20 U.S.C. § 6312 — Local educational agency plans

Page 1347 TITLE 20—EDUCATION § 6312 1 So in original. Probably should be ‘‘(29 U.S.C. 701 et seq.),’’. The National Assessment of Educational Progress Authorization Act, referred to in subsec. (a)(1)(B), is title III of Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1982, which is classified generally to subchapter III (§ 9621 et seq.) of chapter 76 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 9501 of this title and Tables. The McKinney-Vento Homeless Assistance Act, re- ferred to in subsec. (a)(1)(B), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482, which is classified principally to chapter 119 (§ 11301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 11301 of Title 42 and Tables. The Adult Education and Family Literacy Act, re- ferred to in subsec. (a)(1)(B), is title II of Pub. L. 113–128, July 22, 2014, 128 Stat. 1608, which is classified generally to subchapter II (§ 3271 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3101 of Title 29 and Tables. Public Law 93–112, referred to in subsec. (b)(1)(E)(i)(V), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, known as the Rehabilitation Act of 1973, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. July 22, 2014, refers to the date of enactment of title IV (§ 401 et seq.) of Pub. L. 113–128, 128 Stat. 1631, which amended numerous sections in the Act. For com- plete classification of Pub. L. 93–112 to the Code, see Short Title note set out under section 701 of Title 29 and Tables. For complete classification of title IV of Pub. L. 113–128 to the Code, see Tables. The Social Security Act, referred to in subsec. (g)(1)(E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts B and E of title IV of the Act are classified generally to parts B (§ 620 et seq.) and E (§ 670 et seq.), respec- tively, of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. PRIOR PROVISIONS A prior section 6311, Pub. L. 89–10, title I, § 1111, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3523; amended Pub. L. 104–134, title I, § 101(d) [title VII, § 703(b)(1)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–254; re- numbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1603], Dec. 21, 2000, 114 Stat. 2763, 2763A–328, related to State plans, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1111 of Pub. L. 89–10 was classified to section 2768 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. AMENDMENTS 2019—Subsec. (h)(1)(C)(ii). Pub. L. 116–92 struck out ‘‘on active duty (as defined in section 101(d)(5) of such title)’’ after ‘‘section 101(a)(4) of title 10)’’. 2018—Subsec. (h)(1)(C)(xiv). Pub. L. 115–224 sub- stituted ‘‘meeting State determined levels of perform- ance for core indicators, as defined by section 113(b)(3)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)(3)(A)), and re- ported by States only in a manner consistent with sec- tion 113(b)(3)(C) of such Act (20 U.S.C. 2323(b)(3)(C))’’ for ‘‘attaining career and technical proficiencies (as de- fined by section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)) and reported by States only in a manner consistent with section 113(c) of such Act (20 U.S.C. 2323(c))’’. 2015—Pub. L. 114–95 amended section generally. Prior to amendment, section related to State plan to adopt challenging academic standards to be applied to all schools and children in the State and penalties for fail- ure to meet deadlines enacted in 1994 and 2001. 2006—Subsec. (a)(1). Pub. L. 109–270 substituted ‘‘Carl D. Perkins Career and Technical Education Act of 2006’’ for ‘‘Carl D. Perkins Vocational and Technical Edu- cation Act of 1998’’. 2004—Subsec. (b)(2)(I)(ii). Pub. L. 108–446 substituted ‘‘section 612(a)(16)(A)’’ for ‘‘section 612(a)(17)(A)’’. 2002—Subsec. (c)(2). Pub. L. 107–279 substituted ‘‘sec- tion 9622(b)(2) of this title’’ for ‘‘section 9010(b)(2) of this title’’. 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. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, with separate effective dates for subsecs. (b)(2), (c), and (d) and with special rules for implementation of inter- ventions at certain schools and local educational agen- cies, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6312. Local educational agency plans (a) Plans required (1) Subgrants A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that— (A) is developed with timely and meaning- ful consultation with teachers, principals, other school leaders, paraprofessionals, spe- cialized instructional support personnel, charter school leaders (in a local educational agency that has charter schools), adminis- trators (including administrators of pro- grams described in other parts of this sub- chapter), other appropriate school personnel, and with parents of children in schools served under this part; and (B) as appropriate, is coordinated with other programs under this chapter, the Indi- viduals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 et seq.),1 the Carl D. Per- kins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Workforce In- novation and Opportunity Act (29 U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the McKinney-Vento Homeless Assist- ance Act (42 U.S.C. 11301 et seq.), the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.), and other Acts as appro- priate. (2) Consolidated application The plan may be submitted as part of a con- solidated application under section 7845 of this title. (3) State approval (A) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency. (B) Approval The State educational agency shall ap- prove a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan— Page 1348 TITLE 20—EDUCATION § 6312 (i) provides that schools served under this part substantially help children served under this part meet the chal- lenging