42 U.S.C. § 1774 — Disbursement directly to schools or institutions
submitted 45 years ago by Pub. L. 89-642 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 210 words · no verdicts yet
The Secretary must directly distribute certain funds to schools or institutions when the Secretary has continuously done so since October 1, 1980. The Secretary must also pay nonpublic schools directly when State law prevents the State educational agency from paying them.
(a) The Secretary* must withhold funds otherwise payable to a State* under this chapter and pay them directly to schools or institutions in that State for authorized purposes, but only to the extent the Secretary has continuously withheld and paid those funds directly since October 1, 1980. This limit does not apply when subsection (b) requires direct payment. Directly paid funds must be used for the same purposes and follow the same conditions that apply when a State distributes funds under this chapter. If the Secretary administers all or part of a program under this chapter, the State may ask the Secretary to let the State take over that administration.
(b) If State law does not allow a State educational agency to distribute chapter funds to nonpublic schools in the State, the Secretary must pay those schools directly. The payments must serve the same purposes and follow the same conditions that apply to payments to public schools by the State educational agency.
The Secretary* shall withhold funds payable to a State* under this chapter and disburse the funds directly to schools or 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: (Pub. L. 89–642, § 5, as added Pub. L. 97–35, title VIII, § 817(e), Aug. 13, 1981, 95 Stat. 532.)
- 1981Enacted · Pub. L. 89-642 · 95 Stat. 532
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-642 on 1981-08-13.
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