§2391 — Title 20 Education | U.S. Code

Summary

States must use federal career and technical education money to add to their own spending, not to replace it. To get its full federal payment each year, a state must keep its career and technical education spending per student or total spending at least as high as it was two years earlier. At the state’s request, the federal check can ignore competitive or incentive programs the state runs, building costs, one-time project expenses, and pilot programs. If the total federal amount for these programs falls from one year to the next, the state’s required spending level for the earlier year is lowered by that same percentage. For the first full fiscal year after July 31, 2018, a state may keep its previous spending level or set a new level that is no less than 95 percent of the prior year. If a state fails to meet the spending requirement in one or more of the five previous years, the Secretary of Education will cut the state’s federal allotment by the same share as the shortfall, using whichever measure (per-student or total) is more favorable to the state. Any reduced amount cannot be used to set future required spending. The Secretary can waive the reduction for major uncontrollable events, like a natural disaster or a sudden severe drop in funds, but the waiver’s lower funding level also cannot be used to compute future requirements; future levels are figured as if the waiver had not happened.

Title 20, §2391

Education — Source: USLM XML via OLRC

(a)Funds made available under this chapter for career and technical education activities shall supplement, and shall not supplant, non-Federal funds expended to carry out career and technical education activities.

(b)(1)(A)Except as provided in subparagraph (B), (C), or (D), in order for a State to receive its full allotment of funds under this chapter for any fiscal year, the Secretary must find that the State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to career and technical education for the preceding fiscal year was not less than the fiscal effort per student, or the aggregate expenditures of such State, for the second preceding fiscal year.

(B)In computing the fiscal effort or aggregate expenditures pursuant to subparagraph (A), the Secretary shall, at the request of the State, exclude competitive or incentive-based programs established by the State, capital expenditures, special one-time project costs, and the cost of pilot programs.

(C)If the amount made available for career and technical education programs under this chapter for a fiscal year is less than the amount made available for career and technical education programs under this chapter for the preceding fiscal year, then the fiscal effort per student or the aggregate expenditures of a State required by subparagraph (A) for the preceding fiscal year shall be decreased by the same percentage as the percentage decrease in the amount so made available.

(D)For purposes of applying subparagraph (A) for years which require the calculation of the State’s fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education for the first full fiscal year following July 31, 2018, the State may determine the State’s fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education for such first full fiscal year by—

(i)continuing to use the State’s fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education, as was in effect on the day before July 31, 2018; or

(ii)establishing a new level of fiscal effort per student, or aggregate expenditures of such State, with respect to career and technical education, which is not less than 95 percent of the State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to career and technical education for the preceding fiscal year.

(2)(A)The Secretary shall reduce the amount of a State’s allotment of funds under this chapter for any fiscal year in the exact proportion by which the State fails to meet the requirement of paragraph (1) by falling below the State’s fiscal effort per student or the State’s aggregate expenditures (using the measure most favorable to the State), if the State failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years.

(B)No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years.

(3)The Secretary may waive paragraph (2) due to exceptional or uncontrollable circumstances affecting the ability of the State to meet the requirement of paragraph (1) such as a natural disaster or an unforeseen and precipitous decline in financial resources. No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort or aggregate expenditures required under this section for years subsequent to the year covered by such waiver. The fiscal effort or aggregate expenditures for the subsequent years shall be computed on the basis of the level of funding that would, but for such waiver, have been required.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2391, Pub. L. 88–210, title III, § 311, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3121, related to fiscal requirements, prior to the general amendment of this chapter by Pub. L. 109–270. Another prior section 2391, Pub. L. 88–210, title III, § 331, formerly § 341, as added Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2463; renumbered § 331 and amended Pub. L. 101–392, title III, § 307(a)(2), (c), Sept. 25, 1990, 104 Stat. 787, stated findings of Congress, prior to the general amendment of this chapter by Pub. L. 105–332.

Amendments

2018—Subsec. (a). Pub. L. 115–224, § 201(a)(1)(A), struck out “and tech prep program activities” before period at end. Subsec. (b)(1)(A). Pub. L. 115–224, § 201(a)(1)(B)(i)(I), amended subpar. (A) generally. Prior to amendment, text read as follows: “Except as provided in subparagraphs (B) and (C), no payments shall be made under this chapter for any fiscal year to a State for career and technical education programs or tech prep programs unless the Secretary determines that the fiscal effort per student or the aggregate expenditures of such State for career and technical education programs for the fiscal year preceding the fiscal year for which the determination is made, equaled or exceeded such effort or expenditures for career and technical education programs for the second fiscal year preceding the fiscal year for which the determination is made.” Subsec. (b)(1)(B). Pub. L. 115–224, § 201(a)(1)(B)(i)(II), substituted “shall, at the request of the State, exclude competitive or incentive-based programs established by the State, capital expenditures, special one-time project costs, and the cost of pilot programs.” for “shall exclude capital expenditures, special 1-time project costs, and the cost of pilot programs.” Subsec. (b)(1)(D). Pub. L. 115–224, § 201(a)(1)(B)(i)(III), added subpar. (D). Subsec. (b)(2), (3). Pub. L. 115–224, § 201(a)(1)(B)(ii), added pars. (2) and (3) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The Secretary may waive the requirements of this section, with respect to not more than 5 percent of expenditures by any eligible agency for 1 fiscal year only, on making a determination that such waiver would be equitable due to exceptional or uncontrollable circumstances affecting the ability of the eligible agency to meet such requirements, such as a natural disaster or an unforeseen and precipitous decline in financial resources. No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort or aggregate expenditures required under this section for years subsequent to the year covered by such waiver. The fiscal effort or aggregate expenditures for the subsequent years shall be computed on the basis of the level of funding that would, but for such waiver, have been required.”

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.

§2391 Fiscal requirements