§2353 — Title 20 Education | U.S. Code

Summary

When an eligible agency has only a small amount of money to give for career and technical education, it may award that money by competition or by any other method it chooses. "Small amount" means no more than 15 percent of the total program funds. If a recipient (like a school or college) does not spend all of its allocation in a school year, it must return the unused money to the agency so the agency can reallocate it. If the agency cannot reallocate it in time, the agency will keep the money and add it to next year’s funds for distribution. Local school systems and eligible postsecondary institutions may work together to run secondary, postsecondary, or adult career and technical education programs. A charter school that is treated as a local educational agency under state law is not forced to share eligibility unless state law allows it. Agencies must give funds to charter schools for these programs the same way they give funds to other schools, and those programs must be big enough and of good quality to work well.

Title 20, §2353

Education — Source: USLM XML via OLRC

(a)(1)Notwithstanding the provisions of section 2351 and 2352 of this title and in order to make a more equitable distribution of funds for programs serving the areas of greatest economic need, for any program year for which a minimal amount is made available by an eligible agency for distribution under section 2351 or 2352 of this title, such eligible agency may distribute such minimal amount for such year—

(A)on a competitive basis; or

(B)through any alternative method determined by the eligible agency.

(2)For purposes of this section, the term “minimal amount” means not more than 15 percent of the total amount made available for distribution under section 2322(a)(1) of this title.

(b)(1)In any academic year that an eligible recipient does not expend all of the amounts the eligible recipient is allocated for such year under section 2351 or 2352 of this title, such eligible recipient shall return any unexpended amounts to the eligible agency to be reallocated under section 2351 or 2352 of this title, as appropriate.

(2)In any academic year in which amounts are returned to the eligible agency under section 2351 or 2352 of this title and the eligible agency is unable to reallocate such amounts according to such sections in time for such amounts to be expended in such academic year, the eligible agency shall retain such amounts for distribution in combination with amounts provided under section 2322(a)(1) of this title for the following academic year.

(c)Nothing in section 2351 or 2352 of this title shall be construed—

(1)to prohibit a local educational agency or a consortium thereof that receives assistance under section 2351 of this title, from working with an eligible institution or consortium thereof that receives assistance under section 2352 of this title, to carry out career and technical education programs or programs of study at the secondary level in accordance with this subchapter;

(2)to prohibit an eligible institution or consortium thereof that receives assistance under section 2352 of this title, from working with a local educational agency or consortium thereof that receives assistance under section 2351 of this title, to carry out postsecondary and adult career and technical education programs or programs of study in accordance with this subchapter; or

(3)to require a charter school, that provides career and technical education programs or programs of study and is considered a local educational agency under State law, to jointly establish the charter school’s eligibility for assistance under this subchapter unless the charter school is explicitly permitted to do so under the State’s charter school statute.

(d)For purposes of this section, the eligible agency shall provide funds to charter schools offering career and technical education programs or programs of study in the same manner as the eligible agency provides those funds to other schools. Such career and technical education programs or programs of study within a charter school shall be of sufficient size, scope, and quality to be effective.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2353, Pub. L. 88–210, title I, § 133, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3113, related to special rules for vocational and technical education, prior to the general amendment of this chapter by Pub. L. 109–270.

Amendments

2018—Subsecs. (c), (d). Pub. L. 115–224 inserted “or programs of study” after “career and technical education programs” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment 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.

§2353 Special rules for career and technical education