20 U.S.C. § 7345a — Grant program authorized

Page 1527 TITLE 20—EDUCATION § 7345a (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. (c) Applicable funding defined In this section, the term ‘‘applicable funding’’ means funds provided under any of the following provisions: (1) Part A of subchapter II. (2) Part A of subchapter IV. (d) Disbursement Each State educational agency that receives applicable funding for a fiscal year shall dis- burse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. (e) Applicable rules Applicable funding under this section shall be available to carry out local activities authorized under subsection (a). (Pub. L. 89–10, title V, § 5211, formerly title VI, § 6211, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1891; renumbered title V, § 5211, and amended Pub. L. 114–95, title V, §§ 5001(a)(3), 5003(1), Dec. 10, 2015, 129 Stat. 2039–2041.) Editorial Notes PRIOR PROVISIONS A prior section 5211 of Pub. L. 89–10 was renumbered section 4311 and was classified to section 7221j of this title, prior to repeal by Pub. L. 114–95. AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–95, § 5003(1)(A), added subpars. (A) to (D) and struck out former subpars. (A) to (E) which read as follows: ‘‘(A) Part A of subchapter I of this chapter. ‘‘(B) Part A or D of subchapter II of this chapter. ‘‘(C) Subchapter III of this chapter. ‘‘(D) Part A or B of subchapter IV of this chapter. ‘‘(E) Part A of subchapter V of this chapter.’’ Subsec. (b)(1)(A)(ii). Pub. L. 114–95, § 5003(1)(B)(i), struck out ‘‘school’’ before ‘‘locale code’’ and sub- stituted ‘‘41, 42, or 43, as determined by the Secretary;’’ for ‘‘7 or 8, as determined by the Secretary; or’’. Subsec. (b)(1)(C). Pub. L. 114–95, § 5003(1)(B)(ii), (iii), added subpar. (C). Subsec. (c). Pub. L. 114–95, § 5003(1)(C), added pars. (1) and (2) and struck out former pars. (1) to (3) which read as follows: ‘‘(1) Subpart 2 of this part and section 6762(a)(2)(A) of this title. ‘‘(2) Section 7114 of this title. ‘‘(3) Part A of subchapter V of this chapter.’’ 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. § 7345a. Grant program authorized (a) In general The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to carry out activi- ties authorized under any of the following provi- sions: (1) Part A of subchapter I. (2) Part A of subchapter II. (3) Subchapter III. (4) Part A or B of subchapter IV. (b) Allocation (1) Allocation (A) In general Except as provided in paragraphs (3) and (4), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 7345(b) of this title for a fiscal year in an amount equal to the ini- tial 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 preceding fiscal year. (B) Special determination For a local educational agency that is eli- gible under section 7345(b)(1)(C) of this title and is a member of an educational service agency, the Secretary may determine the award amount by subtracting from the ini- tial amount determined under paragraph (2), an amount that is equal to that local edu- cational agency’s per-pupil share of the total amount received by the educational service agency under the provisions described in sec- tion 7345(c) of this title, as long as a deter- mination under this subparagraph would not disproportionately affect any State. (2) Determination of initial amount (A) In general The initial amount referred to in para- graph (1) is equal to $100 multiplied by the total number of students in excess of 50 stu- dents, in average daily attendance at the schools served by the local educational agen- cy, plus $20,000, except that the initial amount may not exceed $60,000. (B) Special rule For any fiscal year for which the amount made available to carry out this part is $265,000,000 or more, subparagraph (A) shall be applied— (i) by substituting ‘‘$25,000’’ for ‘‘$20,000’’; and (ii) by substituting ‘‘$80,000’’ for ‘‘$60,000’’. (3) Ratable adjustment (A) In general If the amount made available to carry out this section for any fiscal year is not suffi- cient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Sec- retary shall ratably reduce such amounts for such year. 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.