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Title 20 — Education

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

§ 7345a. Grant program authorized

Statutory text

(a)

In general

The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to carry out activities authorized under any of the following provisions:

(1)

Part A of subchapter I.

(2)

Part A of subchapter II.

(3)

Subchapter III.

(4)

Part A or B of subchapter IV.

(b)

Allocation

(1)

Allocation

(A)

In general

Except as provided in paragraphs (3) and (4), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 7345(b) of this title for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 7345(c) of this title for the preceding fiscal year.

(B)

Special determination

For a local educational agency that is eligible under section 7345(b)(1)(C) of this title and is a member of an educational service agency, the Secretary may determine the award amount by subtracting from the initial amount determined under paragraph (2), an amount that is equal to that local educational agency’s per-pupil share of the total amount received by the educational service agency under the provisions described in section 7345(c) of this title, as long as a determination under this subparagraph would not disproportionately affect any State.

(2)

Determination of initial amount

(A)

In general

The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000.

(B)

Special rule

For any fiscal year for which the amount made available to carry out this part is $265,000,000 or more, subparagraph (A) shall be applied—

(i)

by substituting “$25,000” for “$20,000”; and

(ii)

by substituting “$80,000” for “$60,000”.

(3)

Ratable adjustment

(A)

In general

If the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year.

(B)

Additional amounts

If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced.

(4)

Hold harmless

For a local educational agency that is not eligible under this subpart due to amendments made by the Every Student Succeeds Act to section 7345(b)(1)(A)(ii) of this title but met the eligibility requirements under section 7345(b) of this title as such section was in effect on the day before , the agency shall receive—

(A)

for fiscal year 2017, 75 percent of the amount such agency received for fiscal year 2015;

(B)

for fiscal year 2018, 50 percent of the amount such agency received for fiscal year 2015; and

(C)

for fiscal year 2019, 25 percent of the amount such agency received for fiscal year 2015.

(c)

Disbursement

The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that fiscal year.

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 V § 5212 · 79 Stat. 27

    Enacted · 20 U.S.C. § 7345a

    Pub. L. 89–10, title V, § 5212, formerly title VI, § 6212, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1892

    Source evidence

    Code source credit
    Pub. L. 89–10, title V, § 5212, formerly title VI, § 6212, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1892

  2. Every Student Succeeds Act

    Pub. L. 114–95 § 5003(2)(A) · 129 Stat. 1802

    1. Added · 20 U.S.C. § 7345a(a)

      Pub. L. 114–95, § 5003(2)(A), added pars. (1) to (4)

    2. Struck · 20 U.S.C. § 7345a(a)

      Pub. L. 114–95, § 5003(2)(A), struck out former pars. (1) to (5) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 114–95, § 5003(2)(A), added pars. (1) to (4) and struck out former pars. (1) to (5) which read as follows:

    “(1) Part A of subchapter I of this chapter. “(2) Part A or D of subchapter II of this chapter. “(3) Subchapter III of this chapter. “(4) Part A or B of subchapter IV of this chapter. “(5) Part A of subchapter V of this chapter.”

    Enacted provision · exact public law section
    (A) in subsection (a), by striking paragraphs (1) through (5) and inserting the following: “(1) Part A of title I. “(2) Part A of title II. “(3) Title III. “(4) Part A or B of title IV.” ;

    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 § 5003(2)(B)(i) · 129 Stat. 1802

    1. Added · 20 U.S.C. § 7345a(b)(1)

      Pub. L. 114–95, § 5003(2)(B)(i), added par. (1)

    2. Struck · 20 U.S.C. § 7345a(b)(1)

      Pub. L. 114–95, § 5003(2)(B)(i), struck out former par. (1). Prior to amendment, text read as follows: “Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) of this section to a local educational agency eligible under section 7345(b) of this title for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 7345(c) of this title for the preceding fiscal year.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 114–95, § 5003(2)(B)(i), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) of this section to a local educational agency eligible under section 7345(b) of this title for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 7345(c) of this title for the preceding fiscal year.”

    Enacted provision · exact public law section
    (i) by striking paragraph (1) and inserting the following: “(1) Allocation.— “(A) In general.— Except as provided in paragraphs (3) and (4), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 5211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 5211(c) for the preceding fiscal year. “(B) Special determination.— For a local educational agency that is eligible under section 5211(b)(1)(C) and is a member of an educational service agency, the Secretary may determine the award amount by subtracting from the initial amount determined under paragraph (2), an amount that is equal to that local educational agency’s per-pupil share of the total amount received by the educational service agency under the provisions described in section 5211(c), as long as a determination under this subparagraph would not disproportionately affect any State.” ;

    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 § 5003(2)(B)(ii) · 129 Stat. 1802

    1. Added · 20 U.S.C. § 7345a(b)(2)

      Pub. L. 114–95, § 5003(2)(B)(ii), added par. (2)

    2. Struck · 20 U.S.C. § 7345a(b)(2)

      Pub. L. 114–95, § 5003(2)(B)(ii), struck out former par. (2). Prior to amendment, text read as follows: “The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 114–95, § 5003(2)(B)(ii), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000.”

