PRIA, Government Policy, Made Personal

Summary

An eligible local educational agency may use its applicable funding to carry out local activities allowed under four program areas named in the law (Part A of subchapter I; Part A of subchapter II; Subchapter III; and Part A or B of subchapter IV). The LEA must tell the State educational agency it plans to use the funds by the date the State sets. The State must pay those funds to LEAs that choose the alternate use at the same time it pays other LEAs. "Applicable funding" means money provided under Part A of subchapter II and Part A of subchapter IV. A local educational agency can use the funds if it meets one of these: the total average daily attendance at all its schools is fewer than 600, or every county with one of its schools has under 10 people per square mile, and all its schools have locale codes 41, 42, or 43 as set by the Secretary. The Secretary can waive the locale-code rule if the LEA and the State show the area is rural. An LEA that belongs to an educational service agency that does not get these funds can also be eligible if it meets the part’s requirements.

Title 20, §7345

Education, Source: USLM XML via OLRC

(a)Alternative uses

(1)In general

Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding that the agency is eligible to receive from the State educational agency for a fiscal year to carry out local activities authorized under any of the following provisions:

(A)Part A of subchapter I.

(B)Part A of subchapter II.

(C)Subchapter III.

(D)Part A or B of subchapter IV.

(2)Notification

An eligible local educational agency shall notify the State educational agency of the local educational agency’s intention to use the applicable funding in accordance with paragraph (1), by a date that is established by the State educational agency for the notification.

(b)Eligibility

(1)In general

A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if—

(A)(i)(I)the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or

(II)each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and

(ii)all of the schools served by the local educational agency are designated with a locale code of 41, 42, or 43, as determined by the Secretary;

(B)the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s request to waive the criteria described in subparagraph (A)(ii); or

(C)the local educational agency is a member of an educational service agency that does not receive funds under this subpart and the local educational agency meets the requirements of this part.

(2)Certification

The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State.

(c)Applicable funding defined

In this section, the term “applicable funding” means funds provided under any of the following provisions:

(1)Part A of subchapter II.

(2)Part A of subchapter IV.

(d)Disbursement

Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year.

(e)Applicable rules

Applicable funding under this section shall be available to carry out local activities authorized under subsection (a).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5211 of Pub. L. 89–10 was renumbered section 4311 and was classified to section 7221j of this title, prior to repeal by Pub. L. 114–95.

Amendments

2015—Subsec. (a)(1). Pub. L. 114–95, § 5003(1)(A), added subpars. (A) to (D) and struck out former subpars. (A) to (E) which read as follows: “(A) Part A of subchapter I of this chapter. “(B) Part A or D of subchapter II of this chapter. “(C) Subchapter III of this chapter. “(D) Part A or B of subchapter IV of this chapter. “(E) Part A of subchapter V of this chapter.” Subsec. (b)(1)(A)(ii). Pub. L. 114–95, § 5003(1)(B)(i), struck out “school” before “locale code” and substituted “41, 42, or 43, as determined by the Secretary;” for “7 or 8, as determined by the Secretary; or”. Subsec. (b)(1)(C). Pub. L. 114–95, § 5003(1)(B)(ii), (iii), added subpar. (C). Subsec. (c). Pub. L. 114–95, § 5003(1)(C), added pars. (1) and (2) and struck out former pars. (1) to (3) which read as follows: “(1) Subpart 2 of this part and section 6762(a)(2)(A) of this title. “(2) section 7114 of this title. “(3) Part A of subchapter V of this chapter.”

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.

§7345 Use of Applicable Funding