20 U.S.C. § 7114 — State use of funds

Page 1467 TITLE 20—EDUCATION § 7114 § 7113. Formula grants to States (a) Reservations From the total amount appropriated under section 7122 of this title for a fiscal year, the Secretary shall reserve— (1) one-half of 1 percent for allotments for payments to the outlying areas, to be distrib- uted among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this subpart; (2) one-half of 1 percent for the Secretary of the Interior for programs under this subpart in schools operated or funded by the Bureau of Indian Education; and (3) 2 percent for technical assistance and ca- pacity building. (b) State allotments (1) Allotment (A) In general Subject to subparagraphs (B) and (C), from the amount appropriated to carry out this subpart that remains after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State hav- ing a plan approved under subsection (c), an amount that bears the same relationship to the remainder as the amount the State re- ceived under subpart 2 of part A of sub- chapter I for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year. (B) Small State minimum No State receiving an allotment under this paragraph shall receive less than one-half of 1 percent of the total amount allotted under this paragraph. (C) Puerto Rico The amount allotted under this paragraph to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 per- cent of the total amount allotted under this paragraph. (2) Reallotment If a State does not receive an allotment under this subpart for a fiscal year, the Sec- retary shall reallot the amount of the State’s allotment to the remaining States in accord- ance with this subsection. (c) State plan (1) In general In order to receive an allotment under this section for any fiscal year, a State shall sub- mit a plan to the Secretary, at such time and in such manner as the Secretary may reason- ably require. (2) Contents Each plan submitted by a State under this section shall include the following: (A) A description of how the State edu- cational agency will use funds received under this subpart for State-level activities. (B) A description of how the State edu- cational agency will ensure that awards made to local educational agencies under this subpart are in amounts that are con- sistent with section 7115(a)(2) of this title. (C) Assurances that the State educational agency will— (i) review existing resources and pro- grams across the State and will coordinate any new plans and resources under this subpart with such existing resources and programs; (ii) monitor the implementation of ac- tivities under this subpart and provide technical assistance to local educational agencies in carrying out such activities; and (iii) provide for equitable access for all students to the activities supported under this subpart, including aligning those ac- tivities with the requirements of other Federal laws. (Pub. L. 89–10, title IV, § 4103, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1970.) Editorial Notes PRIOR PROVISIONS A prior section 7113, Pub. L. 89–10, title IV, § 4113, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1739, related to State application to receive allot- ment, prior to the general amendment of this subpart by Pub. L. 114–95. Another prior section 7113, Pub. L. 89–10, title IV, § 4113, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3677, related to State and local educational agency programs, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 4103 of Pub. L. 89–10 was classified to section 3063 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. 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. § 7114. State use of funds (a) In general Each State that receives an allotment under section 7113 of this title for a fiscal year shall— (1) reserve not less than 95 percent of the al- lotment to make allocations to local edu- cational agencies under section 7115 of this title; (2) reserve not more than 1 percent of the al- lotment for the administrative costs of car- rying out its responsibilities under this sub- part, including public reporting on how funds made available under this subpart are being expended by local educational agencies, in- cluding the degree to which the local edu- cational agencies have made progress toward meeting the objectives and outcomes described in section 7116(e)(1)(E) of this title; and (3) use the amount made available to the State and not reserved under paragraphs (1) and (2) for activities described in subsection (b). (b) State activities Each State that receives an allotment under section 7113 of this title shall use the funds Page 1468 TITLE 20—EDUCATION § 7114 available under subsection (a)(3) for activities and programs designed to meet the purposes of this subpart, which may include— (1) providing monitoring of, and training, technical assistance, and capacity building to, local educational agencies that receive an al- lotment under section 7115 of this title; (2) identifying and eliminating State bar- riers to the coordination and integration of programs, initiatives, and funding streams that meet the purposes of this subpart, so that local educational agencies can better coordi- nate with other agencies, schools, and commu- nity-based services and programs; or (3) supporting local educational agencies in providing programs and activities that— (A) offer well-rounded educational experi- ences to all students, as described in section 7117 of this title, including female students, minority students, English learners, chil- dren with disabilities, and low-income stu- dents who are often underrepresented in critical and enriching subjects, which may include— (i) increasing student access to and im- proving student engagement and achieve- ment in— (I) high-quality courses in science, technology, engineering, and mathe- matics, including computer science; (II) activities and programs in music and the arts; (III) foreign languages; (IV) accelerated learning programs that provide— (aa) postsecondary level courses ac- cepted for credit at institutions of higher education, including dual or concurrent enrollment programs, and early college high schools; or (bb) postsecondary level instruction and examinations that are accepted for credit at institutions of higher edu- cation, including Advanced Placement and International Baccalaureate pro- grams; (V) American history, civics, econom- ics, geography, social studies, or govern- ment education; (VI) environmental education; or (VII) other courses, activities, and pro- grams or other experiences that con- tribute to a well-rounded education; or (ii) reimbursing low-income students to cover part or all of the costs of accelerated learning examination fees, as described in clause (i)(IV); (B) foster safe, healthy, supportive, and drug-free environments that support student academic achievement, as described in sec- tion 7118 of this title, which may include— (i) coordinating with any local edu- cational agencies or consortia of such agencies implementing a youth PROMISE plan to reduce exclusionary discipline, as described in section 7118(5)(F) of this title; (ii) supporting local educational agencies to— (I) implement mental health awareness training programs that are evidence- based (to the extent