The purpose of the program under this section is to provide local educational agencies with flexibility to consolidate eligible Federal funds and State and local education funding in order to create a single school funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students.
The Secretary is authorized to enter into local flexibility demonstration agreements-
Except as described in subsection (d)(1)(I), the Secretary is authorized to waive, for local educational agencies entering into agreements under this section, any provision of this chapter that would otherwise prevent such agency from using eligible Federal funds as part of such agreement.
The Secretary may enter into local flexibility demonstration agreements with not more than 50 local educational agencies with an approved application under subsection (d).
Each local educational agency shall be selected based on such agency-
Beginning with the 2019-2020 academic year, the Secretary may extend funding flexibility authorized under this section to any local educational agency that submits and has approved an application under subsection (d), as long as a significant majority of the demonstration agreements with local educational agencies described in paragraph (1) meet the requirements of subsection (d)(2) and subsection (e)(1) as of the end of the 2018-2019 academic year.
Each local educational agency that desires to participate in the program under this section shall submit, at such time and in such form as the Secretary may prescribe, an application to enter into a local flexibility demonstration agreement with the Secretary in order to develop and implement a school funding system based on weighted per-pupil allocations that meets the requirements of this section. The application shall include-
A local educational agency's school funding system based on weighted per-pupil allocations shall-
In establishing the percentage described in subparagraph (A)(iv) for the system, the local educational agency shall demonstrate that the percentage-
After allocating funds through the system, the local educational agency shall charge schools for the per-pupil expenditures of State and local education funds and eligible Federal funds, including actual personnel expenditures (including staff salary differentials for years of employment) for instructional staff and actual nonpersonnel expenditures.
Each local educational agency with an approved application under subsection (d) shall annually-
Each local educational agency that has entered into a local flexibility demonstration agreement with the Secretary under this section may use, for administrative purposes, an amount of eligible Federal funds that is not more than the percentage of funds allowed for such purposes under any of the following:
The Secretary may establish a peer-review process to assist in the review of a proposed local flexibility demonstration agreement.
The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide supporting evidence as provided for in subsection (i)), terminate a local flexibility demonstration agreement under this section if there is evidence that the local educational agency has failed to comply with the terms of the agreement and the requirements under subsections (d) and (e).
If a local educational agency believes that the Secretary's determination under subsection (h) is in error for statistical or other substantive reasons, the local educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before making a final determination.
From the amount reserved for evaluation activities under section 7981 of this title, the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate-
The Secretary may renew for additional 3-year terms a local flexibility demonstration agreement under this section if-
In this section:
The term "eligible Federal funds" means funds received by a local educational agency under-
The term "high-poverty school" means a school that is in the highest 2 quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families.
20 U.S.C. § 6491
EDITORIAL NOTES
PRIOR PROVISIONSPrior sections 6491 to 6494, 6511 to 6518, 6531 to 6537, 6551 to 6553, 6555, and 6561 to 6561i were repealed by Pub. L. 114-95, §5, title I, §1501(a)(1), Dec. 10, 2015, 129 Stat. 1806, 1905, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs.Section 6491, Pub. L. 89-10, title I, §1501, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1592; amended Pub. L. 107-279, title IV, §404(d)(4), Nov. 5, 2002, 116 Stat. 1986, related to evaluations. See section 7981 of this title.Another prior section 6491, Pub. L. 89-10, title I, §1501, as added Pub. L. 103-382, title I, §101, Oct. 20, 1994, 108 Stat. 3601; amended Pub. L. 104-134, title I, §101(d) [title VII, §703(b)(3)], Apr. 26, 1996, 110 Stat. 1321-211, 1321-255; renumbered title I, Pub. L. 104-140, §1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105-18, title VI, §600020002,, 111 Stat. 214, related to evaluations, prior to the general amendment of this subchapter by Pub. L. 107-110.A prior section 1501 of Pub. L. 89-10 was classified to section 2911 of this title, prior to the general amendment of Pub. L. 89-10 by Pub. L. 103-382.Section 6492, Pub. L. 89-10, title I, §1502, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1597, related to demonstrations of innovative practices. Another prior section 6492, Pub. L. 89-10, title I, §1502, as added Pub. L. 103-382, title I, §101, Oct. 20, 1994, 108 Stat. 3604, related to demonstrations of innovative practices, prior to the general amendment of this subchapter by Pub. L. 107-110.A prior section 1502 of Pub. L. 89-10 was classified to section 2912 of this title, prior to the general amendment of Pub. L. 89-10 by Pub. L. 103-382. Section 6493, Pub. L. 89-10, title I, §1503, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1597, related to assessment evaluation.Another prior section 6493, Pub. L. 89-10, title I, §1503, as added Pub. L. 103-382, title I, §101, Oct. 20, 1994, 108 Stat. 3605, related to innovative elementary school transition projects, prior to repeal by Pub. L. 105-277, div. A, §101(f) [title VIII, §301(c)(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-410. Section 6494, Pub. L. 89-10, title I, §1504, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1598, related to Close Up fellowship program. Section 6511, Pub. L. 89-10, title