Sec. 1120. Comparability of services
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Section 1120 ( 20 U.S.C. 6321 ), as redesignated by section 1117(3), is amended— in subsection (a), by striking “involved”; and by striking subsection
(c)and inserting the following: Beginning for the 2015–2016 school year, a local educational agency may receive funds under this part only if the local educational agency demonstrates to the State educational agency that the combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) in each school served under this part, in the most recent year for which such data were available, are not less than the average combined State and local per-pupil expenditures for those schools that are not served under this part. If the local educational agency is serving all of the schools under its jurisdiction under this part, the agency shall demonstrate to the State educational agency that the average combined State and local per-pupil expenditures (including actual personnel and actual non-personnel expenditures) for its high-poverty schools, in the most recent year for which such data are available, were not less than the average combined State and local per-pupil expenditures for its low-poverty schools. A local educational agency may meet the requirements of subparagraphs
(A)and
(B)on a local educational agency-wide basis or a grade-span by grade-span basis. For the purpose of complying with this paragraph, a local educational agency shall exclude any State or local funds expended in any school for— excess costs of providing services to English learners; excess costs of providing services to children with disabilities; capital expenditures; and such other expenditures as the Secretary determines appropriate. A local educational agency need not include unpredictable changes in student enrollment or personnel assignments that occur after the beginning of a school year in determining compliance under this subsection. A local educational agency shall demonstrate that it is meeting the requirements of paragraph
(1)by submitting to the State educational agency the per-pupil expenditures, personnel expenditures, non-personnel expenditures, and total expenditures for each school served by the local educational agency. This subsection shall not apply to a local educational agency that does not have more than 1 building for each grade span. Each local educational agency assisted under this part shall, by October 31, 2016, report to the State educational agency on its compliance with the requirements of this subsection for the preceding school year, including a listing, by school, of actual combined per-pupil State and local personnel and non-personnel expenditures. Each State educational agency assisted under this part shall ensure that such information is made publicly available by the State or the local educational agency, including the school by school listing described in subparagraph (A). A local educational agency that does not meet the requirements of this subsection in any year shall develop and implement a plan to ensure compliance for the subsequent school year and may be required by the State educational agency to report on its progress in implementing such plan. For school years preceding the 2015–2016 school year, a local educational agency may receive funds under this part only if the local educational agency demonstrates to the State educational agency that the local educational agency meets the requirements of this subsection, as in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 . The Secretary shall take such steps as are necessary to provide for the orderly transition between the requirements under this section, as in effect on the day before the date of enactment of the Strengthening America's Schools Act of 2013 , and the new requirements under this section, as amended by such Act. Nothing in this subsection shall be construed to require a local educational agency to transfer school personnel in order to comply with this subsection. In the case of a State, State educational agency, or local educational agency that has, before the date of enactment of the Strengthening America's Schools Act of 2013 , enacted requirements relating to the comparability of educational expenditures that differ from the requirements of this subsection, the Secretary shall allow the local educational agency to demonstrate comparability of educational expenditures for purposes of this subsection through the enacted requirements if the Secretary determines that the enacted requirements provide the same, or a higher, standard of comparability for schools served under this part as required by this subsection. .
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Sec. 1120
Comparability of services
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