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Title 20 — Education

Part D · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools

§ 6435. Use of funds

Statutory text

(a)

Uses

(1)

In general

A State agency shall use funds received under this subpart only for programs and projects that—

(A)

are consistent with the State plan under section 6434(a) of this title; and

(B)

concentrate on providing participants with the knowledge and skills needed to make a successful transition to secondary school completion, career and technical education, further education, or employment.

(2)

Programs and projects

Such programs and projects—

(A)

may include—

(i)

the acquisition of equipment;

(ii)

pay-for-success initiatives; or

(iii)

providing targeted services for youth who have come in contact with both the child welfare system and juvenile justice system;

(B)

shall be designed to support educational services that—

(i)

except for institution-wide projects under section 6436 of this title, are provided to children and youth identified by the State agency as failing, or most at-risk of failing, to meet the challenging State academic standards;

(ii)

respond to the educational needs of such children and youth, including by supplementing and improving the quality of the educational services provided to such children and youth by the State agency; and

(iii)

afford such children and youth an opportunity to meet challenging State academic standards; and

(C)

shall be carried out in a manner consistent with section 6321 of this title and part F (as applied to programs and projects under this part).

(b)

Supplement, not supplant

A program under this subpart that supplements the number of hours of instruction students receive from State and local sources shall be considered to comply with the supplement, not supplant requirement of section 6321 of this title (as applied to this part) without regard to the subject areas in which instruction is given during those hours.

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.

  1. Elementary and Secondary Education Act of 1965

    Pub. L. 89–10 title I § 1415 · 79 Stat. 27

    Enacted · 20 U.S.C. § 6435

    Pub. L. 89–10, title I, § 1415, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1585

    Source evidence

    Code source credit
    Pub. L. 89–10, title I, § 1415, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1585

  2. Every Student Succeeds Act

    Pub. L. 114–95 § 1401(4)(A)(i) · 129 Stat. 1802

    Substituted · 20 U.S.C. § 6435(a)(1)(B)

    Pub. L. 114–95, § 1401(4)(A)(i), substituted “career and technical education” for “vocational or technical training”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 114–95, § 1401(4)(A)(i), substituted “career and technical education” for “vocational or technical training”.

    Enacted provision · exact public law section
    (i) in paragraph (1)(B), by striking “vocational or technical training” and inserting “career and technical education”; and

    Effective date note
    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.

  3. Every Student Succeeds Act

    Pub. L. 114–95 § 1401(4)(A)(ii)(I) · 129 Stat. 1802

    1. Added · 20 U.S.C. § 6435(a)(2)(A)

      Pub. L. 114–95, § 1401(4)(A)(ii)(I), added subpar. (A)

    2. Struck · 20 U.S.C. § 6435(a)(2)(A)

      Pub. L. 114–95, § 1401(4)(A)(ii)(I), struck out former subpar (A) which read as follows: “may include the acquisition of equipment;”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 114–95, § 1401(4)(A)(ii)(I), added subpar. (A) and struck out former subpar (A) which read as follows: “may include the acquisition of equipment;”.

    Enacted provision · exact public law section
    (I) by striking subparagraph (A) and inserting the following: “(A) may include— “(i) the acquisition of equipment; “(ii) pay-for-success initiatives; or “(iii) providing targeted services for youth who have come in contact with both the child welfare system and juvenile justice system;” ;

    Effective date note
    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.

  4. Every Student Succeeds Act

    Pub. L. 114–95 § 1401(4)(A)(ii)(II)(aa) · 129 Stat. 1802

    Substituted · 20 U.S.C. § 6435(a)(2)(B)(i)

    Pub. L. 114–95, § 1401(4)(A)(ii)(II)(aa), substituted “the challenging State academic standards” for “the State’s challenging academic content standards and student academic achievement standards”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(i). Pub. L. 114–95, § 1401(4)(A)(ii)(II)(aa), substituted “the challenging State academic standards” for “the State’s challenging academic content standards and student academic achievement standards”.

    Enacted provision · exact public law section
    (aa) in clause (i), by striking “the State’s challenging academic content standards and student academic achievement standards” and inserting “the challenging State academic standards”;

    Effective date note
    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.

  5. Every Student Succeeds Act

    Pub. L. 114–95 § 1401(4)(A)(ii)(II)(bb) · 129 Stat. 1802

    Substituted · 20 U.S.C. § 6435(a)(2)(B)(ii)

    Pub. L. 114–95, § 1401(4)(A)(ii)(II)(bb), substituted “respond to the educational needs of such children and youth, including by supplementing and improving the quality” for “supplement and improve the quality”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(ii). Pub. L. 114–95, § 1401(4)(A)(ii)(II)(bb), substituted “respond to the educational needs of such children and youth, including by supplementing and improving the quality” for “supplement and improve the quality”.

    Enacted provision · exact public law section
    (bb) in clause (ii), by striking “supplement and improve” and inserting “respond to the educational needs of such children and youth, including by supplementing and improving”; and

    Effective date note
    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.

