42 U.S.C. § 1759 — Direct disbursement to schools by Secretary
submitted 80 years ago by ch. 281 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 212 words · no verdicts yet
In specified circumstances, the Secretary must withhold money otherwise payable to a State and pay it directly to schools, institutions, or service institutions. The money keeps the same purposes and conditions, and nonpublic schools must receive direct payment when State law prevents the State educational agency from paying them.
(a) The Secretary* must withhold money payable to a State* under this chapter and pay it directly to schools, institutions, or service institutions in that State for purposes authorized by this chapter, but only to the extent the Secretary has continuously done so since October 1, 1980, unless subsection (b) requires otherwise. The money must be used for the same purposes and follow the same conditions that apply when a State distributes money under this chapter. If the Secretary is administering all or part of a program under this chapter, the State where the program is being administered may ask the Secretary to let the State take over administration.
(b) If State law does not allow a State educational agency to pay money received under this chapter to any nonpublic school in the State, the Secretary must pay the money directly to those schools. The payment must have the same purposes and conditions that apply to payments made by the State educational agency to public schools in the State.
The Secretary* shall withhold funds payable to a State* under this chapter and disburse the funds directly to schools, institutions, or service institutions within the State for the purposes authorized by this chapter to the extent that the Secretary has so withheld and disbursed such funds continuously since October 1, 1980, but only to such extent (except as otherwise required by subsection (b)). Any funds so withheld and disbursed by the Secretary shall be used for the same purposes, and shall be subject to the same conditions, as applicable to a State disbursing funds made available under this chapter. If the Secretary is administering (in whole or in part) any program authorized under this chapter, the State in which the Secretary is administering the program may, upon request to the Secretary, assume administration of that program.
If a State educational agency is not permitted by law to disburse the funds paid to it under this chapter to any of the nonpublic schools in the State, the Secretary shall disburse the funds directly to such schools within the State for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to public schools within the State by the State educational agency.
Source credit: (June 4, 1946, ch. 281, § 10, 60 Stat. 233; Pub. L. 87–823, § 4, Oct. 15, 1962, 76 Stat. 945; Pub. L. 91–248, § 1(b), May 14, 1970, 84 Stat. 208; Pub. L. 93–433, § 4(d), Sept. 26, 1972, 86 Stat. 726; Pub. L. 93–150, § 3(b), Nov. 7, 1973, 87 Stat. 562; Pub. L. 94–105, § 7, Oct. 7, 1975, 89 Stat. 514; Pub. L. 97–35, title VIII, § 817(a), Aug. 13, 1981, 95 Stat. 531.)
- 1946Enacted · Act of June 4, 1946, ch. 281 · 60 Stat. 233
- 1962Amended · Pub. L. 87-823 · 76 Stat. 945
- 1970Amended · Pub. L. 91-248 · 84 Stat. 208
- 1972Amended · Pub. L. 93-433 · 86 Stat. 726
- 1973Amended · Pub. L. 93-150 · 87 Stat. 562
- 1975Amended · Pub. L. 94-105 · 89 Stat. 514
- 1981Amended · Pub. L. 97-35 · 95 Stat. 531
A history note hasn’t been published yet. The record shows enactment by ch. 281 on 1946-06-04.
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