State academic standards; and (ii) meets the requirements of this sec- tion. (4) Duration Each local educational agency plan shall be submitted for the first year for which this part is in effect following December 10, 2015, and shall remain in effect for the duration of the agency’s participation under this part. (5) Review Each local educational agency shall periodi- cally review and, as necessary, revise its plan. (6) Rule of construction Consultation required under paragraph (1)(A) shall not interfere with the timely sub- mission of the plan required under this sec- tion. (b) Plan provisions To ensure that all children receive a high- quality education, and to close the achievement gap between children meeting the challenging State academic standards and those children who are not meeting such standards, each local educational agency plan shall describe— (1) how the local educational agency will monitor students’ progress in meeting the challenging State academic standards by— (A) developing and implementing a well- rounded program of instruction to meet the academic needs of all students; (B) identifying students who may be at risk for academic failure; (C) providing additional educational as- sistance to individual students the local edu- cational agency or school determines need help in meeting the challenging State aca- demic standards; and (D) identifying and implementing instruc- tional and other strategies intended to strengthen academic programs and improve school conditions for student learning; (2) how the local educational agency will identify and address, as required under State plans as described in section 6311(g)(1)(B) of this title, any disparities that result in low-in- come students and minority students being taught at higher rates than other students by ineffective, inexperienced, or out-of-field teachers; (3) how the local educational agency will carry out its responsibilities under paragraphs (1) and (2) of section 6311(d) of this title; (4) the poverty criteria that will be used to select school attendance areas under section 6313 of this title; (5) in general, the nature of the programs to be conducted by such agency’s schools under sections 6314 and 6315 of this title and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in commu- nity day school programs; (6) the services the local educational agency will provide homeless children and youths, in- cluding services provided with funds reserved under section 6313(c)(3)(A) of this title, to sup- port the enrollment, attendance, and success of homeless children and youths, in coordina- tion with the services the local educational agency is providing under the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.); (7) the strategy the local educational agency will use to implement effective parent and family engagement under section 6318 of this title; (8) if applicable, how the local educational agency will support, coordinate, and integrate services provided under this part with early childhood education programs at the local educational agency or individual school level, including plans for the transition of partici- pants in such programs to local elementary school programs; (9) how teachers and school leaders, in con- sultation with parents, administrators, para- professionals, and specialized instructional support personnel, in schools operating a tar- geted assistance school program under section 6315 of this title, will identify the eligible chil- dren most in need of services under this part; (10) how the local educational agency will implement strategies to facilitate effective transitions for students from middle grades to high school and from high school to postsec- ondary education including, if applicable— (A) through coordination with institutions of higher education, employers, and other local partners; and (B) through increased student access to early college high school or dual or concur- rent enrollment opportunities, or career counseling to identify student interests and skills; (11) how the local educational agency will support efforts to reduce the overuse of dis- cipline practices that remove students from the classroom, which may include identifying and supporting schools with high rates of dis- cipline, disaggregated by each of the sub- groups of students, as defined in section 6311(c)(2) of this title; (12) if determined appropriate by the local educational agency, how such agency will sup- port programs that coordinate and integrate— (A) academic and career and technical edu- cation content through coordinated instruc- tional strategies, that may incorporate ex- periential learning opportunities and pro- mote skills attainment important to in-de- mand occupations or industries in the State; and (B) work-based learning opportunities that provide students in-depth interaction with industry professionals and, if appropriate, academic credit; and (13) any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appro- priate to provide, which may include how the local educational agency will— (A) assist schools in identifying and serv- ing gifted and talented students; and Page 1349 TITLE 20—EDUCATION § 6312 2 So in original. The word ‘‘and’’ probably should not appear. (B) assist schools in developing effective school library programs to provide students an opportunity to develop digital literacy skills and improve academic achievement. (c) Assurances Each local educational agency plan shall pro- vide assurances that the local educational agen- cy will— (1) ensure that migratory children and for- merly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; (2) provide services to eligible children at- tending private elementary schools and sec- ondary schools in accordance with section 6320 of this title, and timely and