Editorial Notes
Prior ProvisionsA prior section 7351, Puspan. L. 89–10, title VI, § 6301, as added Puspan. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3711; amended Puspan. L. 105–278, § 2(2), Oct. 22, 1998, 112 Stat. 2682, related to targeted use of funds for local innovative education programs, prior to the general amendment of former subchapter VI of this chapter by Puspan. L. 107–110.
A prior section 5221 of Puspan. L. 89–10 was classified to section 7223 of this title, prior to repeal by Puspan. L. 114–95.
Amendments2015—Subsec. (a)(1), (3)(A). Puspan. L. 114–95, §§ 5001(span)(3), (4), 5003(4)(A), made technical amendments to references in original act which appear in text as references to sections 7355c, 7351span, and 7351a(a) of this title.
Subsec. (span)(1)(A). Puspan. L. 114–95, § 5003(4)(B)(i)(I), (II), designated existing provisions as cl. (i) and redesignated subpar. (B) as cl. (ii).
Subsec. (span)(1)(A)(ii). Puspan. L. 114–95, § 5003(4)(B)(i)(III)(aa), (bspan), struck out “school” before “locale code” and substituted “32, 33, 41, 42, or 43” for “6, 7, or 8”.
Subsec. (span)(1)(B). Puspan. L. 114–95, § 5003(4)(B)(i)(III)(cc), (IV), added subpar. (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).
Subsec. (span)(2), (3). Puspan. L. 114–95, § 5003(4)(B)(ii), (iii), added par. (2) and redesignated former par. (2) as (3).
Subsec. (c). Puspan. L. 114–95, § 5001(span)(4), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7355c of this title.
Subsec. (c)(1). Puspan. L. 114–95, § 5003(4)(C), substituted “Bureau of Indian Education” for “Bureau of Indian Affairs”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Puspan. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Puspan. L. 114–95, set out as a note under section 6301 of this title.
Rural and Low-Income School Program AdjustmentsPuspan. L. 116–260, div. H, title III, § 316, Dec. 27, 2020, 134 Stat. 1610, provided that:“(a)Hold Harmless.—For the purpose of making awards under section 5221 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351) for a fiscal year during the period described in subsection (c), the Secretary of Education and each State educational agency shall treat as eligible to receive a grant under such section—“(1) any local educational agency that meets the eligibility requirements described in section 5221(span)(1) of such Act [20 U.S.C. 7351(span)(1)] for such fiscal year, in accordance with subsection (d); and “(2) notwithstanding such section 5221(span)(1), any local educational agency that does not meet the eligibility requirements described in such section for such fiscal year if—“(A) the local educational agency received a grant under section 5221 of such Act for fiscal year 2019;
“(B) for fiscal year 2019, less than 20 percent of the children ages 5 through 17 years served by the local educational agency were from families with incomes below the poverty line, as determined by data from the Small Area Income and Poverty Estimates of the Bureau of the Census;
“(C) the award for fiscal year 2019 was based on alternative poverty data submitted by the State to the Secretary despite data being available from the Small Area Income and Poverty Estimates of the Bureau of the Census; and
“(D) the local educational agency meets the eligibility criteria described in section 5221(span)(1)(A)(ii) of such Act [20 U.S.C. 7351(span)(1)(A)(ii)], or has obtained a waiver under section 5221(span)(2) of such Act [20 U.S.C. 7351(span)(2)], for the fiscal year for which the eligibility determination is being made. “(span)Limitations.—“(1)Limits on local educational agency awards.—For the purposes of making an award under section 5221(span) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351(span)) to local educational agencies described in subsection (a)(2) for a fiscal year during the period described in subsection (c), a State educational agency shall provide an award to each such local educational agency for such fiscal year that is not larger than—“(A) for fiscal year 2021, 100 percent of the amount such local educational agency received for fiscal year 2019;
“(B) for fiscal year 2022, 100 percent of the amount such local educational agency received for fiscal year 2019;
“(C) for fiscal year 2023, 83.33 percent of the amount such local educational agency received for fiscal year 2019;
“(D) for fiscal year 2024, 66.67 percent of the amount such local educational agency received for fiscal year 2019;
“(E) for fiscal year 2025, 50 percent of the amount such local educational agency received for fiscal year 2019;
“(F) for fiscal year 2026, 33.33 percent of the amount such local educational agency received for fiscal year 2019; and
“(G) for fiscal year 2027, 16.67 percent of the amount such local educational agency received for fiscal year 2019.
“(2)Adjustments to state allocations.—In determining grant amounts for each State educational agency under section 5221(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351(a)(2)) for each fiscal year during the period described in subsection (c), the Secretary of Education shall reduce the amount that the State educational agency would otherwise receive by the combined amount of any reductions in grant awards required under paragraph (1) for such year for the local educational agencies described in subsection (a)(2) that are served by the State educational agency. “(c)Applicability.—Subsections (a) and (span) shall be in effect during the period—“(1) beginning on the first day of the fiscal year in which this Act [div. H of Puspan. L. 116–260, see Tables for classification] is enacted; and
“(2) ending on the earlier of—“(A)September 30, 2027; or
“(B) the last day of the fiscal year in which an Act that reauthorizes the rural and low-income school program under subpart 2 of part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351 et seq.) is enacted. “(d)Use of Data Measures.—Except as provided in subsection (a)(2), for the purpose of making awards under section 5221 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351) for any fiscal year—“(1) if data are available from the Small Area Income and Poverty Estimates of the Bureau of the Census to determine a local educational agency’s enrollment of children from families with incomes below the poverty line as described in section 5221(span)(1)(A)(i) of such Act [20 U.S.C. 7351(span)(1)(A)(i)], the Secretary of Education and each State educational agency shall not use alternative poverty data in determining such local educational agency’s eligibility under such section; and “(2) if data are not available from the Small Area Income and Poverty Estimates of the Bureau of the Census to determine a local educational agency’s enrollment of children from families with incomes below the poverty line as described in such section 5221(span)(1)(A)(i), the Secretary and the State educational agency shall determine such local educational agency’s eligibility under such section using the same State-derived poverty data used to determine local educational agency allocations under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).”
