20 USC 6313 - Eligible school attendance areas

U.S Code last checked for updates: Nov 22, 2024

§ 6313.

Eligible school attendance areas

(a)

Determination

(1)

In general

(2)

Eligible school attendance areas

For the purposes of this part—

(A)

the term “school attendance area” means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and

(B)

the term “eligible school attendance area” means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole.

(3)

Ranking order

(A)

Ranking

Except as provided in subparagraph (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall—

(i)

annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and

(ii)

serve such eligible school attendance areas in rank order.

(B)

Exception

(4)

Remaining funds

If funds remain after serving all eligible school attendance areas under paragraph (3), a local educational agency shall—

(A)

annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and

(B)

serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole.

(5)

Measures

(A)

In general

Except as provided in subparagraph (B), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.], or the number of children eligible to receive medical assistance under the Medicaid Program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency—

(i)

to identify eligible school attendance areas;

(ii)

to determine the ranking of each area; and

(iii)

to determine allocations under subsection (c).

(B)

Secondary schools

For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be—

(i)

the measure described under subparagraph (A); or

(ii)

subject to meeting the conditions of subparagraph (C), an accurate estimate of the number of students in low-income families in a secondary school that is calculated by applying the average percentage of students in low-income families of the elementary school attendance areas as calculated under subparagraph (A) that feed into the secondary school to the number of students enrolled in such school.

(C)

Measure of poverty

The local educational agency shall have the option to use the measure of poverty described in subparagraph (B)(ii) after—

(i)

conducting outreach to secondary schools within such agency to inform such schools of the option to use such measure; and

(ii)

a majority of such schools have approved the use of such measure.

(6)

Exception

(7)

Waiver for desegregation plans

The Secretary may approve a local educational agency’s written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if—

(A)

the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and

(B)

the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part.

(b)

Local educational agency discretion

(1)

In general

Notwithstanding subsection (a)(2), a local educational agency may—

(A)

designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families;

(B)

use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency;

(C)

designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and

(D)

elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if—

(i)

the school meets the comparability requirements of section 6321(c) of this title;

(ii)

the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of section 6314 or 6315 of this title; and

(iii)

the funds expended from such other sources equal or exceed the amount that would be provided under this part.

(2)

Special rule

(c)

Allocations

(1)

In general

(2)

Special rule

(A)

In general

(B)

Exception

(3)

Reservation of funds

(A)

In general

A local educational agency shall reserve such funds as are necessary under this part, determined in accordance with subparagraphs (B) and (C), to provide services comparable to those provided to children in schools funded under this part to serve—

(i)

homeless children and youths, including providing educationally related support services to children in shelters and other locations where children may live;

(ii)

children in local institutions for neglected children; and

(iii)

if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs.

(B)

Method of determination

The share of funds determined under subparagraph (A) shall be determined—

(i)

based on the total allocation received by the local educational agency; and

(ii)

prior to any allowable expenditures or transfers by the local educational agency.

(C)

Homeless children and youths

Funds reserved under subparagraph (A)(i) may be—

(i)

determined based on a needs assessment of homeless children and youths in the local educational agency, taking into consideration the number and needs of homeless children and youths in the local educational agency, and which needs assessment may be the same needs assessment as conducted under section 11433(b)(1) of title 42; and

(ii)

used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing—

(I)

funding for the liaison designated pursuant to section 11432(g)(1)(J)(ii) of title 42; and

(II)

transportation pursuant to section 11432(g)(1)(J)(iii) of such title.

(4)

Financial incentives and rewards reservation

(5)

Early childhood education

(Pub. L. 89–10, title I, § 1113, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1469; amended Pub. L. 114–95, title I, § 1007, Dec. 10, 2015, 129 Stat. 1859.)

cite as: 20 USC 6313