the State deter- mines that such evidence is reasonably available) to provide education to school personnel regarding resources available in the community for students with mental illnesses and other relevant re- sources relating to mental health or the safe de-escalation of crisis situations in- volving a student with a mental illness; or (II) expand access to or coordinate re- sources for school-based counseling and mental health programs, such as through school-based mental health services partnership programs; (iii) providing local educational agencies with resources that are evidence-based (to the extent the State determines that such evidence is reasonably available) address- ing ways to integrate health and safety practices into school or athletic programs; and (iv) disseminating best practices and evaluating program outcomes relating to any local educational agency activities to promote student safety and violence pre- vention through effective communication as described in section 7118(5)(C)(iv) of this title; and (C) increase access to personalized, rig- orous learning experiences supported by technology by— (i) providing technical assistance to local educational agencies to improve the ability of local educational agencies to— (I) identify and address technology readiness needs, including the types of technology infrastructure and access available to the students served by the local educational agency, including com- puter devices, access to school libraries, Internet connectivity, operating sys- tems, software, related network infra- structure, and data security; (II) use technology, consistent with the principles of universal design for learn- ing, to support the learning needs of all students, including children with disabil- ities and English learners; and (III) build capacity for principals, other school leaders, and local edu- cational agency administrators to sup- port teachers in using data and tech- nology to improve instruction and per- sonalize learning; (ii) supporting schools in rural and re- mote areas to expand access to high-qual- ity digital learning opportunities; (iii) developing or using strategies that are innovative or evidence-based (to the extent the State determines that such evi- dence is reasonably available) for the de- livery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology, which may include increased access to on- line dual or concurrent enrollment oppor- tunities, career and technical courses, and programs leading to a recognized postsec- Page 1469 TITLE 20—EDUCATION § 7116 ondary credential (as defined in section 3102 of title 29); (iv) disseminating promising practices related to technology instruction, data se- curity, and the acquisition and implemen- tation of technology tools and applica- tions, including through making such promising practices publicly available on the website of the State educational agen- cy; (v) providing teachers, paraprofessionals, school librarians and media personnel, spe- cialized instructional support personnel, and administrators with the knowledge and skills to use technology effectively, including effective integration of tech- nology, to improve instruction and student achievement, which may include coordina- tion with teacher, principal, and other school leader preparation programs; and (vi) making instructional content widely available through open educational re- sources, which may include providing tools and processes to support local educational agencies in making such resources widely available. (c) Special rule A State that receives a grant under this sub- part for fiscal year 2017 may use the amount made available to the State and not reserved under paragraphs (1) and (2) of subsection (a) for such fiscal year to cover part or all of the fees for accelerated learning examinations taken by low-income students during the 2016-2017 school year, in accordance with subsection (b)(3)(A)(ii). (Pub. L. 89–10, title IV, § 4104, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1971.) Editorial Notes PRIOR PROVISIONS A prior section 7114, Pub. L. 89–10, title IV, § 4114, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1742, related to local educational agency pro- grams, prior to the general amendment of this subpart by Pub. L. 114–95. Another prior section 7114, Pub. L. 89–10, title IV, § 4114, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3679, related to governor’s programs, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 4104 of Pub. L. 89–10 was classified to section 3064 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. 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. § 7115. Allocations to local educational agencies (a) Allocations to local educational agencies (1) In general From the funds reserved by a State under section 7114(a)(1) of this title, the State shall allocate to each local educational agency in the State that has an application approved by the State educational agency under section 7116 of this title an amount that bears the same relationship to the total amount of such reservation as the amount the local edu- cational agency received under subpart 2 of part A of subchapter I for the preceding fiscal year bears to the total amount received by all local educational agencies in the State under such subpart for the preceding fiscal year. (2) Minimum local educational agency alloca- tion No allocation to a local educational agency under this subsection may be made in an amount that is less than $10,000, subject to subsection (b). (3) Consortia Local educational agencies in a State may form a consortium with other surrounding local educational agencies and combine the funds each such agency in the consortium re- ceives under this section to jointly carry out the local activities described in this subpart. (b) Ratable reduction If the amount reserved by the State under sec- tion 7114(a)(1) of this title is insufficient to make allocations to local educational agencies in an amount equal to the minimum allocation described in subsection (a)(2), such allocations shall be ratably reduced. (c) Administrative costs Of the amount received under subsection (a)(2), a local educational agency may reserve not more than 2 percent for the direct adminis- trative costs of carrying out the local edu- cational agency’s responsibilities under this subpart. (Pub. L. 89–10, title IV, § 4105, as added Pub. L. 114–95, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1974.) Editorial Notes PRIOR PROVISIONS A prior section 7115, Pub. L. 89–10, title IV, § 4115, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1745, related to authorized activities, prior to the general amendment of this subpart by Pub. L. 114–95. Another prior section 7115, Pub. L. 89–10, title IV, § 4115, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3681, related to local applications, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 4105 of Pub. L. 89–10 was classified to section 3065 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. 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. § 7116. Local educational agency applications (a) Eligibility To be eligible to receive an allocation under section 7115(a) of this title, a local educational agency shall—