Us Code § 7345 - Use of applicable funding
Full text of Us Code United States Code § 7345 — Use of applicable funding, with citation guidance and answers to common questions.
§ 7345. 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 subchapter I.
(B) Part A of subchapter II.
(C) Subchapter III.
(D) Part A or B of subchapter IV.
(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 locale code of 41, 42, or 43, as determined by the Secretary;
(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); or
(C) the local educational agency is a member of an educational service agency that does not receive funds under this subpart and the local educational agency meets the requirements of this part.
(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) Part A of subchapter II.
(2) Part A of subchapter IV.
(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).
(Pub. L. 89–10, title V, §5211, formerly title VI, §6211, as added Pub. L. 107–110, title VI, §601, Jan. 8, 2002, 115 Stat. 1891; renumbered title V, §5211, and amended Pub. L. 114–95, title V, §§5001(a)(3), 5003(1), Dec. 10, 2015, 129 Stat. 2039–2041.)
Editorial Notes
Prior Provisions
A prior section 5211 of Pub. L. 89–10 was renumbered section 4311 and was classified to section 7221j of this title, prior to repeal by Pub. L. 114–95.
Amendments
2015—Subsec. (a)(1). Pub. L. 114–95, §5003(1)(A), added subpars. (A) to (D) and struck out former subpars. (A) to (E) which read as follows:
"(A) Part A of subchapter I of this chapter.
"(B) Part A or D of subchapter II of this chapter.
"(C) Subchapter III of this chapter.
"(D) Part A or B of subchapter IV of this chapter.
"(E) Part A of subchapter V of this chapter."
Subsec. (b)(1)(A)(ii). Pub. L. 114–95, §5003(1)(B)(i), struck out "school" before "locale code" and substituted "41, 42, or 43, as determined by the Secretary;" for "7 or 8, as determined by the Secretary; or".
Subsec. (b)(1)(C). Pub. L. 114–95, §5003(1)(B)(ii), (iii), added subpar. (C).
Subsec. (c). Pub. L. 114–95, §5003(1)(C), added pars. (1) and (2) and struck out former pars. (1) to (3) which read as follows:
"(1) Subpart 2 of this part and section 6762(a)(2)(A) of this title.
"(2) Section 7114 of this title.
"(3) Part A of subchapter V of this chapter."
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
About This Section
20 U.S.C. § 7345 is part of Title 20 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 20 U.S.C. § 7345. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
How to Read This Statute
Statutes are organized by title, chapter, section, and subsection. Pay attention to words like "shall," "may," "and," and "or," because they determine whether a requirement is mandatory or permissive and whether multiple conditions must all be met. Historical notes and amendments often appear at the end of a section.
Using This Page
This page is intended for research and educational use. Lawyers, students, journalists, and compliance professionals can use it as a starting point, but should always verify the current text through an official government source before relying on it for legal advice, filings, or compliance decisions.