Collapse to view only § 7345. Use of applicable funding

§ 7345. Use of applicable funding
(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 under any of the following provisions:
(A) Part A of subchapter I.
(B) Part A of subchapter II.
(C) Subchapter III.
(D) Part A or B of subchapter IV.
(2) Notification
(b) Eligibility
(1) In general
A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if—
(A)
(i)(I) the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or(II) each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and
(ii) all of the schools served by the local educational agency are designated with a locale code of 41, 42, or 43, as determined by the Secretary;
(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s request to waive the criteria described in subparagraph (A)(ii); or
(C) the local educational agency is a member of an educational service agency that does not receive funds under this subpart and the local educational agency meets the requirements of this part.
(2) Certification
(c) Applicable funding defined
In this section, the term “applicable funding” means funds provided under any of the following provisions:
(1) Part A of subchapter II.
(2) Part A of subchapter IV.
(d) Disbursement
(e) Applicable rules
(Pub. L. 89–10, title V, § 5211, formerly title VI, § 6211, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1891; renumbered title V, § 5211, and amended Pub. L. 114–95, title V, §§ 5001(a)(3), 5003(1), Dec. 10, 2015, 129 Stat. 2039–2041.)
§ 7345a. 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 activities authorized under any of the following provisions:
(1) Part A of subchapter I.
(2) Part A of subchapter II.
(3) Subchapter III.
(4) Part A or B of subchapter IV.
(b) Allocation
(1) Allocation
(A) In general
(B) Special determination
(2) Determination of initial amount
(A) In general
(B) Special rule
For any fiscal year for which the amount made available to carry out this part is $265,000,000 or more, subparagraph (A) shall be applied—
(i) by substituting “$25,000” for “$20,000”; and
(ii) by substituting “$80,000” for “$60,000”.
(3) Ratable adjustment
(A) In general
(B) Additional amounts
(4) Hold harmless
For a local educational agency that is not eligible under this subpart due to amendments made by the Every Student Succeeds Act to section 7345(b)(1)(A)(ii) of this title but met the eligibility requirements under section 7345(b) of this title as such section was in effect on the day before December 10, 2015, the agency shall receive—
(A) for fiscal year 2017, 75 percent of the amount such agency received for fiscal year 2015;
(B) for fiscal year 2018, 50 percent of the amount such agency received for fiscal year 2015; and
(C) for fiscal year 2019, 25 percent of the amount such agency received for fiscal year 2015.
(c) Disbursement
(Pub. L. 89–10, title V, § 5212, formerly title VI, § 6212, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1892; renumbered title V, § 5212, and amended Pub. L. 114–95, title V, §§ 5001(a)(3), 5003(2), Dec. 10, 2015, 129 Stat. 2039, 2040, 2042.)
§ 7345b. Repealed. Pub. L. 114–95, title V, § 5003(3), Dec. 10, 2015, 129 Stat. 2043