View all text of Subpart 1 [§ 7345 - § 7345b]
§ 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.)