PRIA, Government Policy, Made Personal

Summary

An eligible agency may give a small share of career and technical education money either by running a competition or by using another method it chooses. "Minimal amount" means not more than 15 percent of the total made available under 2322(a)(1). If a recipient does not spend all of its allocation for a year, it must return the leftover money so the agency can reallocate it. If the agency gets returned money too late to reallocate that same year, it must keep those funds and add them to the amounts under 2322(a)(1) for the next academic year. Local school districts and eligible colleges may work together to run secondary, postsecondary, and adult career and technical programs. A charter school that is its own local educational agency does not have to prove eligibility with another entity unless state law allows that. Charter schools must get funds the same way as other schools, and their programs must be large enough and well run to be effective.

Title 20, §2353

Education, Source: USLM XML via OLRC

(a)Special rule for minimal allocation

(1)General authority

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)Minimal amount

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)Redistribution

(1)In general

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)Redistribution of amounts returned late in an academic year

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)Construction

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)Consistent application

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