2013 US Code
Title 20 - Education
Chapter 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS (§§ 6301 - 8962)
Subchapter V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS (§§ 7201 - 7283g)
Part A - Innovative Programs (§§ 7201 - 7217e)
Subpart 4 - general provisions (§§ 7217 - 7217e)
Section 7217 - Maintenance of effort
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 20 - EDUCATION |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 20 - EDUCATION CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS SUBCHAPTER V - PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS Part A - Innovative Programs subpart 4 - general provisions Sec. 7217 - Maintenance of effort |
| Contains | section 7217 |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 89-10, title V, §5141, as added Pub. L. 107-110, title V, §501, Jan. 8, 2002, 115 Stat. 1784. |
| Statutes at Large Reference | 115 Stat. 1784 |
| Public Law References | Public Law 89-10, Public Law 103-382, Public Law 107-110 |
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Except as provided in subsection (b) of this section, a State educational agency is entitled to receive its full allotment of funds under this part for any fiscal year only if the Secretary determines that either the combined fiscal effort per student or the aggregate expenditures within the State, with respect to the provision of free public education for the fiscal year preceding the fiscal year for which the determination is made, was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for which the determination is made.
(b) Reduction of fundsThe Secretary shall reduce the amount of the allotment of funds under this part in any fiscal year in the exact proportion by which the State educational agency fails to meet the requirements of subsection (a) of this section by falling below 90 percent of the fiscal effort per student or aggregate expenditures (using the measure most favorable to the State educational agency), and no such lesser amount shall be used for computing the effort or expenditures required under paragraph (1) for subsequent years.
(c) WaiverThe Secretary may waive, for 1 fiscal year only, the requirements of this section, if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State educational agency.
(Pub. L. 89–10, title V, §5141, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1784.)
PRIOR PROVISIONSA prior section 5141 of Pub. L. 89–10 was classified to section 3221 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.
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