20 U.S.C. § 7355: Annual average daily…

Summary

Agencies applying for the grants named in section 7345a or in subpart 2 must count and report student attendance each year. By December 1 they must do a census to find average daily attendance for kindergarten through grade 12 at the schools they serve. By March 1 they must send that number to the Secretary, and also to the State educational agency if they are a local agency applying under subpart 2. If the Secretary finds an agency knowingly gave false attendance to get more grant money under section 7345a or subpart 2, the agency must pay a fine equal to twice the extra amount it received — the difference between what it got and what it should have gotten.

Title 20, §7355

Education, Source: USLM XML via OLRC

(a)Census determination

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)).

(b)Penalty

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.

§7355 Annual Average Daily Attendance Determination