republic-os/legal/us/code/title-20/chapter-70/section-7345.md

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LegalText	20 U.S.C. § 7345	Use of applicable funding	us	united_states_code	code_section	20	EDUCATION	70	STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS	7345	20 U.S.C. § 7345	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/s7345	data/legal/raw/us/code/title-20/usc20.xml	9a2e343eb4d0b778227dbd53265e5cca5a055ccba9df2151993577ed5c79de8a	6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052	da6d1cdf135f6b6880841923780a091f7bd8bf4719d795db4d767d2628f6b9f9	2026-07-04	official	legal us-code

20 U.S.C. § 7345 - Use of applicable funding

Text

(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.)

Notes

Editorial Notes

Prior ProvisionsA 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.

Amendments2015—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 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.