20 U.S.C. § 7341 — Short title

Page 1525 TITLE 20—EDUCATION § 7341 Section 7315a, Pub. L. 89–10, title V, § 6142, formerly title VI, § 6142, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1883; renumbered title V, § 6142, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to consolidation and use of funds under a grant of flexibility authority. Section 7315b, Pub. L. 89–10, title V, § 6143, formerly title VI, § 6143, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1883; renumbered title V, § 6143, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to midterm and final performance reviews and penalties regarding grants of flexibility authority. Section 7315c, Pub. L. 89–10, title V, § 6144, formerly title VI, § 6144, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1884; renumbered title V, § 6144, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, provided for renewal of grant of flexibility author- ity. Section 7321, Pub. L. 89–10, title V, § 6151, formerly title VI, § 6151, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1884; renumbered title V, § 6151, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to local flexibility demonstration agree- ments. Section 7321a, Pub. L. 89–10, title V, § 6152, formerly title VI, § 6152, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1888; renumbered title V, § 6152, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to consolidation and use of funds under a local flexibility demonstration agreement. Section 7321b, Pub. L. 89–10, title V, § 6153, formerly title VI, § 6153, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1889; renumbered title V, § 6153, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to limitations on administrative expendi- tures. Section 7321c, Pub. L. 89–10, title V, § 6154, formerly title VI, § 6154, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1889; renumbered title V, § 6154, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to midterm and final performance reviews and penalties regarding local flexibility demonstration agreements. Section 7321d, Pub. L. 89–10, title V, § 6155, formerly title VI, § 6155, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1889; renumbered title V, § 6155, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, provided for renewal of local flexibility dem- onstration agreement. Section 7321e, Pub. L. 89–10, title V, § 6156, formerly title VI, § 6156, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1890; renumbered title V, § 6156, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to transmittal of reports to Congress and limitation on required information. Section 7325, Pub. L. 89–10, title V, § 6161, formerly title VI, § 6161, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1890; renumbered title V, § 6161, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to accountability for adequate yearly progress. Section 7325a, Pub. L. 89–10, title V, § 6162, formerly title VI, § 6162, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1890; renumbered title V, § 6162, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to peer review of State progress. Section 7325b, Pub. L. 89–10, title V, § 6163, formerly title VI, § 6163, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1890; renumbered title V, § 6163, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to provision of technical assistance to States not making adequate yearly progress or meeting annual measurable achievement objectives. Section 7325c, Pub. L. 89–10, title V, § 6164, formerly title VI, § 6164, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1891; renumbered title V, § 6164, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, required annual reports to Congress. Prior sections 7331 and 7332 were omitted in the gen- eral amendment of former subchapter VI by Pub. L. 107–110. Section 7331, Pub. L. 89–10, title VI, § 6201, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3709; amended Pub. L. 105–278, § 2(1), Oct. 22, 1998, 112 Stat. 2682, related to State uses of funds. Section 7332, Pub. L. 89–10, title VI, § 6202, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3710, related to State applications. AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–95, § 5002(5)(A)(i), sub- stituted ‘‘all, or any lesser amount, of State funds’’ for ‘‘not more than 50 percent of the nonadministrative State funds’’ in introductory provisions, added subpars. (A) to (C), and struck out former subpars. (A) to (D) which read as follows: ‘‘(A) Section 6613(a)(3) of this title. ‘‘(B) Section 6762(a)(1) of this title. ‘‘(C) Subsections (a)(1) (with the agreement of the Governor) and (c)(1) of section 7112 of this title and sec- tion 7172(c)(3) of this title. ‘‘(D) Section 7211a(b) of this title.’’ Pub. L. 114–95, § 5002(3), substituted ‘‘part’’ for ‘‘sub- part’’ in introductory provisions. Subsec. (a)(2). Pub. L. 114–95, § 5002(5)(A)(ii), added par. (2) and struck out former par. (2). Prior to amend- ment, text read as follows: ‘‘In accordance with this subpart and subject to the 50 percent limitation de- scribed in paragraph (1), a State may transfer any funds allotted to the State under a provision listed in paragraph (1) to its allotment under subchapter I of this chapter.’’ Subsec. (b)(1)(A). Pub. L. 114–95, § 5002(3), (5)(B)(i)(I), substituted ‘‘part’’ for ‘‘subpart’’ and ‘‘may transfer all, or any lesser amount, of the funds allocated to it’’ for ‘‘(except a local educational agency identified for im- provement under section 6316(c) of this title or subject to corrective action under section 6316(c)(9) of this title) may transfer not more than 50 percent of the funds allocated to it (including funds transferred under subparagraph (C))’’. Subsec. (b)(1)(B), (C). Pub. L. 114–95, § 5002(5)(B)(i)(II), added subpar. (B) and struck out former subpars. (B) and (C) which permitted transfers of allocated funds for agencies identified for improvement and for additional funds for subchapter I. Subsec. (b)(2). Pub. L. 114–95, § 5002(5)(B)(ii), sub- stituted ‘‘subparagraph (A) or (B)’’ for ‘‘subparagraph (A), (B), or (C)’’ in introductory provisions, added sub- pars. (A) and (B), and struck out former subpars. (A) to (D) which read as follows: ‘‘(A) Section 6621 of this title. ‘‘(B) Section 6762(a)(2)(A) of this title. ‘‘(C) Section 7112(b)(1) of this title. ‘‘(D) Section 7211a(a) of this title.’’ Subsec. (c). Pub. L. 114–95, § 5002(5)(C), added subsec. (c) and struck out former subsec. (c). Prior to amend- ment, text read as follows: ‘‘A State or a local edu- cational agency may not transfer under this subpart to any other program any funds allotted or allocated to it for part A of subchapter I of this chapter.’’ Subsec. (e)(1). Pub. L. 114–95, § 5002(3), substituted ‘‘part’’ for ‘‘subpart’’. Subsec. (e)(2). Pub. L. 114–95, § 5002(5)(D), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 7881 of this title. 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. PART B—RURAL EDUCATION INITIATIVE § 7341. Short title This part may be cited as the ‘‘Rural Edu- cation Achievement Program’’. Page 1526 TITLE 20—EDUCATION § 7341a (Pub. L. 89–10, title V, § 5201, formerly title VI, § 6201, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1891; renumbered title V, § 5201, Pub. L. 114–95, title V, § 5001(a)(2), Dec. 10, 2015, 129 Stat. 2039, 2040.) Editorial Notes PRIOR PROVISIONS A prior section 5201 of Pub. L. 89–10 was renumbered section 4301 and was classified to section 7221 of this title, prior to repeal by Pub. L. 114–95. Another prior section 5201 of Pub. L. 89–10 was classi- fied to section 7231 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110. § 7341a. Purpose It is the purpose of this part to address the unique needs of rural school districts that fre- quently— (1) lack the personnel and resources needed to compete effectively for Federal competitive grants; and (2) receive formula grant allocations in amounts too small to be effective in meeting their intended purposes. (Pub. L. 89–10, title V, § 5202, formerly title VI, § 6202, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1891; renumbered title V, § 5202, Pub. L. 114–95, title V, § 5001(a)(2), Dec. 10, 2015, 129 Stat. 2039, 2040.) Editorial Notes PRIOR PROVISIONS A prior section 5202 of Pub. L. 89–10 was renumbered section 4302 and was classified to section 7221a of this title, prior to repeal by Pub. L. 114–95. Another prior section 5202 of Pub. L. 89–10 was classi- fied to section 7232 of this title, prior to the general amendment of former subchapter V of this chapter by Pub. L. 107–110. Statutory Notes and Related Subsidiaries REVIEW RELATING TO RURAL LOCAL EDUCATIONAL AGENCIES Pub. L. 114–95, title V, § 5005, Dec. 10, 2015, 129 Stat. 2045, provided that: ‘‘(a) REVIEW AND REPORT.—Not later than 18 months after the date of enactment of this Act [Dec. 10, 2015], the Secretary of Education shall— ‘‘(1) review the organization, structure, and process and procedures of the Department of Education for administering its programs and developing policy and regulations, in order to— ‘‘(A) assess the methods and manner through which, and the extent to which, the Department of Education takes into account, considers input from, and addresses the unique needs and charac- teristics of rural schools and rural local edu- cational agencies; and ‘‘(B) determine actions that the Department of Education can take to meaningfully increase the consideration and participation of rural schools and rural local educational agencies in the development and execution of the processes, procedures, policies, and regulations of the Department of Education; ‘‘(2) make public a preliminary report containing the information described in paragraph (1) and pro- vide Congress and the public with 60 days to comment on the proposed actions described in paragraph (1)(B); and ‘‘(3) issue a final report to the Committee on Health, Education, Labor, and Pensions of the Sen- ate, and the Committee on Education and the Work- force of the House of Representatives, which shall de- scribe the final actions developed pursuant to para- graph (1)(B) after taking into account the comments submitted under paragraph (2). ‘‘(b) IMPLEMENTATION.—Not later than 2 years after the date of enactment of this Act [Dec. 10, 2015], the Secretary of Education shall— ‘‘(1) carry out each action described in the report under subsection (a)(3); or ‘‘(2) in a case in which an action is not carried out, provide a written explanation to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives of why the action was not carried out.’’ SUBPART 1—SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM § 7345. Use of applicable funding (a) Alternative uses (1) In general Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding that the agency is eligi- ble to receive from the State educational agency for a fiscal year to carry out local ac- tivities authorized under any of the following provisions: (A) Part A of subchapter I. (B) Part A of subchapter II. (C) Subchapter III. (D) Part A or B of subchapter IV. (2) Notification An eligible local educational agency shall notify the State educational agency of the local educational agency’s intention to use the applicable funding in accordance with para- graph (1), by a date that is established by the State educational agency for the notification. (b) Eligibility (1) In general A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if— (A)(i)(I) the total number of students in average daily attendance at all of the schools served by the local educational agen- cy is fewer than 600; or (II) each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and (ii) all of the schools served by the local educational agency are designated with a lo- cale code of 41, 42, or 43, as determined by the Secretary; (B) the agency meets the criteria estab- lished in subparagraph (A)(i) and the Sec- retary, in accordance with paragraph (2), grants the local educational agency’s re- quest to waive the criteria described in sub- paragraph (A)(ii); or (C) the local educational agency is a mem- ber of an educational service agency that does not receive funds under this subpart and the local educational agency meets the requirements of this part. (2) Certification The Secretary shall determine whether to waive the criteria described in paragraph