§ 7351. Program authorized

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. 2002

   Elementary and Secondary Education Act of 1965

   Pub. L. 89–10 title V § 5221 · 79 Stat. 27

   Enacted · 20 U.S.C. § 7351

   Pub. L. 89–10, title V, § 5221, formerly title VI, § 6221, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1894

   Source evidence

   Code source credit
   Pub. L. 89–10, title V, § 5221, formerly title VI, § 6221, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1894

2. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 title V · 129 Stat. 1802

   Changed · 20 U.S.C. § 7351(a)(1); 20 U.S.C. § 7351(3)(A)

   Pub. L. 114–95, §§ 5001(b)(3), (4), 5003(4)(A), made technical amendments to references in original act which appear in text as references to sections 7355c, 7351b, and 7351a(a) of this title

   Source evidence

   Code amendment note
   Subsec. (a)(1), (3)(A). Pub. L. 114–95, §§ 5001(b)(3), (4), 5003(4)(A), made technical amendments to references in original act which appear in text as references to sections 7355c, 7351b, and 7351a(a) of this title.

   Enacted provision · exact public law
   TITLE V— STATE INNOVATION AND LOCAL FLEXIBILITY SEC. 5001. GENERAL PROVISIONS. (a) Title VI Redesignations.— Title VI (20 U.S.C. 7301 et seq.) is redesignated as title V and further amended— (1) by redesignating sections 6121 through 6123 20 USC 7305, 7305a, 7305b. as sections 5101 through 5103, respectively; (2) by redesignating sections 6201 and 6202 20 USC 7341, 7341a. as sections 5201 and 5202, respectively; (3) by redesignating sections 6211 through 6213 20 USC 7345, 7345a, 7345b. as sections 5211 through 5213, respectively; (4) by redesignating sections 6221 through 6224 20 USC 7351, 7351a–7351c. as sections 5221 through 5224, respectively; and (5) by redesignating sections 6231 through 6234 20 USC 7355, 7355a–7355c. as sections 5231 through 5234, respectively. (b) Structural and Conforming Amendments.— Title V (as redesignated by subsection (a) of this section) is further amended— (1) 20 USC 7301, 7301a, 7301b, 7311, 7311a, 7311b, 7315, 7315a–7315c, 7321, 7321a–7321e, 7325, 7325a–7325c. in part A, by striking subparts 1, 3, and 4; (2) 20 USC 7355. by striking “section 6212” each place it appears and inserting “section 5212”; (3) 20 USC 7351, 7351c. by striking “section 6223” each place it appears and inserting “section 5223”; and (4) 20 USC 7351. by striking “section 6234” each place it appears and inserting “section 5234”. SEC. 5002. FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES.   Part A of title V, as redesignated and amended by section 5001 of this Act, is further amended— (1) in the part heading, by striking “improving academic achievement” and inserting “funding transferability for state and local educational agencies”; (2) by striking “Subpart 2—Funding Transferability for State and Local Educational Agencies”; (3) 20 USC 7305, 7305b. by striking “subpart” each place it appears and inserting “part”; (4) by amending section 5102 20 USC 7305a. to read as follows: “SEC. 5102. PURPOSE.   “The purpose of this part is to allow States and local educational agencies the flexibility to target Federal funds to the programs and activities that most effectively address the unique needs of States and localities.” ; (5) in section 5103 20 USC 7305b. — (A) in subsection (a)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking “not more than 50 percent of the nonadministrative State funds” and inserting “all, or any lesser amount, of State funds”; and (II) by striking subparagraphs (A) through (D) and inserting the following: “(A) Part A of title II. “(B) Part A of title IV. “(C) Section 4202(c)(3).” ; and (ii) by striking paragraph (2) and inserting the following; “(2) Additional funds.— In accordance with this part, a State may transfer any funds allotted to the State under a provision listed in paragraph (1) for a fiscal year to its allotment under any other of the following provisions: “(A) Part A of title I. “(B) Part C of title I. “(C) Part D of title I. “(D) Part A of title III. “(E) Part B.” . (B) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A), by striking “(except” and all that follows through “subparagraph (C))” and inserting “may transfer all, or any lesser amount, of the funds allocated to it”; (II) by striking subparagraphs (B) and (C) and inserting: “(B) Additional funds.— In accordance with this part, a local educational agency may transfer any funds allotted to such agency under a provision listed in paragraph (2) for a fiscal year to its allotment under any other of the following provisions: “(i) Part A of title I. “(ii) Part C of title I. “(iii) Part D of title I. “(iv) Part A of title III. “(v) Part B.” ; (ii) in paragraph (2)— (I) in the matter preceding subparagraph (A), by striking “subparagraph (A), (B), or (C)” and inserting “subparagraph (A) or (B)”; and (II) by striking subparagraphs (A) through (D) and inserting the following: “(A) Part A of title II. “(B) Part A of title IV.” ; (C) by striking subsection (c) and inserting the following: “(c) No Transfer of Certain Funding.— A State or local educational agency may not transfer under this part to any other program any funds allotted or allocated to it for the following provisions: “(1) Part A of title I. “(2) Part C of title I. “(3) Part D of title I. “(4) Part A of title III. “(5) Part B.” ; and (D) in subsection (e)(2), by striking “section 9501” and inserting “section 8501”. SEC. 5003. RURAL EDUCATION INITIATIVE.   Part B of title V, as redesignated and amended by section 5001 of this Act, is further amended— (1) in section 5211 20 USC 7345. — (A) in subsection (a)(1), by striking subparagraphs (A) through (E) and inserting the following: “(A) Part A of title I. “(B) Part A of title II. “(C) Title III. “(D) Part A or B of title IV.” ; (B) in subsection (b)(1)— (i) in subparagraph (A)(ii)— (I) by striking “school” before “locale code”; and (II) by striking “7 or 8, as determined by the Secretary; or” and inserting “41, 42, or 43, as determined by the Secretary;”; (ii) in subparagraph (B), by striking the period at the end and inserting “; or”; and (iii) by adding at the end the following: “(C) the local educational agency is a member of an educational service agency that does not receive funds under this subpart and the local educational agency meets the requirements of this part.” ; and (C) in subsection (c), by striking paragraphs (1) through (3) and inserting the following: “(1) Part A of title II. “(2) Part A of title IV.” ; (2) in section 5212 20 USC 7345a. — (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.” ; (B) in subsection (b)— (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.” ; (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 (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 (C) by striking subsection (d); (3) 20 USC 7345b. by striking section 5213; (4) in section 5221 20 USC 7351. — (A) in subsection (a), by striking “section 6222(a)” and inserting “section 5222(a)”; (B) in subsection (b)— (i) in paragraph (1)— (I) by striking “(A) 20 percent” and inserting “(A)(i) 20 percent”; (II) by redesignating subparagraph (B) as clause (ii); (III) in clause (ii) (as redesignated by subclause (II))— (aa) by striking “school” before “locale code”; (bb) by striking “6, 7, or 8” and inserting “32, 33, 41, 42, or 43”; and (cc) by striking the period at the end and inserting “; or”; and (IV) by adding at the end the following: “(B) the agency meets the criteria established in clause (i) of subparagraph (A) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s request to waive the criteria described in clause (ii) of such subparagraph.” ; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: “(2) Certification.