2016 US Code
Title 20 - Education
Chapter 70 - Strengthening and Improvement of Elementary and Secondary Schools
Subchapter V - Flexibility and Accountability
Part B - Rural Education Initiative
Subpart 1 - Small, Rural School Achievement Program
Sec. 7345 - Use of applicable funding
| 20 U.S.C. § 7345 (2016) |
| §7345. Use of applicable funding |
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(a) Alternative uses
(1) In general
Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding that the agency is eligible to receive from the State educational agency for a fiscal year to carry out local activities authorized under any of the following provisions: (A) Part A of subchapter I. (B) Part A of subchapter II. (C) Subchapter III. (D) Part A or B of subchapter IV. An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1), by a date that is established by the State educational agency for the notification. A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if— (A)(i)(I) the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or (II) each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and (ii) all of the schools served by the local educational agency are designated with a locale code of 41, 42, or 43, as determined by the Secretary; (B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency's request to waive the criteria described in subparagraph (A)(ii); or (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. 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. In this section, the term "applicable funding" means funds provided under any of the following provisions: (1) Part A of subchapter II. (2) Part A of subchapter IV. Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. (e) Applicable rulesApplicable funding under this section shall be available to carry out local activities authorized under subsection (a). |
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(Pub. L. 89–10, title V, §5211, formerly title VI, §6211, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1891; renumbered title V, §5211, and amended Pub. L. 114–95, title V, §§5001(a)(3), 5003(1), Dec. 10, 2015, 129 Stat. 2039–2041.) |
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PRIOR PROVISIONS
A prior section 5211 of Pub. L. 89–10 was renumbered section 4311 and was classified to section 7221j of this title, prior to repeal by Pub. L. 114–95. AMENDMENTS2015—Subsec. (a)(1). Pub. L. 114–95, §5003(1)(A), added subpars. (A) to (D) and struck out former subpars. (A) to (E) which read as follows: "(A) Part A of subchapter I of this chapter. "(B) Part A or D of subchapter II of this chapter. "(C) Subchapter III of this chapter. "(D) Part A or B of subchapter IV of this chapter. "(E) Part A of subchapter V of this chapter." Subsec. (b)(1)(A)(ii). Pub. L. 114–95, §5003(1)(B)(i), struck out "school" before "locale code" and substituted "41, 42, or 43, as determined by the Secretary;" for "7 or 8, as determined by the Secretary; or". Subsec. (b)(1)(C). Pub. L. 114–95, §5003(1)(B)(ii), (iii), added subpar. (C). Subsec. (c). Pub. L. 114–95, §5003(1)(C), added pars. (1) and (2) and struck out former pars. (1) to (3) which read as follows: "(1) Subpart 2 of this part and section 6762(a)(2)(A) of this title. "(2) Section 7114 of this title. "(3) Part A of subchapter V of this chapter." EFFECTIVE DATE OF 2015 AMENDMENTAmendment 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. |
| United States Code, 2012 Edition, Supplement 4, Title 20 - EDUCATION |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 20 - EDUCATION CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS SUBCHAPTER V - FLEXIBILITY AND ACCOUNTABILITY Part B - Rural Education Initiative subpart 1 - small, rural school achievement program Sec. 7345 - Use of applicable funding |
| section 7345 |
| 2016 |
| January 6, 2017 |
| No |
| standard |
| 115 Stat. 1891 129 Stat. 2039-2041 |
| Public Law 89-10, Public Law 107-110, Public Law 114-95 |
