20 U.S.C. § 6313 — Eligible school attendance areas

Page 1352 TITLE 20—EDUCATION § 6313 grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6313. Eligible school attendance areas (a) Determination (1) In general A local educational agency shall use funds received under this part only in eligible school attendance areas. (2) Eligible school attendance areas For the purposes of this part— (A) the term ‘‘school attendance area’’ means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and (B) the term ‘‘eligible school attendance area’’ means a school attendance area in which the percentage of children from low- income families is at least as high as the percentage of children from low-income fam- ilies served by the local educational agency as a whole. (3) Ranking order (A) Ranking Except as provided in subparagraph (B), if funds allocated in accordance with sub- section (c) are insufficient to serve all eligi- ble school attendance areas, a local edu- cational agency shall— (i) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentra- tion of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and (ii) serve such eligible school attendance areas in rank order. (B) Exception A local educational agency may lower the threshold in subparagraph (A)(i) to 50 per- cent for high schools served by such agency. (4) Remaining funds If funds remain after serving all eligible school attendance areas under paragraph (3), a local educational agency shall— (A) annually rank such agency’s remaining eligible school attendance areas from high- est to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and (B) serve such eligible school attendance areas in rank order either within each grade- span grouping or within the local edu- cational agency as a whole. (5) Measures (A) In general Except as provided in subparagraph (B), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell Na- tional School Lunch Act (42 U.S.C. 1751 et seq.), the number of children in families re- ceiving assistance under the State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.], or the number of children eligible to receive med- ical assistance under the Medicaid Program, or a composite of such indicators, with re- spect to all school attendance areas in the local educational agency— (i) to identify eligible school attendance areas; (ii) to determine the ranking of each area; and (iii) to determine allocations under sub- section (c). (B) Secondary schools For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be— (i) the measure described under subpara- graph (A); or (ii) subject to meeting the conditions of subparagraph (C), an accurate estimate of the number of students in low-income fam- ilies in a secondary school that is cal- culated by applying the average percent- age of students in low-income families of the elementary school attendance areas as calculated under subparagraph (A) that feed into the secondary school to the num- ber of students enrolled in such school. (C) Measure of poverty The local educational agency shall have the option to use the measure of poverty de- scribed in subparagraph (B)(ii) after— (i) conducting outreach to secondary schools within such agency to inform such schools of the option to use such measure; and (ii) a majority of such schools have ap- proved the use of such measure. (6) Exception This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. (7) Waiver for desegregation plans The Secretary may approve a local edu- cational agency’s written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school de- segregation plan or a plan that continues to be implemented in accordance with a State-or- dered or court-ordered desegregation plan, if— (A) the number of economically disadvan- taged children enrolled in the school is at least 25 percent of the school’s total enroll- ment; and (B) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Sec- retary establishes, that approval of that re- quest would further the purposes of this part. Page 1353 TITLE 20—EDUCATION § 6313 (b) Local educational agency discretion (1) In general Notwithstanding subsection (a)(2), a local educational agency may— (A) designate as eligible any school attend- ance area or school in which at least 35 per- cent of the children are from low-income families; (B) use funds received under this part in a school that is not in an eligible school at- tendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the per- centage of such children in a participating school attendance area of such agency; (C) designate and serve a school attend- ance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and (D) elect not to serve an eligible school at- tendance area or eligible school that has a higher percentage of children from low-in- come families if— (i) the school meets the comparability requirements of section 6321(c) of this title; (ii) the school is receiving supplemental funds from other State or local sources that are spent according to the require- ments of section 6314 or 6315 of this title; and (iii) the funds expended from such other sources equal or exceed the amount that would be provided under this part. (2) Special rule Notwithstanding paragraph (1)(D), the num- ber of children attending private elementary schools and secondary schools who are to re- ceive services, and the assistance such chil- dren are to receive under this part, shall be de- termined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A). (c) Allocations (1) In general A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsections (a) and (b), in rank order, on the basis of the total number of children from low-income families in each area or school. (2) Special rule (A) In general Except as provided in subparagraph (B), the per-pupil amount of funds allocated to each school attendance area or school under paragraph (1) shall be at least 125 percent of the per-pupil amount of funds a local edu- cational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 6312 of this title, except that this paragraph shall not apply to a local edu- cational agency that only serves schools in which the percentage of such children is 35 percent or greater. (B) Exception A local educational agency may reduce the amount of funds allocated under subpara- graph (A) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for pro- grams that meet the requirements of section 6314 or 6315 of this title. (3) Reservation of funds (A) In general A local