Sec. 401. Teacher Corps
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It is the purpose of this section to provide for the retention, rehiring, and hiring of 300,000 education jobs. There are authorized to be appropriated and there are appropriated out of any money in the Treasury not otherwise obligated for necessary expenses for a Teacher Corps, $20,000,000,000 for each of fiscal years 2014 and 2015: Provided, That the amount under this section shall be administered under the terms and conditions of sections 14001 through 14013 and title XV of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) except as follows:
Funds appropriated under this section shall be available only for allocation by the Secretary of Education (in this section referred to as the Secretary) in accordance with subsections (a), (b), (d), (e), and
(f)of section 14001 of division A of Public Law 111–5 and subparagraph
(B)of this paragraph, except that the amount reserved under such subsection
(b)shall not exceed $4,000,000 and such subsection
(f)shall be applied by substituting one year for two years. Prior to allocating funds to States under section 14001(d) of division A of Public Law 111–5, the Secretary shall allocate 0.5 percent to the Secretary of the Interior for schools operated or funded by the Bureau of Indian Affairs on the basis of the schools’ respective needs for activities consistent with this section under such terms and conditions as the Secretary of the Interior may determine. A State that receives an allocation of funds appropriated under this section may reserve not more than 1 percent for the administrative costs of carrying out its responsibilities with respect to those funds. Except as specified in paragraph (2), an allocation of funds to a State shall be used only for awards to local educational agencies for the support of elementary and secondary education in accordance with paragraph
(5)for the 2013–2014 and 2014–2015 school years. Funds used to support elementary and secondary education shall be distributed through a State’s primary elementary and secondary funding formulae or based on local educational agencies’ relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for the most recent fiscal year for which data are available. Subsections
(a)and
(b)of section 14002 of division A of Public Law 111–5 shall not apply to funds appropriated under this section. For purposes of awarding funds appropriated under this section, any State that has an approved application for Phase II of the State Fiscal Stabilization Fund that was submitted in accordance with the application notice published in the Federal Register on November 17, 2009 (74 Fed. Reg. 59142) shall be deemed to be in compliance with subsection
(b)and paragraphs
(2)through
(5)of subsection
(d)of section 14005 of division A of Public Law 111–5 . Notwithstanding section 14003(a) of division A of Public Law 111–5 , funds awarded to local educational agencies under paragraph (3)— may be used only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational and related services; and may not use more than 1 percent of such grant funds for administrative costs. A State that receives an allocation may not use such funds, directly or indirectly, to— establish, restore, or supplement a rainy-day fund; supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund; reduce or retire debt obligations incurred by the State; or supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State. Funds made available under this section shall be used to supplement, not supplant, the amount of funds that would, in the absence of the Federal funds made available under this section, be made available from local, State, and Federal sources to provide compensation and other expenses such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational and related services. The Secretary shall award funds appropriated under this section not later than 45 days after the date of the enactment of this Act to States that have submitted applications meeting the requirements applicable to funds under this section. The Secretary shall not require information in applications beyond what is necessary to determine compliance with applicable provisions of law. If, within 30 days after the date of the enactment of this Act, a Governor has not submitted an approvable application, the Secretary shall provide for funds allocated to that State to be distributed to another entity or other entities in the State (notwithstanding section 14001(e) of division A of Public Law 111–5 ) for support of elementary and secondary education, under such terms and conditions as the Secretary may establish, provided that all terms and conditions that apply to funds appropriated under this section shall apply to such funds distributed to such entity or entities. No distribution shall be made to a State under this paragraph, however, unless the Secretary has determined (on the basis of such information as may be available) that the requirements of paragraph
(11)are likely to be met, notwithstanding the lack of an application from the Governor of that State. Section 442 of the General Education Provisions Act shall not apply to a local educational agency that has previously submitted an application to the State under title XIV of division A of Public Law 111–5 . The assurances provided under that application shall continue to apply to funds awarded under this section. Subject to subparagraph (B), a local educational agency may receive a grant under this title for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the State involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year. The Secretary shall waive the requirements of this section if the Secretary determines that a waiver would be equitable due to— exceptional or uncontrollable circumstances, such as a natural disaster; or a precipitous decline in the financial resources of the local educational agency. Section 14005(d)(1) and subsections
(a)through
(c)of section 14012 of division A of Public Law 111–5 shall not apply to funds appropriated under this section.
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U.S. Code
2 references not yet in our index
- Pub. L. 111-5
- 74 FR 59142
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