Program authorized
Grants to States
In general
Allotment
Specially qualified agencies
Eligibility and application
Direct awards
Specially qualified agency defined
Local awards
Eligibility
A local educational agency shall be eligible to receive a grant under this subpart if—
20 percent or more of the children ages 5 through 17 years served by the local educational agency are from families with incomes below the poverty line; and
all of the schools served by the agency are designated with a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; or
the agency meets the criteria established in clause (i) of subparagraph (A) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s request to waive the criteria described in clause (ii) of such subparagraph.
Certification
Award basis
A State educational agency shall award grants to eligible local educational agencies—
on a competitive basis;
according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools in the State; or
according to an alternative formula, if, prior to awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency to allot the grant funds in a manner that serves equal or greater concentrations of children from families with incomes below the poverty line, relative to the concentrations that would be served if the State educational agency used the formula described in subparagraph (B).
Reservations
From amounts appropriated under section 7355c of this title for this subpart for a fiscal year, the Secretary shall reserve—
one-half of 1 percent to make awards to elementary schools or secondary schools operated or supported by the Bureau of Indian Education, to carry out the activities authorized under this subpart; and
one-half of 1 percent to make awards to the outlying areas in accordance with their respective needs, to carry out the activities authorized under this subpart.
Source
(Pub. L. 89–10, title V, § 5221, formerly title VI, § 6221, as added Pub. L. 107–110, title VI, § 601,Notes
Editorial Notes
Prior Provisions
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Rural and Low-Income School Program Adjustments
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—
any local educational agency that meets the eligibility requirements described in section 5221(b)(1) of such Act [20 U.S.C. 7351(b)(1)] for such fiscal year, in accordance with subsection (d); and
notwithstanding such section 5221(b)(1), any local educational agency that does not meet the eligibility requirements described in such section for such fiscal year if—
the local educational agency received a grant under section 5221 of such Act for fiscal year 2019;
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;
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
the local educational agency meets the eligibility criteria described in section 5221(b)(1)(A)(ii) of such Act [20 U.S.C. 7351(b)(1)(A)(ii)], or has obtained a waiver under section 5221(b)(2) of such Act [20 U.S.C. 7351(b)(2)], for the fiscal year for which the eligibility determination is being made.
Limitations.—
Limits on local educational agency awards.—
For the purposes of making an award under section 5221(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351(b)) 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—
for fiscal year 2021, 100 percent of the amount such local educational agency received for fiscal year 2019;
for fiscal year 2022, 100 percent of the amount such local educational agency received for fiscal year 2019;
for fiscal year 2023, 83.33 percent of the amount such local educational agency received for fiscal year 2019;
for fiscal year 2024, 66.67 percent of the amount such local educational agency received for fiscal year 2019;
for fiscal year 2025, 50 percent of the amount such local educational agency received for fiscal year 2019;
for fiscal year 2026, 33.33 percent of the amount such local educational agency received for fiscal year 2019; and
for fiscal year 2027, 16.67 percent of the amount such local educational agency received for fiscal year 2019.
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.
Applicability.—
Subsections (a) and (b) shall be in effect during the period—
beginning on the first day of the fiscal year in which this Act [div. H of Pub. L. 116–260, see Tables for classification] is enacted; and
ending on the earlier of—
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.
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—
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(b)(1)(A)(i) of such Act [20 U.S.C. 7351(b)(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
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(b)(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.).”