Sec. 103. Flexibility to use Federal funds
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/bill/113/hr/5/eh/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1002 ( 20 U.S.C. 6302 ) is amended to read as follows: Subject to subsections
(c)and
(d)and notwithstanding any other provision of law, a State educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any State activity authorized or required under one or more of the following provisions: Section 1003. Section 1004. Subpart 2 of part A of title I. Subpart 3 of part A of title I. Subpart 4 of part A of title I. Not later than June 1 of each year, a State educational agency shall notify the Secretary of the State educational agency’s intention to use the applicable funding for any of the alternative uses under paragraph (1). Except as provided in subparagraph (B), in this subsection, the term applicable funding means funds provided to carry out State activities under one or more of the following provisions. Section 1003. Section 1004. Subpart 2 of part A of title I. Subpart 3 of part A of title I. Subpart 4 of part A of title I. In this subsection, the term applicable funding does not include funds provided under any of the provisions listed in subparagraph
(A)that State educational agencies are required by this Act— to reserve, allocate, or spend for required activities; to allocate, allot, or award to local educational agencies or other entities eligible to receive such funds; or to use for technical assistance or monitoring. The Secretary shall disburse the applicable funding to State educational agencies for alternative uses under paragraph
(1)for a fiscal year at the same time as the Secretary disburses the applicable funding to State educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. Subject to subsections
(c)and
(d)and notwithstanding any other provision of law, a local educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any local activity authorized or required under one or more of the following provisions: Section 1003. Subpart 1 of part A of title I. Subpart 2 of part A of title I. Subpart 3 of part A of title I. Subpart 4 of part A of title I. A local educational agency shall notify the State educational agency of the local educational agency’s intention to use the applicable funding for any of the alternative uses under paragraph
(1)by a date that is established by the State educational agency for the notification. Except as provided in subparagraph (B), in this subsection, the term applicable funding means funds provided to carry out local activities under one or more of the following provisions: Subpart 2 of part A of title I. Subpart 3 of part A of title I. Subpart 4 of part A of title I. In this subsection, the term applicable funding does not include funds provided under any of the provisions listed in subparagraph
(A)that local educational agencies are required by this Act— to reserve, allocate, or spend for required activities; to allocate, allot, or award to entities eligible to receive such funds; or to use for technical assistance or monitoring. 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 paragraph
(1)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. A State educational agency or a local educational agency shall only use applicable funding (as defined in subsection (a)(3) or (b)(3), respectively) for administrative costs incurred in carrying out a provision listed in subsection (a)(1) or (b)(1), respectively, to the extent that the agency, in the absence of this section, could have used funds for administrative costs with respect to a program listed in subsection (a)(3) or (b)(3), respectively. Nothing in this section shall be construed to relieve a State educational agency or local educational agency of any requirements relating to— use of Federal funds to supplement, not supplant, non-Federal funds; comparability of services; equitable participation of private school students and teachers; applicable civil rights requirements; section 1113; or section 1111. .
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Sec. 103
Flexibility to use Federal funds
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