Laws & Guidance ELEMENTARY & SECONDARY EDUCATION
Subpart 1 — Small, Rural School Achievement Program

SEC. 6211. 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 title I.

        (B) Part A or D of title II.

        (C) Title III.

        (D) Part A or B of title IV.

        (E) Part A of title V.

      (2) NOTIFICATION- An eligible local educational agency shall notify the State educational agency of the local educational agency's intention to use the applicable funding in accordance with paragraph (1), by a date that is established by the State educational agency for the 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 school locale code of 7 or 8, as determined by the Secretary; or

        (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).

      (2) CERTIFICATION- The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State.

    (c) APPLICABLE FUNDING DEFINED- In this section, the term applicable funding' means funds provided under any of the following provisions:

      (1) Subpart 2 and section 2412(a)(2)(A) of title II.

      (2) Section 4114.

      (3) Part A of title V.

    (d) DISBURSEMENT- Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under this section for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year.

    (e) APPLICABLE RULES- Applicable funding under this section shall be available to carry out local activities authorized under subsection (a).

SEC. 6212. GRANT PROGRAM AUTHORIZED.

    (a) IN GENERAL- The Secretary is authorized to award grants to eligible local educational agencies to enable the local educational agencies to carry out activities authorized under any of the following provisions:

      (1) Part A of title I.

      (2) Part A or D of title II.

      (3) Title III.

      (4) Part A or B of title IV.

      (5) Part A of title V.

    (b) ALLOCATION-

      (1) IN GENERAL- Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 6211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 6211(c) for the preceding fiscal year.

      (2) DETERMINATION OF INITIAL AMOUNT- The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000.

      (3) RATABLE ADJUSTMENT-

        (A) IN GENERAL- If the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year.

        (B) ADDITIONAL AMOUNTS- If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced.

    (c) DISBURSEMENT- The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that fiscal year.

    (d) SPECIAL ELIGIBILITY RULE- A local educational agency that is eligible to receive a grant under this subpart for a fiscal year is not eligible to receive funds for such fiscal year under subpart 2.

SEC. 6213. ACCOUNTABILITY.

    (a) ACADEMIC ACHIEVEMENT ASSESSMENT- Each local educational agency that uses or receives funds under this subpart for a fiscal year shall administer an assessment that is consistent with section 1111(b)(3).

    (b) DETERMINATION REGARDING CONTINUING PARTICIPATION- Each State educational agency that receives funding under the provisions of law described in section 6211(c) shall —

      (1) after the third year that a local educational agency in the State participates in a program under this subpart and on the basis of the results of the assessments described in subsection (a), determine whether the local educational agency participating in the program made adequate yearly progress, as described in section 1111(b)(2);

      (2) permit only those local educational agencies that participated and made adequate yearly progress, as described in section 1111(b)(2), to continue to participate; and

      (3) permit those local educational agencies that participated and failed to make adequate yearly progress, as described in section 1111(b)(2), to continue to participate only if such local educational agencies use applicable funding under this subpart to carry out the requirements of section 1116.


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Last Modified: 09/15/2004