In general
Allocation
Allocation
In general
section 7345(b) of this titlesection 7345(c) of this titleExcept as provided in paragraphs (3) and (4), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in for the preceding fiscal year.
Special determination
section 7345(b)(1)(C) of this titlesection 7345(c) of this titleFor a local educational agency that is eligible under and is a member of an educational service agency, the Secretary may determine the award amount by subtracting from the initial amount determined under paragraph (2), an amount that is equal to that local educational agency’s per-pupil share of the total amount received by the educational service agency under the provisions described in , as long as a determination under this subparagraph would not disproportionately affect any State.
Determination of initial amount
In general
The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000.
Special rule
Ratable adjustment
In general
If the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year.
Additional amounts
If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced.
Hold harmless
Disbursement
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 fiscal year.
Pub. L. 89–10, title V, § 5212Pub. L. 107–110, title VI, § 601115 Stat. 1892Pub. L. 114–95, title V129 Stat. 2039(, formerly title VI, § 6212, as added , , ; renumbered title V, § 5212, and amended , §§ 5001(a)(3), 5003(2), , , 2040, 2042.)
Editorial Notes
References in Text
section 7345(b)(1)(A)(ii) of this titlesection 7345(b)(1)(A)(ii) of this titlePub. L. 114–95, title V, § 5003(1)(B)(i)129 Stat. 2041section 7345 of this titleAmendments made by the Every Student Succeeds Act to , referred to in subsec. (b)(4), mean the amendments made to by , , . See 2015 Amendment note under .
Section 7345(b) of this titlesection 7345(b) of this titlePub. L. 114–95, title V129 Stat. 2039–2041 as such section was in effect on the day before , referred to in subsec. (b)(4), means prior to amendment by , §§ 5001(a)(3), 5003(1)(B), , .
Amendments
Pub. L. 114–95, § 5003(2)(A)2015—Subsec. (a). , added pars. (1) to (4) and struck out former pars. (1) to (5) which read as follows:
“(1) Part A of subchapter I of this chapter.
“(2) Part A or D of subchapter II of this chapter.
“(3) Subchapter III of this chapter.
“(4) Part A or B of subchapter IV of this chapter.
“(5) Part A of subchapter V of this chapter.”
Pub. L. 114–95, § 5003(2)(B)(i)section 7345(b) of this titlesection 7345(c) of this titleSubsec. (b)(1). , added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) of this section to a local educational agency eligible under for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in for the preceding fiscal year.”
Pub. L. 114–95, § 5003(2)(B)(ii)Subsec. (b)(2). , added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000.”
Pub. L. 114–95, § 5003(2)(B)(iii)Subsec. (b)(4). , added par. (4).
Pub. L. 114–95, § 5003(2)(C)Subsec. (d). , struck out subsec. (d). Text read as follows: “A local educational agency that is eligible to receive a grant under this subpart for a fiscal year is not eligible to receive funds for such fiscal year under subpart 2 of this part.”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–95section 5 of Pub. L. 114–95section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .