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2026-07-06 10:51:44 -04:00

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LegalText 20 U.S.C. § 7221e Federal formula allocation during first year and for successive enrollment expansions us united_states_code code_section 20 EDUCATION 70 STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS 7221e 20 U.S.C. § 7221e current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip /us/usc/t20/s7221e data/legal/raw/us/code/title-20/usc20.xml 1324a766af59d7c966a3ae0297d726557955c652807b5e9691f76c36ceba4b34 6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052 108720d90787819a71a817c35c5fd4eade77f44a57d02bb6cf3f28a77bdbf9bf 2026-07-04 official
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20 U.S.C. § 7221e - Federal formula allocation during first year and for successive enrollment expansions

Text

(a) In general For purposes of the allocation to schools by the States or their agencies of funds under part A of subchapter I, and any other Federal funds which the Secretary allocates to States on a formula basis, the Secretary and each State educational agency shall take such measures as are necessary to ensure that every charter school receives the Federal funding for which the charter school is eligible not later than 5 months after the charter school first opens, notwithstanding the fact that the identity and characteristics of the students enrolling in that charter school are not fully and completely determined until that charter school actually opens. The measures similarly shall ensure that every charter school expanding its enrollment in any subsequent year of operation receives the Federal funding for which the charter school is eligible not later than 5 months after such expansion.

(b) Adjustment and late openings (1) In general The measures described in subsection (a) shall include provision for appropriate adjustments, through recovery of funds or reduction of payments for the succeeding year, in cases where payments made to a charter school on the basis of estimated or projected enrollment data exceed the amounts that the school is eligible to receive on the basis of actual or final enrollment data.

(2) Rule For charter schools that first open after November 1 of any academic year, the State, in accordance with guidance provided by the Secretary and applicable Federal statutes and regulations, shall ensure that such charter schools that are eligible for the funds described in subsection (a) for such academic year have a full and fair opportunity to receive those funds during the charter schools first year of operation.

(c) New or significantly expanding charter schools For purposes of implementing the hold harmless protections in sections 6332(c) and 6337(g)(3) 11 See References in Text note below. of this title for a newly opened or significantly expanded charter school under this part, a State educational agency shall calculate a hold-harmless base for the prior year that, as applicable, reflects the new or significantly expanded enrollment of the charter school.

(Pub. L. 8910, title IV, § 4306, formerly title V, § 5206, as added Pub. L. 107110, title V, § 501, Jan. 8, 2002, 115 Stat. 1797; renumbered title IV, § 4306, and amended Pub. L. 11495, title IV, §§ 4001(b)(2)(A), (B), (D)(iii), 4301(2), Dec. 10, 2015, 129 Stat. 1967, 2011.)

Notes

Editorial Notes

References in TextSection 6337(g)(3) of this title, referred to in subsec. (c), was redesignated section 6337(f)(3) of this title by Pub. L. 11495, title I, § 1017(7), Dec. 10, 2015, 129 Stat. 1879.

Amendments2015—Subsec. (c). Pub. L. 11495, § 4301(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of this title.