Laws & Guidance ELEMENTARY & SECONDARY EDUCATION
Subpart 1 — State and Local Programs

SEC. 5111. ALLOTMENT TO STATES.

    (a) IN GENERAL- From the sums appropriated to carry out this part for each fiscal year and not reserved under subsection (b), the Secretary shall allot, and make available in accordance with this part, to each State educational agency an amount that bears the same ratio to such sums as the school-age population of the State bears to the school-age population of all States, except that no State shall receive less than an amount equal to one-half of 1 percent of such sums.

    (b) RESERVATION- From the sums appropriated to carry out this part for each fiscal year, the Secretary shall reserve not more than 1 percent for payments to the outlying areas, to be allotted in accordance with their respective needs for assistance under this part.

SEC. 5112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

    (a) DISTRIBUTION RULE-

      (1) ALLOCATION OF BASE AMOUNTS- From the amount made available to a State educational agency under this part for a fiscal year, the State educational agency shall distribute, to local educational agencies within the State, an amount that is not less than 85 percent of the amount made available to the State educational agency under this part for fiscal year 2002, according to the relative enrollments in public and in private nonprofit schools within the jurisdictions of such local educational agencies, adjusted, in accordance with criteria approved by the Secretary, to provide higher per-pupil allocations to local educational agencies that have the greatest numbers or percentages of children whose education imposes a higher-than-average cost per child, such as —

        (A) children living in areas with high concentrations of economically disadvantaged families;

        (B) children from economically disadvantaged families; and

        (C) children living in sparsely populated areas.

      (2) ALLOCATION OF INCREASED AMOUNTS- From the amount made available to a State educational agency under this part for a fiscal year that exceeds the amount made available to the agency under this part for fiscal year 2002, the State educational agency shall distribute 100 percent (or, in the case of a State educational agency receiving a minimum allotment under section 5111(a), not less than 50 percent, notwithstanding subsection (b)) to local educational agencies within the State, on the same basis as the State educational agency distributes amounts under paragraph (1).

    (b) LIMITATIONS AND REQUIREMENTS- Not more than 15 percent of funds made available under section 5111 for State programs under this part for any fiscal year may be used for State administration under section 5121.

    (c) CALCULATION OF ENROLLMENTS-

      (1) IN GENERAL- The calculation of relative enrollments under subsection (a)(1) shall be on the basis of the total of —

        (A) the number of children enrolled in public schools; and

        (B) the number of children enrolled in private nonprofit schools that participated in programs assisted under this part, for the fiscal year preceding the fiscal year for which the determination is made.

      (2) RULE OF CONSTRUCTION- Nothing in this subsection shall diminish the responsibility of each local educational agency to contact, on an annual basis, appropriate officials from private nonprofit schools within the areas served by such agencies in order to determine whether such schools desire that their children participate in programs assisted under this part.

      (3) ADJUSTMENTS-

        (A) STATE CRITERIA- Relative enrollments calculated under subsection (a)(1) shall be adjusted, in accordance with criteria approved by the Secretary under subparagraph (B), to provide higher per-pupil allocations only to local educational agencies that serve the greatest numbers or percentages of—

          (i) children living in areas with high concentrations of economically disadvantaged families;

          (ii) children from economically disadvantaged families; or

          (iii) children living in sparsely populated areas.

        (B) REVIEW OF CRITERIA- The Secretary shall review criteria submitted by a State educational agency for adjusting allocations under paragraph (1) and shall approve such criteria only if the Secretary determines that such criteria are reasonably calculated to produce an adjusted allocation that reflects the relative needs of the State's local educational agencies based on the factors set forth in subparagraph (A).

    (d) PAYMENT OF ALLOCATIONS-

      (1) DISTRIBUTION- From the funds paid to a State educational agency under this subpart for a fiscal year, the State educational agency shall distribute to each eligible local educational agency that has submitted an application as required by section 5133 the amount of such local educational agency's allocation, as determined under subsection (a).

      (2) ADDITIONAL FUNDS-

        (A) USE- Additional funds resulting from higher per-pupil allocations provided to a local educational agency on the basis of adjusted enrollments of children described in subsection (a)(1) may, in the discretion of the local educational agency, be allocated for expenditures to provide services for children enrolled in public schools and private nonprofit schools in direct proportion to the number of children described in subsection (a)(1) and enrolled in such schools within the area served by the local educational agency.

        (B) ALLOCATION- In any fiscal year, any local educational agency that elects to allocate such additional funds in the manner described in subparagraph (A) shall allocate all additional funds to schools within the area served by the local educational agency in such manner.

        (C) RULE OF CONSTRUCTION- Subparagraphs (A) and (B) may not be construed to require any school to limit the use of the additional funds described in subparagraph (A) to the provision of services to specific students or categories of students.

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Last Modified: 09/15/2004