20 USC 2351 - Distribution of funds to secondary education programs

U.S Code last checked for updates: May 02, 2024

§ 2351.

Distribution of funds to secondary education programs

(a)

Distribution rules

Except as provided in section 2353 of this title and as otherwise provided in this section, each eligible agency shall distribute the portion of funds made available under section 2322(a)(1) of this title to carry out this section to local educational agencies within the State as follows:

(1)

Thirty percent

Thirty percent shall be allocated to such local educational agencies in proportion to the number of individuals aged 5 through 17, inclusive, who reside in the school district served by such local educational agency for the preceding fiscal year compared to the total number of such individuals who reside in the school districts served by all local educational agencies in the State for such preceding fiscal year, as determined on the basis of the most recent satisfactory—

(A)

data provided to the Secretary by the Bureau of the Census for the purpose of determining eligibility under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.]; or

(B)

student membership data collected by the National Center for Education Statistics through the Common Core of Data survey system.

(2)

Seventy percent

(3)

Adjustments

Each eligible agency, in making the allocations under paragraphs (1) and (2), shall adjust the data used to make the allocations to—

(A)

reflect any change in school district boundaries that may have occurred since the data were collected; and

(B)

include local educational agencies without geographical boundaries, such as charter schools and secondary schools funded by the Bureau of Indian Education.

(b)

Waiver for more equitable distribution

The Secretary may waive the application of subsection (a) in the case of any eligible agency that submits to the Secretary an application for such a waiver that—

(1)

demonstrates that a proposed alternative formula more effectively targets funds on the basis of poverty (as defined by the Office of Management and Budget and revised annually in accordance with section 9902(2) of title 42) to local educational agencies within the State than the formula described in subsection (a); and

(2)

includes a proposal for such an alternative formula.

(c)

Minimum allocation

(1)

In general

(2)

Waiver

The eligible agency shall waive the application of paragraph (1) in any case in which the local educational agency—

(A)

(i)

is located in a rural, sparsely populated area; or

(ii)

is a public charter school operating secondary school career and technical education programs or programs of study; and

(B)

demonstrates that the local educational agency is unable to enter into a consortium for purposes of providing activities under this part.

(3)

Redistribution

(d)

Limited jurisdiction agencies

(1)

In general

(2)

Special rule

(e)

Allocations to area career and technical education schools and educational service agencies

(1)

In general

Each eligible agency shall distribute the portion of funds made available under section 2322(a)(1) of this title for any fiscal year by such eligible agency for career and technical education activities at the secondary level under this section to the appropriate area career and technical education school or educational service agency in any case in which the area career and technical education school or educational service agency, and the local educational agency concerned—

(A)

have formed or will form a consortium for the purpose of receiving funds under this section; or

(B)

have entered into or will enter into a cooperative arrangement for such purpose.

(2)

Allocation basis

(3)

Appeals procedure

(f)

Consortium requirements

(1)

Alliance

Any local educational agency receiving an allocation that is not sufficient to conduct a program which meets the requirements of section 2355 of this title is encouraged to—

(A)

form a consortium or enter into a cooperative agreement with an area career and technical education school or educational service agency offering programs that meet the requirements of section 2355 of this title;

(B)

transfer such allocation to the area career and technical education school or educational service agency; and

(C)

operate programs that are of sufficient size, scope, and quality to be effective.

(2)

Funds to consortium

(g)

Data

(h)

Special rule

(Pub. L. 88–210, title I, § 131, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 727; amended Pub. L. 115–224, title I, § 131, July 31, 2018, 132 Stat. 1612.)

cite as: 20 USC 2351