§8293. Formula grant program authorized

(a) Alternative uses

(1) In general

Notwithstanding any other provision of law, an eligible local educational agency may use the applicable funding, that the agency is eligible to receive from the State educational agency for a fiscal year, to carry out local activities authorized in part A of subchapter I of this chapter, section 6650(b) of this title, section 6844 of this title, or section 7116 of this title.

(2) Notification

An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1) not later than a date that is established by the State educational agency for the notification.

(b) Eligibility

A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) of this section if-

(1) the total number of students in average daily attendance at all of the schools served by the local educational agency is less than 600; and

(2) all of the schools served by the local educational agency are designated with a School Locale Code of 7 or 8, as determined by the Secretary of Education.

(c) Applicable funding

In this section, the term "applicable funding" means funds provided under each of subchapters II, IV, and VI of this chapter, except for funds made available under section 321 of the Department of Education Appropriations Act, 2001.

(d) Disbursal

Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time that the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year.

(e) Supplement not supplant

Funds made available under this section shall be used to supplement and not supplant any other State or local education funds.

(f) Special rule

References in Federal law to funds for the provisions of law set forth in subsection (c) of this section may be considered to be references to funds for this section.

(g) Construction

Nothing in this subpart shall be construed to prohibit a local educational agency that enters into cooperative arrangements with other local educational agencies for the provision of special, compensatory, or other education services pursuant to State law or a written agreement from entering into similar arrangements for the use or the coordination of the use of the funds made available under this subpart.

(Pub. L. 89–10, title X, §10974, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763 , 2763A-89.)

References in Text

Section 321 of the Department of Education Appropriations Act, 2001, referred to in subsec. (c), is section §1(a)(1) [title III, §321] of Pub. L 106–554, Dec. 21, 2000, 114 Stat. 2763, 2763A–50, which is not classified to the Code.

Prior Provisions

A prior section 8293, Pub. L. 89–10, title X, §10973, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3854 , authorized rural school grants, prior to the general amendment of this subpart by Pub. L. 106–554.

A prior section 10974 of Pub. L. 89–10 was classified to section 8294 of this title, prior to the general amendment of this subpart by Pub. L. 106–554.

Section Referred to in Other Sections

This section is referred to in sections 8294, 8295 of this title.