Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
58 lines
4.2 KiB
Markdown
58 lines
4.2 KiB
Markdown
---
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type: "LegalText"
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title: "20 U.S.C. § 7901"
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description: "Maintenance of effort"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 20
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title_name: "EDUCATION"
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chapter_number: "70"
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chapter_name: "STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS"
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section: "7901"
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citation: "20 U.S.C. § 7901"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip"
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source_identifier: "/us/usc/t20/s7901"
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source_file: "data/legal/raw/us/code/title-20/usc20.xml"
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source_hash: "752a572bb1de10fd6ada3c7548736fe292c4b0562af3669e81895dcde6754987"
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raw_snapshot_hash: "6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052"
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text_hash: "ba117544285daf1e9fc852da84a15a9775c91f4701f70749c9ebb09f18e8c408"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 20 U.S.C. § 7901 - Maintenance of effort
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## Text
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(a) In general A local educational agency may receive funds under a covered program for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures of the agency and the State with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of subsection (b).
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(b) Reduction in case of failure to meet (1) In general The State educational agency shall reduce the amount of the allocation of funds under a covered program in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection (a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to the local agency), if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years.
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(2) Special rule No such lesser amount shall be used for computing the effort required under subsection (a) of this section for subsequent years.
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(c) Waiver The Secretary may waive the requirements of this section if the Secretary determines that a waiver would be equitable due to—
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(1) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the local educational agency; or
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(2) a precipitous decline in the financial resources of the local educational agency.
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(Pub. L. 89–10, title VIII, § 8521, formerly title IX, § 9521, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1980; renumbered title VIII, § 8521, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(6), 8019, Dec. 10, 2015, 129 Stat. 2088, 2089, 2112.)
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## Notes
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Editorial Notes
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Prior ProvisionsA prior section 7901, Pub. L. 89–10, title IX, § 9201, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3794, set forth short title of the Native Hawaiian Education Act, prior to the general amendment of former subchapter IX of this chapter by Pub. L. 107–110.
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Amendments2015—Subsec. (a). Pub. L. 114–95, § 8019(1), inserted “, subject to the requirements of subsection (b)” after “for the second preceding fiscal year”. Subsec. (b)(1). Pub. L. 114–95, § 8019(2), inserted before period at end “, if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years”. Subsec. (c)(1). Pub. L. 114–95, § 8019(3), inserted “or a change in the organizational structure of the local educational agency” after “such as a natural disaster”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2015 AmendmentAmendment 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.
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