20 U.S.C. § 7428 — Payments
submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 268 words · no verdicts yet
The Secretary must pay an approved local educational agency the amount calculated under section 7423 and notify it by June 1. Payments may be denied or reduced for State treatment of the funds or inadequate fiscal effort, and unused amounts may be reallocated.
(a) Payment. Subject to subsections (b) and (c), the Secretary must pay each agency whose application is approved the amount determined under section 7423 and must notify it of that amount by June 1 of the payment year. (b) State accounting. No grant may be made for a fiscal year if the State counts payments under this chapter when deciding the agency’s eligibility for State aid, or the amount of State aid, for free public education* during that or the previous fiscal year. (c) Fiscal effort. The agency must maintain fiscal effort under section 7901 or its payment is reduced as that section provides. (d) Reallocation. The Secretary may reallocate amounts that estimates or other information show the agency will not need for approved programs, or amounts otherwise available for reallocation.
Subject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits an application that is approved by the Secretary under this subpart the amount determined under section 7423 of this title. The Secretary shall notify the local educational agency of the amount of the payment not later than June 1 of the year for which the Secretary makes the payment.
The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State in which the local educational agency is located takes into consideration payments made under this chapter 1 in determining the eligibility of the local educational agency for State aid, or the amount of the State aid, with respect to the free public education* of children during such fiscal year or the preceding fiscal year.
Each local educational agency shall maintain fiscal effort in accordance with section 7901 of this title or be subject to reduced payments under this subpart in accordance with such section 7901 of this title.
The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose of this subpart, any amounts that—
based on estimates made by local educational agencies or other information, the Secretary determines will not be needed by such agencies to carry out approved programs under this subpart; or
otherwise become available for reallocation under this subpart.
Source credit: (Pub. L. 89–10, title VI, § 6118, formerly title VII, § 7118, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1918; renumbered title VI, § 6118, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), (8), 6002(j), Dec. 10, 2015, 129 Stat. 2046, 2047, 2054.)
- 2002Enacted · Pub. L. 89-10 · 115 Stat. 1918
- 2015Amended · Pub. L. 114-95 · 129 Stat. 2046, 2047, 2054
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2002-01-08.
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