Title 20 — Education
Part B · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools
§ 7345a. Grant program authorized
Statutory text
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:
Part A of subchapter I.
Part A of subchapter II.
Subchapter III.
Part A or B of subchapter IV.
Allocation
Allocation
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.
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.
Determination of initial amount
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.
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—
by substituting “$25,000” for “$20,000”; and
by substituting “$80,000” for “$60,000”.
Ratable adjustment
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.
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.
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—
for fiscal year 2017, 75 percent of the amount such agency received for fiscal year 2015;
for fiscal year 2018, 50 percent of the amount such agency received for fiscal year 2015; and
for fiscal year 2019, 25 percent of the amount such agency received for fiscal year 2015.
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.
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. 1892Every Student Succeeds Act
Pub. L. 114–95 § 5003(2)(A) · 129 Stat. 1802
Added · 20 U.S.C. § 7345a(a)
Pub. L. 114–95, § 5003(2)(A), added pars. (1) to (4)
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.Every Student Succeeds Act
Pub. L. 114–95 § 5003(2)(B)(i) · 129 Stat. 1802
Added · 20 U.S.C. § 7345a(b)(1)
Pub. L. 114–95, § 5003(2)(B)(i), added par. (1)
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.Every Student Succeeds Act
Pub. L. 114–95 § 5003(2)(B)(ii) · 129 Stat. 1802
Added · 20 U.S.C. § 7345a(b)(2)
Pub. L. 114–95, § 5003(2)(B)(ii), added par. (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’.” ; andEffective 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.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.” ; andEffective 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.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
- 2002Pub. L. 89–10, title V, § 5212, formerly title VI, § 6212, as added Pub. L. 107–110, title VI, § 601, , 115 Stat. 1892
- 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.)