Supplement not supplant
Funds made available under this chapter for career and technical education activities shall supplement, and shall not supplant, non-Federal funds expended to carry out career and technical education activities.
Maintenance of effort
Determination
In general
Except as provided in subparagraph (B), (C), or (D), in order for a State to receive its full allotment of funds under this chapter for any fiscal year, the Secretary must find that the State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to career and technical education for the preceding fiscal year was not less than the fiscal effort per student, or the aggregate expenditures of such State, for the second preceding fiscal year.
Computation
In computing the fiscal effort or aggregate expenditures pursuant to subparagraph (A), the Secretary shall, at the request of the State, exclude competitive or incentive-based programs established by the State, capital expenditures, special one-time project costs, and the cost of pilot programs.
Decrease in Federal support
If the amount made available for career and technical education programs under this chapter for a fiscal year is less than the amount made available for career and technical education programs under this chapter for the preceding fiscal year, then the fiscal effort per student or the aggregate expenditures of a State required by subparagraph (A) for the preceding fiscal year shall be decreased by the same percentage as the percentage decrease in the amount so made available.
Establishing the state baseline
Failure to meet
In general
The Secretary shall reduce the amount of a State’s allotment of funds under this chapter for any fiscal year in the exact proportion by which the State fails to meet the requirement of paragraph (1) by falling below the State’s fiscal effort per student or the State’s aggregate expenditures (using the measure most favorable to the State), if the State failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years.
Special rule
No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years.
Waiver
The Secretary may waive paragraph (2) due to exceptional or uncontrollable circumstances affecting the ability of the State to meet the requirement of paragraph (1) such as a natural disaster or an unforeseen and precipitous decline in financial resources. No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort or aggregate expenditures required under this section for years subsequent to the year covered by such waiver. The fiscal effort or aggregate expenditures for the subsequent years shall be computed on the basis of the level of funding that would, but for such waiver, have been required.
Pub. L. 88–210, title II, § 211Pub. L. 109–270, § 1(b)120 Stat. 742Pub. L. 115–224, title II, § 201(a)(1)132 Stat. 1620(, formerly title III, § 311, as added , , ; renumbered title II, § 211, and amended , (5), (6), , , 1621.)
Editorial Notes
Prior Provisions
Pub. L. 88–210, title III, § 311Pub. L. 105–332, § 1(b)112 Stat. 3121Pub. L. 109–270A prior section 2391, , as added , , , related to fiscal requirements, prior to the general amendment of this chapter by .
Pub. L. 88–210, title III, § 331Pub. L. 98–524, § 198 Stat. 2463Pub. L. 101–392, title III, § 307(a)(2)104 Stat. 787Pub. L. 105–332Another prior section 2391, , formerly § 341, as added , , ; renumbered § 331 and amended , (c), , , stated findings of Congress, prior to the general amendment of this chapter by .
Amendments
Pub. L. 115–224, § 201(a)(1)(A)2018—Subsec. (a). , struck out “and tech prep program activities” before period at end.
Pub. L. 115–224, § 201(a)(1)(B)(i)(I)Subsec. (b)(1)(A). , amended subpar. (A) generally. Prior to amendment, text read as follows: “Except as provided in subparagraphs (B) and (C), no payments shall be made under this chapter for any fiscal year to a State for career and technical education programs or tech prep programs unless the Secretary determines that the fiscal effort per student or the aggregate expenditures of such State for career and technical education programs for the fiscal year preceding the fiscal year for which the determination is made, equaled or exceeded such effort or expenditures for career and technical education programs for the second fiscal year preceding the fiscal year for which the determination is made.”
Pub. L. 115–224, § 201(a)(1)(B)(i)(II)Subsec. (b)(1)(B). , substituted “shall, at the request of the State, exclude competitive or incentive-based programs established by the State, capital expenditures, special one-time project costs, and the cost of pilot programs.” for “shall exclude capital expenditures, special 1-time project costs, and the cost of pilot programs.”
Pub. L. 115–224, § 201(a)(1)(B)(i)(III)Subsec. (b)(1)(D). , added subpar. (D).
Pub. L. 115–224, § 201(a)(1)(B)(ii)Subsec. (b)(2), (3). , added pars. (2) and (3) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The Secretary may waive the requirements of this section, with respect to not more than 5 percent of expenditures by any eligible agency for 1 fiscal year only, on making a determination that such waiver would be equitable due to exceptional or uncontrollable circumstances affecting the ability of the eligible agency to meet such requirements, such as a natural disaster or an unforeseen and precipitous decline in financial resources. No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort or aggregate expenditures required under this section for years subsequent to the year covered by such waiver. The fiscal effort or aggregate expenditures for the subsequent years shall be computed on the basis of the level of funding that would, but for such waiver, have been required.”
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–224section 4 of Pub. L. 115–224section 2301 of this titleAmendment by effective , see , set out as a note under .