Sec. 502. School choice through portability
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Subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6331 et seq. ) is amended by adding at the end the following: Notwithstanding sections 1124, 1124A, and 1125 and any other provision of law, and to the extent permitted under State law, a State educational agency may allocate grant funds under this subpart among the local educational agencies in the State based on the formula described in paragraph (2). A State educational agency may allocate grant funds under this subpart for a fiscal year among the local educational agencies in the State in proportion to the number of eligible children enrolled in public schools served by the local educational agency and enrolled in State-accredited private schools within the local educational agency’s geographic jurisdiction, for the most recent fiscal year for which satisfactory data are available, compared to the number of such children in all such local educational agencies for that fiscal year.
In this section, the term eligible child means a child— from a family with an income below the poverty level, on the basis of the most recent satisfactory data published by the Department of Commerce; and who resides in an Economic Freedom Zone as designated under title II of the Economic Freedom Zones Act of 2013 . In determining the families with incomes below the poverty level for the purposes of paragraph (2), a State educational agency shall use the criteria of poverty used by the Census Bureau in compiling the most recent decennial census.
On an annual basis, on a date to be determined by the State educational agency, each local educational agency that receives grant funding in accordance with subsection
(a)shall inform the State educational agency of the number of eligible children enrolled in public schools served by the local educational agency and enrolled in State-accredited private schools within the local educational agency’s geographic jurisdiction. Each local educational agency that receives grant funding under subsection
(a)shall distribute such funds to the public schools served by the local educational agency and State-accredited private schools with the local educational agency’s geographic jurisdiction— based on the number of eligible children enrolled in such schools; and in the manner that would, in the absence of such Federal funds, supplement the funds made available from the non-Federal resources for the education of pupils participating in programs under this part, and not to supplant such funds. . The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1127 the following: Sec. 1128. School choice through portability. .
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Sec. 502
School choice through portability
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