meaningful con- sultation with private school officials regard- ing such services; (3) participate, if selected, in the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 carried out under section 9622(b)(3) of this title; (4) coordinate and integrate services pro- vided under this part with other educational services at the local educational agency or in- dividual school level, such as services for English learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, and homeless children and youths, in order to in- crease program effectiveness, eliminate dupli- cation, and reduce fragmentation of the in- structional program; (5) collaborate with the State or local child welfare agency to— (A) designate a point of contact if the cor- responding child welfare agency notifies the local educational agency, in writing, that the agency has designated an employee to serve as a point of contact for the local edu- cational agency; and (B) by not later than 1 year after Decem- ber 10, 2015, develop and implement clear written procedures governing how transpor- tation to maintain children in foster care in their school of origin when in their best in- terest will be provided, arranged, and funded for the duration of the time in foster care, which procedures shall— (i) ensure that children in foster care needing transportation to the school of or- igin will promptly receive transportation in a cost-effective manner and in accord- ance with section 675(4)(A) of title 42; and (ii) ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if— (I) the local child welfare agency agrees to reimburse the local edu- cational agency for the cost of such transportation; (II) the local educational agency agrees to pay for the cost of such trans- portation; or (III) the local educational agency and the local child welfare agency agree to share the cost of such transportation; and 2 (6) ensure that all teachers and paraprofes- sionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, in- cluding any requirements for certification ob- tained through alternative routes to certifi- cation; and (7) in the case of a local educational agency that chooses to use funds under this part to provide early childhood education services to low-income children below the age of compul- sory school attendance, ensure that such serv- ices comply with the performance standards established under section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)). (d) Special rule For local educational agencies using funds under this part for the purposes described in subsection (c)(7), the Secretary shall— (1) consult with the Secretary of Health and Human Services and establish procedures (tak- ing into consideration existing State and local laws, and local teacher contracts) to assist local educational agencies to comply with such subsection; and (2) disseminate to local educational agencies the education performance standards in effect under section 641A(a) of the Head Start Act (42 U.S.C. 9836a(a)), and such agencies affected by such subsection (c)(7) shall plan to comply with such subsection (taking into consider- ation existing State and local laws, and local teacher contracts), including by pursuing the availability of other Federal, State, and local funding sources to assist with such compli- ance. (e) Parents right-to-know (1) Information for parents (A) In general At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the par- ents on request (and in a timely manner), in- formation regarding the professional quali- fications of the student’s classroom teach- ers, including at a minimum, the following: (i) Whether the student’s teacher— (I) has met State qualification and li- censing criteria for the grade levels and subject areas in which the teacher pro- vides instruction; (II) is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived; and (III) is teaching in the field of dis- cipline of the certification of the teach- er. (ii) Whether the child is provided serv- ices by paraprofessionals and, if so, their qualifications. Page 1350 TITLE 20—EDUCATION § 6312 (B) Additional information In addition to the information that par- ents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent of a child who is a student in such school, with respect to such student— (i) information on the level of achieve- ment and academic growth of the student, if applicable and available, on each of the State academic assessments required under this part; and (ii) timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certifi- cation or licensure requirements at the grade level and subject area in which the teacher has been assigned. (2) Testing transparency (A) In general At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the local educational agency will provide the parents on request (and in a timely manner), information regarding any State or local educational agency policy re- garding student participation in any assess- ments mandated by section 6311(b)(2) of this title and by the State or local educational agency, which shall include a policy, proce- dure, or parental right to opt the child out of such assessment, where applicable. (B) Additional information Subject to subparagraph (C), each local educational agency that receives funds under this part shall make widely available through public means (including by posting in a clear and easily accessible manner on the local educational agency’s website and, where practicable, on the website of each school served by the local educational agen- cy) for each grade served by the local edu- cational agency, information on each assess- ment required by the State to comply with section 6311 of this title, other assessments required by the State, and where such infor- mation is available and feasible to report, assessments required districtwide by the local educational agency, including— (i) the subject matter assessed; (ii) the purpose for which the assessment is designed and used; (iii) the source of the requirement for the assessment; and (iv) where such information is avail- able— (I) the amount of time students will spend taking the assessment, and the schedule for the assessment; and (II) the time and format for dissemi- nating results. (C) Local educational agency that does not operate a website In the case of a local educational agency that does not operate a website, such local educational agency shall determine how to make the information described in subpara- graph (A) widely available, such as through distribution of that information to the media, through public agencies, or directly to parents. (3) Language instruction (A) Notice Each local educational agency using funds under this part or subchapter III to provide a language instruction educational program as determined under subchapter III shall, not later than 30 days after the beginning of the school year, inform parents of an English learner identified for participation or participating in such a program, of— (i) the reasons for the identification of their child as an English learner and in need of placement in a language instruc- tion educational program; (ii) the child’s level of English pro- ficiency, how such level was assessed, and the status of the child’s academic achieve- ment; (iii) the methods of instruction used in the program in which their child is, or will be, participating and the methods of in- struction used in other available pro- grams, including how such programs differ in content, instructional goals, and the use of English and a native language in in- struction; (iv) how the program in which their child is, or will be, participating will meet the educational strengths and needs of their child; (v) how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and gradua- tion; (vi) the specific exit requirements for the program, including the expected rate of transition from such program into class- rooms that are not tailored for English learners, and the expected rate of gradua- tion from high school (including four-year adjusted cohort graduation rates and ex- tended-year adjusted cohort graduation rates for such program) if funds under this part are used for children in high schools; (vii) in the case of a child with a dis- ability, how such program meets the ob- jectives of the individualized education program of the child, as described in sec- tion 614(d) of the Individuals with Disabil- ities Education Act (20 U.S.C. 1414(d)); and (viii) information pertaining to parental rights that includes written guidance— (I) detailing the right that parents have to have their child immediately re- moved from such program upon their re- quest; (II) detailing the options that parents have to decline to enroll their child in such program or to choose another pro- gram or method of instruction, if avail- able; and (III) assisting parents in selecting among various programs and methods of Page 1351 TITLE 20—EDUCATION § 6312 instruction, if more than 1 program or method is offered by the eligible entity. (B) Special rule applicable during the school year For those children who have not been iden- tified as English learners prior to the begin- ning of the school year but are identified as English learners during such school year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being placed in a language instruc- tion educational program consistent with subparagraph (A). (C) Parental participation (i) In general Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of English learners to inform the parents re- garding how the parents can— (I) be involved in the education of their children; and (II) be active participants in assisting their children to— (aa) attain English proficiency; (bb) achieve at high levels within a well-rounded education; and (cc) meet the challenging State aca- demic standards expected of all stu- dents. (ii) Regular meetings Implementing an effective means of out- reach to parents under clause (i) shall in- clude holding, and sending notice of oppor- tunities for, regular meetings for the pur- pose of formulating and responding to rec- ommendations from parents of students assisted under this part or subchapter III. (D) Basis for admission or exclusion A student shall not be admitted to, or ex- cluded from, any federally assisted edu- cation program on the basis of a surname or language-minority status. (4) Notice and format The notice and information provided to par- ents under this subsection shall be in an un- derstandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (Pub. L. 89–10, title I, § 1112, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1462; amended Pub. L. 107–279, title IV, § 404(d)(2), Nov. 5, 2002, 116 Stat. 1985; Pub. L. 109–270, § 2(f)(2), Aug. 12, 2006, 120 Stat. 747; Pub. L. 110–134, § 29(a), Dec. 12, 2007, 121 Stat. 1448; Pub. L. 114–95, title I, § 1006, Dec. 10, 2015, 129 Stat. 1852.