20 U.S.C. § 7345
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:
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.
A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if-
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.
In this section, the term "applicable funding" means funds provided under any of the following provisions:
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.
Applicable funding under this section shall be available to carry out local activities authorized under subsection (a).
20 U.S.C. § 7345
EDITORIAL NOTES
PRIOR PROVISIONSA 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.
AMENDMENTS2015-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 AMENDMENT Amendment 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.
- 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.
- county
- The term "county" means one of the divisions of a State used by the Secretary of Commerce in compiling and reporting data regarding counties.
- educational service agency
- The term "educational service agency" means a regional public multiservice agency authorized by State statute to develop, manage, and provide services or programs to local educational agencies.