20 U.S.C. § 7901
A local educational agency may receive funds under a covered program for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures of the agency and the State with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of subsection (b).
The State educational agency shall reduce the amount of the allocation of funds under a covered program in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection (a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to the local agency), if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years.
No such lesser amount shall be used for computing the effort required under subsection (a) of this section for subsequent years.
The Secretary may waive the requirements of this section if the Secretary determines that a waiver would be equitable due to-
20 U.S.C. § 7901
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 7901, Pub. L. 89-10, title IX, §9201, as added Pub. L. 103-382, §101, 108 Stat. 3794, set forth short title of the Native Hawaiian Education Act, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107-110.
AMENDMENTS2015-Subsec. (a). Pub. L. 114-95, §8019(1), inserted ", subject to the requirements of subsection (b)" after "for the second preceding fiscal year".Subsec. (b)(1). Pub. L. 114-95, §8019(2), inserted before period at end ", if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years".Subsec. (c)(1). Pub. L. 114-95, §8019(3), inserted "or a change in the organizational structure of the local educational agency" after "such as a natural disaster".
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.
- covered program
- The term "covered program" means each of the programs authorized by-(A) part A of subchapter I;(B) part C of subchapter I;(C) part D of subchapter I;(D) part A of subchapter II;(E) part A of subchapter III;(F) part A of subchapter IV;(G) part B of subchapter IV; and(H) subpart 2 of part B of subchapter V.