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (a)(1)(B), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified gen- erally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 1400 of this title and Tables. The Rehabilitation Act of 1973, referred to in subsec. (a)(1)(B), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 701 of Title 29 and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (a)(1)(B), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables. The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (a)(1)(B), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of this title, and made amendments to numerous other sec- tions and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Head Start Act, referred to in subsec. (a)(1)(B), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables. The McKinney-Vento Homeless Assistance Act, re- ferred to in subsecs. (a)(1)(B) and (b)(6), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482, which is classified principally to chapter 119 (§ 11301 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables. The Adult Education and Family Literacy Act, re- ferred to in subsec. (a)(1)(B), is title II of Pub. L. 113–128, July 22, 2014, 128 Stat. 1608, which is classified generally to subchapter II (§ 3271 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3101 of Title 29 and Tables. PRIOR PROVISIONS A prior section 6312, Pub. L. 89–10, title I, § 1112, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3529, related to local educational agency plans, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Pub. L. 114–95 amended section generally. Prior to amendment, section related to local educational agency plan to help low-achieving children meet chal- lenging academic achievement standards. 2007—Subsec. (c)(1)(G). Pub. L. 110–134, § 29(a)(1), sub- stituted ‘‘education performance standards in effect under section 9836a(a)(1)(B) of title 42’’ for ‘‘perform- ance standards established under section 9836a(a) of title 42’’. Subsec. (c)(2)(B). Pub. L. 110–134, § 29(a)(2), substituted ‘‘education performance standards in effect under sec- tion 9836a(a)(1)(B) of title 42’’ for ‘‘Head Start perform- ance standards as in effect under section 9836a(a) of title 42’’. 2006—Subsec. (a)(1). Pub. L. 109–270 substituted ‘‘Carl D. Perkins Career and Technical Education Act of 2006’’ for ‘‘Carl D. Perkins Vocational and Technical Edu- cation Act of 1998’’. 2002—Subsec. (b)(1)(F). Pub. L. 107–279 substituted ‘‘section 9622(b)(2) of this title’’ for ‘‘section 9010(b)(2) 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- Page 1352 TITLE 20—EDUCATION § 6313 grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6313. Eligible school attendance areas (a) Determination (1) In general A local educational agency shall use funds received under this part only in eligible school attendance areas. (2) Eligible school attendance areas For the purposes of this part— (A) the term ‘‘school attendance area’’ means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and (B) the term ‘‘eligible school attendance area’’ means a school attendance area in which the percentage of children from low- income families is at least as high as the percentage of children from low-income fam- ilies served by the local educational agency as a whole. (3) Ranking order (A) Ranking Except as provided in subparagraph (B), if funds allocated in accordance with sub- section (c) are insufficient to serve all eligi- ble school attendance areas, a local edu- cational agency shall— (i) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentra- tion of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and (ii) serve such eligible school attendance areas in rank order. (B) Exception A local educational agency may lower the threshold in subparagraph (A)(i) to 50 per- cent for high schools served by such agency. (4) Remaining funds If funds remain after serving all eligible school attendance areas under paragraph (3), a local educational agency shall— (A) annually rank such agency’s remaining eligible school attendance areas from high- est to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and (B) serve such eligible school attendance areas in rank order either within each grade- span grouping or within the local edu- cational agency as a whole. (5) Measures (A) In general Except as provided in subparagraph (B), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell Na- tional School Lunch Act (42 U.S.C. 1751 et seq.), the number of children in families re- ceiving assistance under the State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.], or the number of children eligible to receive med- ical assistance under the Medicaid Program, or a composite of such indicators, with re- spect to all school attendance areas in the local educational agency— (i) to identify eligible school attendance areas; (ii) to determine the ranking of each area; and (iii) to determine allocations under sub- section (c). (B) Secondary schools For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be— (i) the measure described under subpara- graph (A); or (ii) subject to meeting the conditions of subparagraph (C), an accurate estimate of the number of students in low-income fam- ilies in a secondary school that is cal- culated by applying the average percent- age of students in low-income families of the elementary school attendance areas as calculated under subparagraph (A) that feed into the secondary school to the num- ber of students enrolled in such school. (C) Measure of poverty The local educational agency shall have the option to use the measure of poverty de- scribed in subparagraph (B)(ii) after— (i) conducting outreach to secondary schools within such agency to inform such schools of the option to use such measure; and (ii) a majority of such schools have ap- proved the use of such measure. (6) Exception This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. (7) Waiver for desegregation plans The Secretary may approve a local edu- cational agency’s written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school de- segregation plan or a plan that continues to be implemented in accordance with a State-or- dered or court-ordered desegregation plan, if— (A) the number of economically disadvan- taged children enrolled in the school is at least 25 percent of the school’s total enroll- ment; and (B) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Sec- retary establishes, that approval of that re- quest would further the purposes of this part.