§6649. Local cost-sharing

(a) In general

Each local educational agency shall provide not less than 33 percent of the cost of the activities assisted under this part, excluding the cost of services provided to private school teachers.

(b) Available resources for cost-sharing

(1) In general

A local educational agency may meet the requirement of subsection (a) of this section through one or more of the following:

(A) Cash expenditures from non-Federal sources, including private contributions, directed toward professional development activities.

(B) Release time for teachers participating in professional development assisted under this part.

(C) Funds received under one or more of the following programs, so long as such funds are used for professional development activities consistent with this part and the statutes under which such funds were received, and are used to benefit students and teachers in schools that otherwise would have been served with such funds:

(i) Helping disadvantaged children meet high standards under part A of subchapter I of this chapter.

(ii) The Safe and Drug-Free Schools and Communities program under subchapter IV of this chapter.

(iii) Bilingual Education Programs under part A of subchapter VII of this chapter.

(iv) Programs under the Women's Educational Equity Act of 1994 [20 U.S.C. 7231 et seq.].

(v) Programs under title III ¹ of the Goals 2000: Educate America Act.

(vi) Programs that are related to the purposes of this chapter that are administered by other Federal agencies, including the National Science Foundation, the National Endowment for the Humanities, the National Endowment for the Arts, the Institute of Museum and Library Services, and the Department of Energy.

(vii) Programs under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.].

(2) Special rule

A local educational agency may meet the requirement of subsection (a) of this section through contributions described in paragraph (1) that are provided in cash or in kind, fairly evaluated.

(c) Waiver

The State educational agency may approve an application which has not fully met the requirements of subsection (a) of this section and waive the requirements of subsection (a) of this section if a local educational agency can demonstrate that such agency is unable to meet the requirements of subsection (a) of this section due to economic hardship and that compliance with such requirements would preclude such agency's participation in the program.

(Pub. L. 89–10, title II, §2209, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3628 ; amended Pub. L. 104–208, div. A, title I, §101(e) [title VII, §709(b)(3)(A)], Sept. 30, 1996, 110 Stat. 3009–233 , 3009-313.)

References in Text

The Women's Educational Equity Act of 1994, referred to in subsec. (b)(1)(C)(iv), is part B (§§5201–5208) of title V of Pub. L. 89–10, as added by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3695 , which is classified generally to part B (§7231 et seq.) of subchapter V of this chapter. For complete classification of this Act to the Code, see section 7231 of this title and Tables.

The Goals 2000: Educate America Act, referred to in subsec. (b)(1)(C)(v), is Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 125 (except titles V and IX), as amended. Title III of the Act was classified generally to subchapter III (§5881 et seq.) of chapter 68 of this title and was repealed by Pub. L. 106–113, div. B, §1000(a)(4) [title III, §310(i)], Nov. 29, 1999, 113 Stat. 1535 , 1501A-265. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.

The Individuals with Disabilities Education Act, referred to in subsec. (b)(1)(C)(vii), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175 , as amended, which is classified generally to chapter 33 (§1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

Amendments

1996-Subsec. (b)(1)(C)(vi). Pub. L. 104–208, which directed the amendment of subsec. (b)(1)(C)(iv) by substituting "the Institute of Museum and Library Services" for "the Institute of Museum Services", was executed to subsec. (b)(1)(C)(vi) of this section to reflect the probable intent of Congress.

Section Referred to in Other Sections

This section is referred to in section 6648 of this title.

¹ See References in Text note below.