subpart 2—rural education initiative

Codification

Subpart 2 of part J of title X of the Elementary and Secondary Education Act of 1965, comprising this subpart, was originally added to Pub. L. 89–10, title X, by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3852. Subpart 2 is shown herein, however, as having been added by Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-89, without reference to Pub. L. 103–382 because of the extensive revision of subpart 2 by Pub. L. 106–554.

Subpart Referred to in Other Sections

This subpart is referred to in section 8271 of this title.

§8291. Purpose

It is the purpose of this subpart to address the unique needs of rural school districts that frequently—

(1) lack the personnel and resources needed to compete for Federal competitive grants; and

(2) receive formula allocations in amounts too small to be effective in meeting their intended purposes.

(Pub. L. 89–10, title X, §10972, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-89.)

Prior Provisions

A prior section 8291, Pub. L. 89–10, title X, §10971, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3852, set out findings, prior to the general amendment of this subpart by Pub. L. 106–554.

A prior section 10972 of Pub. L. 89–10 was classified to section 8292 of this title, prior to the general amendment of this subpart by Pub. L. 106–554.

Short Title

For short title of this subpart as the "Rural Education Achievement Program", see section 10971 of Pub. L. 89–10, as added by Pub. L. 106–554, set out as a note under section 6301 of this title.

§8292. Authorization of appropriations

There are authorized to be appropriated to carry out this subpart $62,500,000 for fiscal year 2001.

(Pub. L. 89–10, title X, §10973, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-89.)

Prior Provisions

A prior section 8292, Pub. L. 89–10, title X, §10972, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3853, related to the purpose of this subpart, prior to the general amendment of this subpart by Pub. L. 106–554.

A prior section 10973 of Pub. L. 89–10 was classified to section 8293 of this title, prior to the general amendment of this subpart by Pub. L. 106–554.

§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.

§8294. Competitive grant program authorized

(a) In general

The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies 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.

(b) Eligibility

A local educational agency shall be eligible to receive a grant under 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) Amount

(1) In general

The Secretary shall award a grant to a local educational agency under this section for a fiscal year in an amount equal to the amount determined under paragraph (2) for the fiscal year minus the total amount received under the provisions of law described under section 8293(c) of this title for the fiscal year.

(2) Determination

The amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students that are in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the amount may not exceed $60,000.

(3) Census determination

(A) In general

Each local educational agency desiring a grant under this section shall determine for each year the number of kindergarten through grade 12 students in average daily attendance at the schools served by the local educational agency during the period beginning or ¹ the first day of classes and ending on December 1.

(B) Submission

Each local educational agency shall submit the number described in subparagraph (A) to the Secretary not later than March 1 of each year.

(4) Penalty

If the Secretary determines that a local educational agency has knowingly submitted false information under paragraph (3) for the purpose of gaining additional funds under this section, then the local educational agency shall be fined an amount equal to twice the difference between the amount the local educational agency received under this section, and the correct amount the local educational agency would have received under this section if the agency had submitted accurate information under paragraph (3).

(d) Disbursal

The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that 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.

(Pub. L. 89–10, title X, §10975, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-90.)

Prior Provisions

A prior section 8294, Pub. L. 89–10, title X, §10974, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3854, related to fund usage, prior to the general amendment of this subpart by Pub. L. 106–554.

A prior section 10975 of Pub. L. 89–10 was classified to section 8295 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 section 8295 of this title.

¹ So in original. Probably should be "on".

§8295. Accountability

(a) Academic achievement

(1) In general

Each local educational agency that uses or receives funds under section 8293 or 8294 of this title for a fiscal year shall—

(A) administer an assessment that is used statewide and is consistent with the assessment described in section 6311(b) of this title, to assess the academic achievement of students in the schools served by the local educational agency; or

(B) in the case of a local educational agency for which there is no statewide assessment described in subparagraph (A), administer a test, that is selected by the local educational agency, to assess the academic achievement of students in the schools served by the local educational agency.

(2) Special rule

Each local educational agency that uses or receives funds under section 8293 or 8294 of this title shall use the same assessment or test described in paragraph (1) for each year of participation in the program carried out under such section.

(b) State educational agency determination regarding continuing participation

Each State educational agency that receives funding under the provisions of law described in section 8293(c) of this title shall—

(1) after the third year that a local educational agency in the State participates in a program authorized under section 8293 or 8294 of this title and on the basis of the results of the assessments or tests described in subsection (a) of this section, determine whether the students served by the local educational agency participating in the program performed better on the assessments or tests after the third year of the participation than the students performed on the assessments or tests after the first year of the participation;

(2) permit only the local educational agencies that participated in the program and served students that performed better on the assessments or tests, as described in paragraph (1), to continue to participate in the program for an additional period of 3 years; and

(3) prohibit the local educational agencies that participated in the program and served students that did not perform better on the assessments or tests, as described in paragraph (1), from participating in the program, for a period of 3 years from the date of the determination.

(Pub. L. 89–10, title X, §10976, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-91.)

Prior Provisions

A prior section 8295, Pub. L. 89–10, title X, §10975, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3857, related to higher education grants, prior to the general amendment of this subpart by Pub. L. 106–554.

§8296. Ratable reductions in case of insufficient appropriations

(a) In general

If the amount appropriated for any fiscal year and made available for grants under this subpart is insufficient to pay the full amount for which all agencies are eligible under this subpart, the Secretary shall ratably reduce each such amount.

(b) Additional amounts

If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subsection (a) of this section shall be increased on the same basis as such payments were reduced.

(Pub. L. 89–10, title X, §10977, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-92.)

§8297. Applicability

Sections 8271 and 8272 of this title shall not apply to this subpart.

(Pub. L. 89–10, title X, §10978, as added Pub. L. 106–554, §1(a)(1) [title IX, §901], Dec. 21, 2000, 114 Stat. 2763, 2763A-92.)