§7355 — Title 20 Education | U.S. Code

§7355 Annual average daily attendance determination

Title 20 › Chapter CHAPTER 70— - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › Subchapter SUBCHAPTER V— - FLEXIBILITY AND ACCOUNTABILITY › Part Part B— - Rural Education Initiative › Subpart subpart 3— - general provisions › § 7355

Last updated Apr 6, 2026|Official source

Summary

Agencies that want grants under section 7345a or under subpart 2 must count how many students are in average daily attendance in kindergarten through grade 12 at the schools they serve each year. They must do the count by December 1 and send that number to the Secretary by March 1. If the agency is seeking a subpart 2 grant, it must also send the number to the State education agency. If the Secretary finds an agency knowingly gave false numbers to get more money, the agency must pay a penalty equal to twice the difference between what it received and what it would have received with correct information under section 7345a or subpart 2.

Title 20, §7355

Education — Source: USLM XML via OLRC

(a)Each local educational agency desiring a grant under section 7345a of this title and each local educational agency or specially qualified agency desiring a grant under subpart 2 of this part shall—

(1)not later than December 1 of each year, conduct a census to determine the number of students in average daily attendance in kindergarten through grade 12 at the schools served by the agency; and

(2)not later than March 1 of each year, submit the number described in paragraph (1) to the Secretary (and to the State educational agency, in the case of a local educational agency seeking a grant under subpart (2)).11 So in original. Probably should be “subpart 2).”

(b)If the Secretary determines that a local educational agency or specially qualified agency has knowingly submitted false information under subsection (a) for the purpose of gaining additional funds under section 7345a of this title or subpart 2 of this part, then the agency shall be fined an amount equal to twice the difference between the amount the agency received under this section and the correct amount the agency would have received under section 7345a of this title or subpart 2 of this part if the agency had submitted accurate information under subsection (a).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5231 of Pub. L. 89–10 was classified to section 7223j of this title, prior to repeal by Pub. L. 114–95.

Amendments

2015—Pub. L. 114–95, § 5001(b)(2), made technical amendment to references in original act which appear in text as references to section 7345a of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.