— The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State.” ; (C) in subsection (c)(1) by striking “Bureau of Indian Affairs” and inserting “Bureau of Indian Education”; (5) in section 5222(a), 20 USC 7351a. by striking paragraphs (1) through (7) and inserting the following: “(1) Activities authorized under part A of title I. “(2) Activities authorized under part A of title II. “(3) Activities authorized under title III. “(4) Activities authorized under part A of title IV. “(5) Parental involvement activities.” ; (6) in section 5223— (A) in subsection (a), by striking “at such time, in such manner, and accompanied by such information” and inserting “at such time and in such manner”; and (B) by striking subsection (b) and inserting the following: “(b) Contents.— Each application submitted under subsection (a) shall include information on— “(1) program objectives and outcomes for activities under this subpart, including how the State educational agency or specially qualified agency will use funds to help all students meet the challenging State academic standards; “(2) if the State educational agency will competitively award grants to eligible local educational agencies, as described in section 5221(b)(3)(A), the application under the section shall include— “(A) the methods and criteria the State educational agency will use to review applications and award funds to local educational agencies on a competitive basis; and “(B) how the State educational agency will notify eligible local educational agencies of the grant competition; and “(3) a description of how the State educational agency will provide technical assistance to eligible local educational agencies to help such agencies implement the activities described in section 5222.” ; (7) in section 5224— 20 USC 7351c. (A) by striking the section heading and all that follows through “Each” and inserting the following: “report.—Each”; (B) by striking subsections (b) through (e); (C) in the matter preceding paragraph (1), by inserting “or specially qualified agency” after “Each State educational agency”; (D) by striking paragraph (1) and inserting the following: “(1) if the report is submitted by a State educational agency, the method the State educational agency used to award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart;” ; and (E) by striking paragraph (3) and inserting the following: “(3) the degree to which progress has been made toward meeting the objectives and outcomes described in the application submitted under section 5223, including having all students in the State or the area served by the specially qualified agency, as applicable, meet the challenging State academic standards.” ; (8) by inserting after section 5224 the following: “SEC. 5225. CHOICE OF PARTICIPATION. “(a) In General.— If a local educational agency is eligible for funding under both this subpart and subpart 1, such local educational agency may receive funds under either this subpart or subpart 1 for a fiscal year, but may not receive funds under both subparts for such fiscal year. “(b) Notification.— A local educational agency eligible for funding under both this subpart and subpart 1 shall notify the Secretary and the State educational agency under which of such subparts the local educational agency intends to receive funds for a fiscal year by a date that is established by the Secretary for the notification.” ; and (9) in section 5234, 20 USC 7355c. by striking “$300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years,” and inserting “$169,840,000 for each of the fiscal years 2017 through 2020,”. SEC. 5004. GENERAL PROVISIONS.   Part C of title V, as redesignated by section 5001 of this Act, is amended to read as follows: “PART C— GENERAL PROVISIONS “SEC. 5301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL.   “Nothing in this title shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curriculum, or program of instruction, as a condition of eligibility to receive funds under this Act. “SEC. 5302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.   “Nothing in this title shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school.” . SEC. 5005. REVIEW RELATING TO RURAL LOCAL EDUCATIONAL AGENCIES. (a) Review and Report.— Not later than 18 months after the date of enactment of this Act, the Secretary of Education shall— (1) review the organization, structure, and process and procedures of the Department of Education for administering its programs and developing policy and regulations, in order to— (A) assess the methods and manner through which, and the extent to which, the Department of Education takes into account, considers input from, and addresses the unique needs and characteristics of rural schools and rural local educational agencies; and (B) determine actions that the Department of Education can take to meaningfully increase the consideration and participation of rural schools and rural local educational agencies in the development and execution of the processes, procedures, policies, and regulations of the Department of Education; (2) make public a preliminary report containing the information described in paragraph (1) and provide Congress and the public with 60 days to comment on the proposed actions described in paragraph (1)(B); and (3) issue a final report to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives, which shall describe the final actions developed pursuant to paragraph (1)(B) after taking into account the comments submitted under paragraph (2). (b) Implementation.— Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall— (1) carry out each action described in the report under subsection (a)(3); or (2) in a case in which an action is not carried out, provide a written explanation to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives of why the action was not carried out.

