20 U.S.C. § 7428

(a)

In general

section 7423 of this titleSubject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits an application that is approved by the Secretary under this subpart the amount determined under . The Secretary shall notify the local educational agency of the amount of the payment not later than June 1 of the year for which the Secretary makes the payment.

(b)

Payments taken into account by the State

1 So in original. Probably should be “this subpart”.

The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State in which the local educational agency is located takes into consideration payments made under this chapter  in determining the eligibility of the local educational agency for State aid, or the amount of the State aid, with respect to the free public education of children during such fiscal year or the preceding fiscal year.

(c)

Reduction of payment for failure to maintain fiscal effort

section 7901 of this title section 7901 of this titleEach local educational agency shall maintain fiscal effort in accordance with or be subject to reduced payments under this subpart in accordance with such .

(d)

Reallocations

The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose of this subpart, any amounts that—

(1)

based on estimates made by local educational agencies or other information, the Secretary determines will not be needed by such agencies to carry out approved programs under this subpart; or

(2)

otherwise become available for reallocation under this subpart.

Pub. L. 89–10, title VI, § 6118 Pub. L. 107–110, title VII, § 701Jan. 8, 2002115 Stat. 1918 Pub. L. 114–95, title VIDec. 10, 2015129 Stat. 2046(, formerly title VII, § 7118, as added , , ; renumbered title VI, § 6118, and amended , §§ 6001(a), (b)(1), (8), 6002(j), , , 2047, 2054.)

Editorial Notes

Prior Provisions

Pub. L. 89–10, title VII, § 7118 Pub. L. 103–382, title I, § 101Oct. 20, 1994108 Stat. 3727 Pub. L. 107–110A prior section 7428, , as added , , , related to capacity building, prior to the general amendment of former subchapter VII of this chapter by .

Amendments

Pub. L. 114–95, § 6001(b)(8)section 7423 of this title2015—Subsec. (a). , made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 114–95, § 6002(j)Subsec. (c). , added subsec. (c) and struck out former subsec. (c) which related to reduction of payment for failure to maintain fiscal effort with possibility of temporary waiver.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .