Title 20 — Education
Part C · Chapter 44 — Career and Technical Education
§ 2352. Distribution of funds for postsecondary education programs
Statutory text
Allocation
In general
Except as provided in subsections (b) and (c) and section 2353 of this title, each eligible agency shall distribute the portion of the funds made available under section 2322(a)(1) of this title to carry out this section for any fiscal year to eligible institutions or consortia of eligible institutions within the State.
Formula
Each eligible institution or consortium of eligible institutions shall be allocated an amount that bears the same relationship to the portion of funds made available under section 2322(a)(1) of this title to carry out this section for any fiscal year as the sum of the number of individuals who are Federal Pell Grant recipients and recipients of assistance from the Bureau of Indian Affairs enrolled in programs meeting the requirements of section 2355 of this title offered by such institution or consortium in the preceding fiscal year bears to the sum of the number of such recipients enrolled in such programs within the State for such year.
Consortium requirements
In general
In order for a consortium of eligible institutions described in paragraph (2) to receive assistance pursuant to such paragraph, such consortium shall operate joint projects that—
provide services to all postsecondary institutions participating in the consortium; and
are of sufficient size, scope, and quality to be effective.
Funds to consortium
Funds allocated to a consortium formed to meet the requirements of this section shall be used only for purposes and programs that are mutually beneficial to all members of the consortium and shall be used only for programs authorized under this subchapter. Such funds may not be reallocated to individual members of the consortium for purposes or programs benefitting only 1 member of the consortium.
Waiver
The eligible agency may waive the application of paragraph (3)(A)(i) in any case in which the eligible institution is located in a rural, sparsely populated area.
Waiver for more equitable distribution
The Secretary may waive the application of subsection (a) if an eligible agency submits to the Secretary an application for such a waiver that—
demonstrates that the formula described in subsection (a) does not result in a distribution of funds to the eligible institutions or consortia within the State that have the highest numbers of economically disadvantaged individuals and that an alternative formula will result in such a distribution; and
includes a proposal for such an alternative formula.
Minimum grant amount
In general
No institution or consortium shall receive an allocation under this section in an amount that is less than $50,000.
Redistribution
Any amounts that are not distributed by reason of paragraph (1) shall be redistributed to eligible institutions or consortia in accordance with this section.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 88–210 title I § 132 · 77 Stat. 403
Enacted · 20 U.S.C. § 2352
(Pub. L. 88–210, title I, § 132, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 730.)
Source evidence
Code source credit
(Pub. L. 88–210, title I, § 132, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 730.)
0 of 1 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
A prior section 2352, Pub. L. 88–210, title I, § 132, as added Pub. L. 105–332, § 1(b), , 112 Stat. 3112, related to distribution of funds for postsecondary vocational and technical education programs, prior to the general amendment of this chapter by Pub. L. 109–270.
Another prior section 2352, Pub. L. 88–210, title III, § 302, as added Pub. L. 98–524, § 1, , 98 Stat. 2458; amended Pub. L. 101–392, title III, § 301, , 104 Stat. 786, related to use of funds, prior to the general amendment of this chapter by Pub. L. 105–332.
Credits
(Pub. L. 88–210, title I, § 132, as added Pub. L. 109–270, § 1(b), , 120 Stat. 730.)