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

Summary

When the agency that gives out career and technical education money only has a small amount to distribute, it may award that small share either by competition or by some other method it chooses. A "minimal amount" means up to 15% of the total money available under section 2322(a)(1). If a school or college does not spend all the money it was given for a school year, it must return the unspent money to the agency so the agency can reallocate it. If the agency cannot reallocate the returned money in time for that same year, the agency must hold the money and add it to the funds for the next academic year under section 2322(a)(1). Local school districts and postsecondary schools may work together to run career and technical programs at the secondary or postsecondary/adult level. A charter school that is considered a local educational agency by state law does not have to join with another entity to establish eligibility for funds unless state law allows it. The agency must give funds to charter schools offering career and technical programs the same way it gives funds to other schools, and those programs must be large enough, cover meaningful content, and be of good quality.

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