.C. 7351(b)(1)] for such fiscal year, in accordance with subsection (d); and ‘‘(2) notwithstanding such section 5221(b)(1), any local educational agency that does not meet the eli- gibility requirements described in such section for such fiscal year if— ‘‘(A) the local educational agency received a grant under section 5221 of such Act for fiscal year 2019; ‘‘(B) for fiscal year 2019, less than 20 percent of the children ages 5 through 17 years served by the local educational agency were from families with incomes below the poverty line, as determined by data from the Small Area Income and Poverty Esti- mates of the Bureau of the Census; ‘‘(C) the award for fiscal year 2019 was based on alternative poverty data submitted by the State to the Secretary despite data being available from the Small Area Income and Poverty Estimates of the Bureau of the Census; and ‘‘(D) the local educational agency meets the eligi- bility criteria described in section 5221(b)(1)(A)(ii) of such Act [20 U.S.C. 7351(b)(1)(A)(ii)], or has ob- tained a waiver under section 5221(b)(2) of such Act [20 U.S.C. 7351(b)(2)], for the fiscal year for which the eligibility determination is being made. ‘‘(b) LIMITATIONS.— ‘‘(1) LIMITS ON LOCAL EDUCATIONAL AGENCY AWARDS.—For the purposes of making an award under section 5221(b) of the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C. 7351(b)) to local edu- cational agencies described in subsection (a)(2) for a fiscal year during the period described in subsection (c), a State educational agency shall provide an award to each such local educational agency for such fiscal year that is not larger than— ‘‘(A) for fiscal year 2021, 100 percent of the amount such local educational agency received for fiscal year 2019; ‘‘(B) for fiscal year 2022, 100 percent of the amount such local educational agency received for fiscal year 2019; ‘‘(C) for fiscal year 2023, 83.33 percent of the amount such local educational agency received for fiscal year 2019; ‘‘(D) for fiscal year 2024, 66.67 percent of the amount such local educational agency received for fiscal year 2019; ‘‘(E) for fiscal year 2025, 50 percent of the amount such local educational agency received for fiscal year 2019; ‘‘(F) for fiscal year 2026, 33.33 percent of the amount such local educational agency received for fiscal year 2019; and ‘‘(G) for fiscal year 2027, 16.67 percent of the amount such local educational agency received for fiscal year 2019. ‘‘(2) ADJUSTMENTS TO STATE ALLOCATIONS.—In deter- mining grant amounts for each State educational agency under section 5221(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351(a)(2)) for each fiscal year during the period described in subsection (c), the Secretary of Education shall re- duce the amount that the State educational agency would otherwise receive by the combined amount of any reductions in grant awards required under para- graph (1) for such year for the local educational agen- cies described in subsection (a)(2) that are served by the State educational agency. ‘‘(c) APPLICABILITY.—Subsections (a) and (b) shall be in effect during the period— ‘‘(1) beginning on the first day of the fiscal year in which this Act [div. H of Pub. L. 116–260, see Tables for classification] is enacted; and ‘‘(2) ending on the earlier of— ‘‘(A) September 30, 2027; or ‘‘(B) the last day of the fiscal year in which an Act that reauthorizes the rural and low-income school program under subpart 2 of part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351 et seq.) is enacted. ‘‘(d) USE OF DATA MEASURES.—Except as provided in subsection (a)(2), for the purpose of making awards under section 5221 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351) for any fiscal year— ‘‘(1) if data are available from the Small Area In- come and Poverty Estimates of the Bureau of the Census to determine a local educational agency’s en- rollment of children from families with incomes below the poverty line as described in section 5221(b)(1)(A)(i) of such Act [20 U.S.C. 7351(b)(1)(A)(i)], the Secretary of Education and each State edu- cational agency shall not use alternative poverty data in determining such local educational agency’s eligibility under such section; and ‘‘(2) if data are not available from the Small Area Income and Poverty Estimates of the Bureau of the Census to determine a local educational agency’s en- rollment of children from families with incomes below the poverty line as described in such section 5221(b)(1)(A)(i), the Secretary and the State edu- cational agency shall determine such local edu- cational agency’s eligibility under such section using the same State-derived poverty data used to deter- mine local educational agency allocations under part A of title I of the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C. 6311 et seq.).’’ § 7351a. Uses of funds (a) Local awards Grant funds awarded to local educational agencies under this subpart shall be used for any of the following: (1) Activities authorized under part A of sub- chapter I. (2) Activities authorized under part A of sub- chapter II. (3) Activities authorized under subchapter III. (4) Activities authorized under part A of sub- chapter IV. (5) Parental involvement activities. (b) Administrative costs A State educational agency receiving a grant under this subpart may not use more than 5 per- cent of the amount of the grant for State admin- istrative costs and to provide technical assist- ance to eligible local educational agencies. (Pub. L. 89–10, title V, § 5222, formerly title VI, § 6222, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1895; renumbered title V, § 5222, and amended Pub. L. 114–95, title V, §§ 5001(a)(4), 5003(5), Dec. 10, 2015, 129 Stat. 2039, 2040, 2043.)