educational agency shall reserve such funds as are necessary under this part, determined in accordance with subpara- graphs (B) and (C), to provide services com- parable to those provided to children in schools funded under this part to serve— (i) homeless children and youths, includ- ing providing educationally related sup- port services to children in shelters and other locations where children may live; (ii) children in local institutions for ne- glected children; and (iii) if appropriate, children in local in- stitutions for delinquent children, and ne- glected or delinquent children in commu- nity day programs. (B) Method of determination The share of funds determined under sub- paragraph (A) shall be determined— (i) based on the total allocation received by the local educational agency; and (ii) prior to any allowable expenditures or transfers by the local educational agen- cy. (C) Homeless children and youths Funds reserved under subparagraph (A)(i) may be— (i) determined based on a needs assess- ment of homeless children and youths in the local educational agency, taking into consideration the number and needs of homeless children and youths in the local educational agency, and which needs as- sessment may be the same needs assess- ment as conducted under section 11433(b)(1) of title 42; and (ii) used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing— (I) funding for the liaison designated pursuant to section 11432(g)(1)(J)(ii) of title 42; and (II) transportation pursuant to section 11432(g)(1)(J)(iii) of such title. (4) Financial incentives and rewards reserva- tion A local educational agency may reserve such funds as are necessary from those funds re- ceived by the local educational agency under subchapter II, and not more than 5 percent of those funds received by the local educational agency under subpart 2 of this part, to provide financial incentives and rewards to teachers who serve in schools eligible under this sec- tion and identified for comprehensive support and improvement activities or targeted sup- Page 1354 TITLE 20—EDUCATION § 6314 port and improvement activities under section 6311(d) of this title for the purpose of attract- ing and retaining qualified and effective teachers. (5) Early childhood education A local educational agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible children. (Pub. L. 89–10, title I, § 1113, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1469; amended Pub. L. 114–95, title I, § 1007, Dec. 10, 2015, 129 Stat. 1859.) Editorial Notes REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsec. (a)(5)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Social Security Act, referred to in subsec. (a)(5)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see section 1305 of Title 42 and Tables. PRIOR PROVISIONS A prior section 6313, Pub. L. 89–10, title I, § 1113, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3532; amended Pub. L. 104–193, title I, § 110(j)(1), Aug. 22, 1996, 110 Stat. 2172; Pub. L. 106–78, title VII, § 752(b)(10), Oct. 22, 1999, 113 Stat. 1169, related to eligible school at- tendance areas, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a)(3). Pub. L. 114–95, § 1007(1)(A), added par. (3) and struck out former par. (3). Prior to amend- ment, text read as follows: ‘‘If funds allocated in ac- cordance with subsection (c) of this section are insuffi- cient to serve all eligible school attendance areas, a local educational agency shall— ‘‘(A) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest ac- cording to the percentage of children from low-in- come families; and ‘‘(B) serve such eligible school attendance areas in rank order.’’ Subsec. (a)(5). Pub. L. 114–95, § 1007(1)(B), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: ‘‘The local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data ap- proved by the Secretary, the number of children eligi- ble for free and reduced priced lunches under the Rich- ard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid pro- gram, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— ‘‘(A) to identify eligible school attendance areas; ‘‘(B) to determine the ranking of each area; and ‘‘(C) to determine allocations under subsection (c) of this section.’’ Subsec. (b)(1)(D)(i). Pub. L. 114–95, § 1007(2), made technical amendment to reference in original act which appears in text as reference to section 6321(c) of this title. Subsec. (c)(3). Pub. L. 114–95, § 1007(3)(A), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to chil- dren in schools funded under this part to serve— ‘‘(A) homeless children who do not attend partici- pating schools, including providing educationally re- lated support services to children in shelters and other locations where children may live; ‘‘(B) children in local institutions for neglected children; and ‘‘(C) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs.’’ Subsec. (c)(4). Pub. L. 114–95, § 1007(3)(B), substituted ‘‘comprehensive support and improvement activities or targeted support and improvement activities under sec- tion 6311(d)’’ for ‘‘school improvement, corrective ac- tion, and restructuring under section 6316(b)’’. Subsec. (c)(5). Pub. L. 114–95, § 1007(3)(C), added par. (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6314. Schoolwide programs (a) In general (1) Use of funds for schoolwide programs (A) Eligibility A local educational agency may consoli- date and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational pro- gram of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low- income families, or not less than 40 percent of the children enrolled in the school are from such families. (B) Exception A school that serves an eligible school at- tendance area in which less than 40 percent of the children are from low-income fami- lies, or a school for which less than 40 per- cent of the children enrolled in the school are from such families, may operate a schoolwide program under this section if the school receives a waiver from the State edu- cational agency to do so, after taking into account how a schoolwide program will best serve the needs of the students in the school served under this part in improving aca- demic achievement and other factors. (2) Identification of students not required (A) In general No school participating in a schoolwide program shall be required to identify— (i) particular children under this part as eligible to participate in a schoolwide pro- gram; or