U.S Code last checked for updates: Jun 18, 2024
§ 6321.
Fiscal requirements
(a)
Maintenance of effort
(b)
Federal funds to supplement, not supplant, non-Federal funds
(1)
In general
(2)
Compliance
(3)
Special rule
No local educational agency shall be required to—
(A)
identify that an individual cost or service supported under this part is supplemental; or
(B)
provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency’s compliance with paragraph (1).
(4)
Prohibition
(5)
Timeline
A local educational agency—
(A)
shall meet the compliance requirement under paragraph (2) not later than 2 years after December 10, 2015; and
(B)
may demonstrate compliance with the requirement under paragraph (1) before the end of such 2-year period using the method such local educational agency used on the day before December 10, 2015.
(c)
Comparability of services
(1)
In general
(A)
Comparable services
(B)
Substantially comparable services
(C)
Basis
(2)
Written assurance
(A)
Equivalence
A local educational agency shall be considered to have met the requirements of paragraph (1) if such agency has filed with the State educational agency a written assurance that such agency has established and implemented—
(i)
a local educational agency-wide salary schedule;
(ii)
a policy to ensure equivalence among schools in teachers, administrators, and other staff; and
(iii)
a policy to ensure equivalence among schools in the provision of curriculum materials and instructional supplies.
(B)
Determinations
(C)
Exclusions
(3)
Procedures and records
Each local educational agency assisted under this part shall—
(A)
develop procedures for compliance with this subsection; and
(B)
maintain records that are updated biennially documenting such agency’s compliance with this subsection.
(4)
Inapplicability
(5)
Compliance
For the purpose of determining compliance with paragraph (1), a local educational agency may exclude State and local funds expended for—
(A)
language instruction educational programs; and
(B)
the excess costs of providing services to children with disabilities as determined by the local educational agency.
(d)
Exclusion of funds
(Pub. L. 89–10, title I, § 1118, formerly § 1120A, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1511; renumbered § 1118 and amended Pub. L. 114–95, title I, §§ 1000(4), 1012, Dec. 10, 2015, 129 Stat. 1814, 1874.)
cite as: 20 USC 6321