    Enacted provision · exact public law section
    (ii) by striking paragraph (2) and inserting the following: “(2) Determination of initial amount.— “(A) In general.— The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. “(B) Special rule.— For any fiscal year for which the amount made available to carry out this part is $265,000,000 or more, subparagraph (A) shall be applied— “(i) by substituting ‘$25,000’ for ‘$20,000’; and “(ii) by substituting ‘$80,000’ for ‘$60,000’.” ; 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.

  5. Every Student Succeeds Act

    Pub. L. 114–95 § 5003(2)(B)(iii) · 129 Stat. 1802

    Added · 20 U.S.C. § 7345a(b)(4)

    Pub. L. 114–95, § 5003(2)(B)(iii), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 114–95, § 5003(2)(B)(iii), added par. (4).

    Enacted provision · exact public law section
    (iii) by adding at the end the following: “(4) Hold harmless.— For a local educational agency that is not eligible under this subpart due to amendments made by the Every Student Succeeds Act to section 5211(b)(1)(A)(ii) but met the eligibility requirements under section 6211(b) as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act, the agency shall receive— “(A) for fiscal year 2017, 75 percent of the amount such agency received for fiscal year 2015; “(B) for fiscal year 2018, 50 percent of the amount such agency received for fiscal year 2015; and “(C) for fiscal year 2019, 25 percent of the amount such agency received for fiscal year 2015.” ; 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 § 5003(2)(C) · 129 Stat. 1802

    Struck · 20 U.S.C. § 7345a(d)

    Pub. L. 114–95, § 5003(2)(C), struck out subsec. (d). Text read as follows: “A local educational agency that is eligible to receive a grant under this subpart for a fiscal year is not eligible to receive funds for such fiscal year under subpart 2 of this part.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–95, § 5003(2)(C), struck out subsec. (d). Text read as follows: “A local educational agency that is eligible to receive a grant under this subpart for a fiscal year is not eligible to receive funds for such fiscal year under subpart 2 of this part.”

    Enacted provision · exact public law section
    (C) by striking subsection (d);

    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 of 9 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Amendments made by the Every Student Succeeds Act to section 7345(b)(1)(A)(ii) of this title, referred to in subsec. (b)(4), mean the amendments made to section 7345(b)(1)(A)(ii) of this title by Pub. L. 114–95, title V, § 5003(1)(B)(i), , 129 Stat. 2041. See 2015 Amendment note under section 7345 of this title.

Section 7345(b) of this title as such section was in effect on the day before , referred to in subsec. (b)(4), means section 7345(b) of this title prior to amendment by Pub. L. 114–95, title V, §§ 5001(a)(3), 5003(1)(B), , 129 Stat. 2039–2041.

Amendments

2015—Subsec. (a). Pub. L. 114–95, § 5003(2)(A), added pars. (1) to (4) and struck out former pars. (1) to (5) which read as follows:

“(1) Part A of subchapter I of this chapter.

“(2) Part A or D of subchapter II of this chapter.

“(3) Subchapter III of this chapter.

“(4) Part A or B of subchapter IV of this chapter.

“(5) Part A of subchapter V of this chapter.”

Subsec. (b)(1). Pub. L. 114–95, § 5003(2)(B)(i), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) of this section to a local educational agency eligible under section 7345(b) of this title for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 7345(c) of this title for the preceding fiscal year.”

Subsec. (b)(2). Pub. L. 114–95, § 5003(2)(B)(ii), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000.”

Subsec. (b)(4). Pub. L. 114–95, § 5003(2)(B)(iii), added par. (4).

Subsec. (d). Pub. L. 114–95, § 5003(2)(C), struck out subsec. (d). Text read as follows: “A local educational agency that is eligible to receive a grant under this subpart for a fiscal year is not eligible to receive funds for such fiscal year under subpart 2 of this part.”

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 V, § 5212, formerly title VI, § 6212, as added Pub. L. 107–110, title VI, § 601, , 115 Stat. 1892
  2. 2015renumbered title V, § 5212, and amended Pub. L. 114–95, title V, §§ 5001(a)(3), 5003(2), , 129 Stat. 2039, 2040, 2042.
Show as published

(Pub. L. 89–10, title V, § 5212, formerly title VI, § 6212, as added Pub. L. 107–110, title VI, § 601, , 115 Stat. 1892; renumbered title V, § 5212, and amended Pub. L. 114–95, title V, §§ 5001(a)(3), 5003(2), , 129 Stat. 2039, 2040, 2042.)

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