  6. Every Student Succeeds Act

    Pub. L. 114–95 § 1401(4)(A)(ii)(II)(cc) · 129 Stat. 1802

    1. Substituted · 20 U.S.C. § 6435(a)(2)(B)(iii)

      Pub. L. 114–95, § 1401(4)(A)(ii)(II)(cc), substituted “challenging State academic standards” for “challenging State academic achievement standards”

    2. Inserted · 20 U.S.C. § 6435(a)(2)(B)(iii)

      Pub. L. 114–95, § 1401(4)(A)(ii)(II)(cc), inserted “and” after semicolon at end

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(iii). Pub. L. 114–95, § 1401(4)(A)(ii)(II)(cc), substituted “challenging State academic standards” for “challenging State academic achievement standards” and inserted “and” after semicolon at end.

    Enacted provision · exact public law section
    (cc) in clause (iii)— (AA) by striking “challenging State academic achievement standards” and inserting “challenging State academic standards”; and (BB) by inserting “and” after the semicolon;

    Effective date note
    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.

  7. Every Student Succeeds Act

    Pub. L. 114–95 § 1401(4)(A)(ii)(III) · 129 Stat. 1802

    Substituted · 20 U.S.C. § 6435(a)(2)(C)

    Pub. L. 114–95, § 1401(4)(A)(ii)(III), made technical amendment to reference in original act which appears in text as reference to section 6321 of this title and substituted “part F” for “part I” and period for “; and” at end

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 114–95, § 1401(4)(A)(ii)(III), made technical amendment to reference in original act which appears in text as reference to section 6321 of this title and substituted “part F” for “part I” and period for “; and” at end.

    Enacted provision · exact public law section
    (III) in subparagraph (C)— (aa) by striking “section 1120A and part I” and inserting “section 1118 and part F”; and (bb) by striking “; and” and inserting a period; and

    Effective date note
    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.

  8. Every Student Succeeds Act

    Pub. L. 114–95 § 1401(4)(A)(ii)(IV) · 129 Stat. 1802

    Struck · 20 U.S.C. § 6435(a)(2)(D)

    Pub. L. 114–95, § 1401(4)(A)(ii)(IV), struck out subpar. (D) which read as follows: “may include the costs of meeting the evaluation requirements of section 7941 of this title.”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(D). Pub. L. 114–95, § 1401(4)(A)(ii)(IV), struck out subpar. (D) which read as follows: “may include the costs of meeting the evaluation requirements of section 7941 of this title.”

    Enacted provision · exact public law section
    (IV) by striking subparagraph (D); and

    Effective date note
    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.

  9. Every Student Succeeds Act

    Pub. L. 114–95 § 1401(4)(B) · 129 Stat. 1802

    Changed · 20 U.S.C. § 6435(b)

    Pub. L. 114–95, § 1401(4)(B), made technical amendment to reference in original act which appears in text as reference to section 6321 of this title

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 114–95, § 1401(4)(B), made technical amendment to reference in original act which appears in text as reference to section 6321 of this title.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking “section 1120A” and inserting “section 1118”;

    Effective date note
    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.

10 of 11 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 6435, Pub. L. 89–10, title I, § 1415, as added Pub. L. 103–382, title I, § 101, , 108 Stat. 3596, related to use of funds, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Subsec. (a)(1)(B). Pub. L. 114–95, § 1401(4)(A)(i), substituted “career and technical education” for “vocational or technical training”.

Subsec. (a)(2)(A). Pub. L. 114–95, § 1401(4)(A)(ii)(I), added subpar. (A) and struck out former subpar (A) which read as follows: “may include the acquisition of equipment;”.

Subsec. (a)(2)(B)(i). Pub. L. 114–95, § 1401(4)(A)(ii)(II)(aa), substituted “the challenging State academic standards” for “the State’s challenging academic content standards and student academic achievement standards”.

Subsec. (a)(2)(B)(ii). Pub. L. 114–95, § 1401(4)(A)(ii)(II)(bb), substituted “respond to the educational needs of such children and youth, including by supplementing and improving the quality” for “supplement and improve the quality”.

Subsec. (a)(2)(B)(iii). Pub. L. 114–95, § 1401(4)(A)(ii)(II)(cc), substituted “challenging State academic standards” for “challenging State academic achievement standards” and inserted “and” after semicolon at end.

Subsec. (a)(2)(C). Pub. L. 114–95, § 1401(4)(A)(ii)(III), made technical amendment to reference in original act which appears in text as reference to section 6321 of this title and substituted “part F” for “part I” and period for “; and” at end.

Subsec. (a)(2)(D). Pub. L. 114–95, § 1401(4)(A)(ii)(IV), struck out subpar. (D) which read as follows: “may include the costs of meeting the evaluation requirements of section 7941 of this title.”

Subsec. (b). Pub. L. 114–95, § 1401(4)(B), made technical amendment to reference in original act which appears in text as reference to section 6321 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective , 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.

Credits

2002–2015 · 2 acts
  1. 2002Pub. L. 89–10, title I, § 1415, as added Pub. L. 107–110, title I, § 101, , 115 Stat. 1585
  2. 2015amended Pub. L. 114–95, title I, § 1401(4), , 129 Stat. 1902.
Show as published

(Pub. L. 89–10, title I, § 1415, as added Pub. L. 107–110, title I, § 101, , 115 Stat. 1585; amended Pub. L. 114–95, title I, § 1401(4), , 129 Stat. 1902.)

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