§6126. Maintenance of effort

(a) In general

A State may receive a development grant under section 6122 of this title for a fiscal year only if the State provides assurances, satisfactory to the Secretaries, that-

(1) the amount of State funds expended per student by the State for school-to-work activities of the type described in subchapter I of this chapter for the preceding fiscal year was not less than 90 percent of the amount so expended for the second preceding fiscal year; or

(2) the aggregate amount of State funds expended by the State for such activities for the preceding fiscal year was not less than 90 percent of the amount so expended for the second preceding fiscal year.

(b) Waiver

(1) Determination

The Secretaries may jointly waive the requirements described in subsection (a) of this section for a State that requests such a waiver if the Secretaries determine that such a waiver would be equitable due to-

(A) exceptional or uncontrollable circumstances such as a natural disaster; or

(B) a precipitous decline in the financial resources of the State.

(2) Request

To be eligible to receive such a waiver, a State shall submit a request at such time, in such form, and containing such information as the Secretaries may require.

( Pub. L. 103–239, title II, §206, May 4, 1994, 108 Stat. 581 .)

Section Referred to in Other Sections

This section is referred to in section 6144 of this title.