2018 US Code
Title 20 - Education
Chapter 70 - Strengthening and Improvement of Elementary and Secondary Schools
Subchapter VIII - General Provisions
Part F - Uniform Provisions
Subpart 2 - Other Provisions
Sec. 7901 - Maintenance of effort
| 20 U.S.C. § 7901 (2018) |
| §7901. Maintenance of effort |
|
(a) In general
A local educational agency may receive funds under a covered program for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures of the agency and the State with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of subsection (b). (b) Reduction in case of failure to meet (1) In generalThe State educational agency shall reduce the amount of the allocation of funds under a covered program in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection (a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to the local agency), if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years. No such lesser amount shall be used for computing the effort required under subsection (a) of this section for subsequent years. The Secretary may waive the requirements of this section if the Secretary determines that a waiver would be equitable due to— (1) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the local educational agency; or (2) a precipitous decline in the financial resources of the local educational agency. |
|
(Pub. L. 89–10, title VIII, §8521, formerly title IX, §9521, as added Pub. L. 107–110, title IX, §901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, §8521, and amended Pub. L. 114–95, title VIII, §§8001(a)(6), 8019, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.) |
|
PRIOR PROVISIONS
A prior section 7901, Pub. L. 89–10, title IX, §9201, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3794, set forth short title of the Native Hawaiian Education Act, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110. AMENDMENTS2015—Subsec. (a). Pub. L. 114–95, §8019(1), inserted ", subject to the requirements of subsection (b)" after "for the second preceding fiscal year". Subsec. (b)(1). Pub. L. 114–95, §8019(2), inserted before period at end ", if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years". Subsec. (c)(1). Pub. L. 114–95, §8019(3), inserted "or a change in the organizational structure of the local educational agency" after "such as a natural disaster". 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, 2018 Edition, 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 VIII - GENERAL PROVISIONS Part F - Uniform Provisions subpart 2 - other provisions Sec. 7901 - Maintenance of effort |
| section 7901 |
| 2018 |
| January 14, 2019 |
| No |
| standard |
| 108 Stat. 3794 115 Stat. 1980 129 Stat. 2088 |
| Public Law 89-10, Public Law 103-382, Public Law 107-110, Public Law 114-95 |