I, §1601, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1601, stated purpose of former part F of this subchapter. Another prior section 6511, Pub. L. 89-10, title I, §1601, as added Pub. L. 103-382, title I, §101, Oct. 20, 1994, 108 Stat. 3609, related to Federal regulations, prior to the general amendment of this subchapter by Pub. L. 107-110. See section 6571 of this title. Section 6512, Pub. L. 89-10, title I, §1602, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1601, related to program authorization.Another prior section 6512, Pub. L. 89-10, title I, §1602, as added Pub. L. 103-382, title I, §101, Oct. 20, 1994, 108 Stat. 3610, related to coordination of Federal, State, and local administration, prior to the general amendment of this subchapter by Pub. L. 107-110.Section 6513, Pub. L. 89-10, title I, §1603, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1602, related to application by State educational agency.Another prior section 6513, Pub. L. 89-10, title I, §1603, as added Pub. L. 103-382, title I, §101, Oct. 20, 1994, 108 Stat. 3611, related to State administration, prior to the general amendment of this subchapter by Pub. L. 107-110. See section 6573 of this title.Section 6514, Pub. L. 89-10, title I, §1604, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1603, related to use of funds by State educational agency.Another prior section 6514, Pub. L. 89-10, title I, §1604, as added Pub. L. 103-382, title I, §101, Oct. 20, 1994, 108 Stat. 3612, related to construction of provisions, prior to the general amendment of this subchapter by Pub. L. 107-110. See section 6576 of this title.Section 6515, Pub. L. 89-10, title I, §1605, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1604, related to application by local educational agency. Section 6516, Pub. L. 89-10, title I, §1606, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1604, related to use of funds by local educational agency.Section 6517, Pub. L. 89-10, title I, §1607, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1605, related to evaluation of programs and reports. Section 6518, Pub. L. 89-10, title I, §1608, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1605, related to quality initiatives.Section 6531, Pub. L. 89-10, title I, §1701, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1606, provided that former part G of this subchapter could be cited as the "Access to High Standards Act".Section 6532, Pub. L. 89-10, title I, §1702, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1606, stated purposes of former part G of this subchapter.Section 6533, Pub. L. 89-10, title I, §1703, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1606, set forth funding distribution rule.Section 6534, Pub. L. 89-10, title I, §1704, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1606, related to reimbursement of advanced placement test fees. Section 6535, Pub. L. 89-10, title I, §1705, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1608, related to grants to expand access to advanced placement incentive programs.Section 6536, Pub. L. 89-10, title I, §1706, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1609, related to use of grants to supplement, not supplant other non-Federal funds.Section 6537, Pub. L. 89-10, title I, §1707, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1609; amended Pub. L. 108-11, title II, §25032503,, 117 Stat. 599, defined terms in former part G of this subchapter.Section 6551, Pub. L. 89-10, title I, §1801, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1610, provided that former part H of this subchapter could be cited as the "Dropout Prevention Act". Section 6552, Pub. L. 89-10, title I, §1802, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1610, stated purposes of former part H of this subchapter.Section 6553, Pub. L. 89-10, title I, §1803, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1610, authorized appropriations.Section 6555, Pub. L. 89-10, title I, §1811, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1610, authorized national activities relating to dropout prevention. Section 6561, Pub. L. 89-10, title I, §1821, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1612, defined terms in subpart 2 of former part H of this subchapter.Section 6561a, Pub. L. 89-10, title I, §1822, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1612, authorized grants for school dropout prevention and reentry programs.Section 6561b, Pub. L. 89-10, title I, §1823, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1614, related to applications for grants.Section 6561c, Pub. L. 89-10, title I, §1824, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1615, related to reservation of funds for administrative costs and State activities.Section 6561d, Pub. L. 89-10, title I, §1825, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1615, related to strategies and capacity building. Section 6561e, Pub. L. 89-10, title I, §1826, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1616, related to selection of local educational agencies for subgrants.Section 6561f, Pub. L. 89-10, title I, §1827, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1616, related to use of funds by community-based organizations.Section 6561g, Pub. L. 89-10, title I, §1828, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1616, related to technical assistance to secondary schools.Section 6561h, Pub. L. 89-10, title I, §1829, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1616, related to calculation of annual school dropout rate.Section 6561i, Pub. L. 89-10, title I, §1830, as added Pub. L. 107-110, title I, §101, Jan. 8, 2002, 115 Stat. 1616, related to reporting and accountability.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection 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 an Effective Date of 2015 Amendment note under section 6301 of this title.
- Department
- The term "Department" means the Department of Education.
- Secretary
- The term "Secretary" means the Secretary of Education.
- State educational agency
- The term "State educational agency" means the agency primarily responsible for the State supervision of public elementary schools and secondary schools.
- State
- The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
- elementary school
- The term "elementary school" means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.