   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. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 5003(4)(B)(i)(I) · 129 Stat. 1802

   1. Amended · 20 U.S.C. § 7351(b)(1)(A)

      Pub. L. 114–95, § 5003(4)(B)(i)(I), (II), designated existing provisions as cl. (i)

   2. Redesignated · 20 U.S.C. § 7351(b)(1)(A)

      Pub. L. 114–95, § 5003(4)(B)(i)(I), (II), redesignated subpar. (B) as cl. (ii)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 114–95, § 5003(4)(B)(i)(I), (II), designated existing provisions as cl. (i) and redesignated subpar. (B) as cl. (ii).

   Enacted provision · exact public law section
   (I) by striking “(A) 20 percent” and inserting “(A)(i) 20 percent”;

   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. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 5003(4)(B)(i)(III)(aa) · 129 Stat. 1802

   1. Struck · 20 U.S.C. § 7351(b)(1)(A)(ii)

      Pub. L. 114–95, § 5003(4)(B)(i)(III)(aa), (bb), struck out “school” before “locale code”

   2. Substituted · 20 U.S.C. § 7351(b)(1)(A)(ii)

      Pub. L. 114–95, § 5003(4)(B)(i)(III)(aa), (bb), substituted “32, 33, 41, 42, or 43” for “6, 7, or 8”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A)(ii). Pub. L. 114–95, § 5003(4)(B)(i)(III)(aa), (bb), struck out “school” before “locale code” and substituted “32, 33, 41, 42, or 43” for “6, 7, or 8”.

   Enacted provision · exact public law section
   (aa) by striking “school” before “locale code”;

   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. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 5003(4)(B)(i)(III)(cc) · 129 Stat. 1802

   Redesignated · 20 U.S.C. § 7351(b)(1)(B)

   Pub. L. 114–95, § 5003(4)(B)(i)(III)(cc), (IV), added subpar. (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B). Pub. L. 114–95, § 5003(4)(B)(i)(III)(cc), (IV), added subpar. (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).

   Enacted provision · exact public law section
   (cc) by striking the period at the end and inserting “; or”; 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. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 5003(4)(B)(ii) · 129 Stat. 1802

   1. Added · 20 U.S.C. § 7351(b)(2); 20 U.S.C. § 7351(b)(3)

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

   2. Redesignated · 20 U.S.C. § 7351(b)(2); 20 U.S.C. § 7351(b)(3)

      Pub. L. 114–95, § 5003(4)(B)(ii), (iii), redesignated former par. (2) as (3)

   Source evidence

   Code amendment note
   Subsec. (b)(2), (3). Pub. L. 114–95, § 5003(4)(B)(ii), (iii), added par. (2) and redesignated former par. (2) as (3).

   Enacted provision · exact public law section
   (ii) by redesignating paragraph (2) as paragraph (3); 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.

7. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 5001(b)(4) · 129 Stat. 1802

   Changed · 20 U.S.C. § 7351(c)

   Pub. L. 114–95, § 5001(b)(4), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7355c of this title

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–95, § 5001(b)(4), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7355c of this title.

   Enacted provision · exact public law section
   (4) 20 USC 7351. by striking “section 6234” each place it appears and inserting “section 5234”.

   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. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 § 5003(4)(C) · 129 Stat. 1802

   Substituted · 20 U.S.C. § 7351(c)(1)

   Pub. L. 114–95, § 5003(4)(C), substituted “Bureau of Indian Education” for “Bureau of Indian Affairs”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 114–95, § 5003(4)(C), substituted “Bureau of Indian Education” for “Bureau of Indian Affairs”.

   Enacted provision · exact public law section
   (C) in subsection (c)(1) by striking “Bureau of Indian Affairs” and inserting “Bureau of Indian Education”;

   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 of 11 references resolved to an enrolled provision · 2 partial