20 U.S.C. § 2341
Section 2341 · State administration
Viewing 20 U.S.C. § 2341 as in effect on October 20, 1994. The text changed in 5 later editions (most recent July 31, 2018).
View current version →Except as otherwise provided in this section and section 2341b of this title, each State shall distribute funds available in any fiscal year for secondary school vocational education programs to local educational agencies within the State as follows:
(1) From 70 percent of such funds, each local educational agency shall be allocated an amount that bears the same relationship to such 70 percent as the amount such local educational agency was allocated under section 1124 or such section's predecessor authority of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6333] in the preceding fiscal year bears to the total amount received under such section by local educational agencies in the State in such year.
(2) From 20 percent of such funds, each local educational agency shall be allocated an amount that bears the same relationship to such 20 percent as the number of students with handicaps who have individualized education programs under section 1414(a)(5) of this title served by such local educational agency in the preceding fiscal year bears to the total number of such students served by local educational agencies in the State in such year.
(3) From 10 percent of such funds, each local educational agency shall be allocated an amount that bears the same relationship to such 10 percent as the number of students enrolled in schools and adults enrolled in training programs under the jurisdiction of such local educational agency in the preceding fiscal year bears to the number of students enrolled in schools and adults enrolled in training programs under the jurisdiction of all local educational agencies in the State in such year.
(1) Except as provided in paragraph (2), no local educational agency shall be eligible for a grant under this part unless the amount allocated to such agency under subsection (a) of this section is not less than $15,000. A local educational agency may enter into a consortium with other local educational agencies for purposes of meeting the minimum grant requirement of this paragraph.
(2) The State may waive the application of paragraph (1) in any case in which the local educational agency—
(A) is located in a rural, sparsely-populated area; and
(B) demonstrates that the agency is unable to enter into a consortium for purposes of providing services under this part.
(3) Any amounts which are not allocated by reason of paragraph (1) or paragraph (2) shall be redistributed to local educational agencies that meet the requirements of paragraph (1) or paragraph (2) in accordance with the provisions of this section.
(1) In applying the provisions of subsection (a) of this section, no State board receiving assistance under this chapter shall allocate funds to a local educational agency that serves only elementary schools, but shall distribute such funds to the local or regional educational agency which provides secondary school services to secondary school students in the same attendance area.
(2) The amount to be allocated under paragraph (1) to a local educational agency that has jurisdiction only over secondary schools shall be determined based on the number of students that entered such secondary schools in the previous year from the elementary schools involved.
(1) The State shall distribute funds available for secondary school vocational education programs to the appropriate area vocational education school or intermediate educational agency in any case in which—
(A) the area vocational education school or intermediate educational agency and the local educational agency concerned—
(i) have formed or will form a consortium for the purpose of receiving funds under this section; or
(ii) have entered into or will enter into a cooperative arrangement for such purpose; and
(B)(i) the area vocational education school or intermediate educational agency serves an approximately equal or greater proportion of students with handicaps and students who are economically disadvantaged than the proportion of such students attending the secondary schools under the jurisdiction of all of the local educational agencies sending students to the area vocational education school or the intermediate educational agency; or
(ii) the area vocational education school, intermediate educational agency, or local educational agency demonstrates that it is unable to meet the criterion described in clause (i) due to the lack of interest by students described in clause (i) in attending vocational education programs in that area school or intermediate educational agency.
(2) If an area vocational education school or intermediate educational agency meets the requirements of paragraph (1), then—
(A) the amount that would otherwise be distributed to the local educational agency shall be allocated to the area vocational education school, the intermediate educational agency, and the local educational agency based on each school's or entity's relative share of students described in paragraph (1)(B)(i) who are attending vocational education programs that meet the requirements of section 2342 of this title (based, if practicable, on the average enrollment for the prior 3 years); or
(B) such amount may be allocated on the basis of an agreement between the local educational agency and the area vocational education school or intermediate educational agency.
(3)(A) For the purposes of this subsection, the State may determine the number of economically disadvantaged students attending vocational education programs on the basis of eligibility for any of the following:
(i) Free or reduced-price meals under the National School Lunch Act [42 U.S.C. 1751 et seq.].
(ii) The program for aid to dependent children under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.].
(iii) Benefits under the Food Stamp Act of 1977 [7 U.S.C. 2011 et seq.].
(iv) Services under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.].
(v) Other indices of economic status including estimates of such indices, if the State demonstrates to the satisfaction of the Secretary that such indices are more representative of such number.
(B) If a State elects to use more than 1 factor described in subparagraph (A) for purposes of making the determination described in such subparagraph, the State shall ensure that the data used is not duplicative.
(4) The State board shall establish an appeals procedure for resolution of any dispute arising between a local educational agency and an area vocational education school or an intermediate educational agency with respect to the allocation procedures described in this section, including the decision of a local educational agency to leave a consortium.
(5) Notwithstanding the provisions of paragraphs (1), (2), (3), and (4) any local educational agency receiving an allocation which is not sufficient to conduct a program which meets the requirements of section 2342(c) of this title is encouraged to—
(A) form a consortium or enter into a cooperative agreement with an area vocational education school or intermediate educational agency offering programs that meet the requirements of section 2342(c) of this title and that are accessible to economically disadvantaged students and students with handicaps served by such local educational agency; and
(B) transfer such allocation to the area vocational education school or intermediate educational agency.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Such section's predecessor authority, referred to in subsec. (a)(1), probably refers to section 2711 of this title which contained provisions similar to those in section 6333 of this title. Section 2711 was omitted in the general amendment of Pub. L. 89 10 by Pub. L. 103 382, title I, §101, Oct. 20, 1994, 108 Stat. 3519.
The National School Lunch Act, referred to in subsec. (d)(3)(A)(i), is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which is classified generally to chapter 13 (§1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.
The Social Security Act, referred to in subsec. (d)(3)(A)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified generally to part A (§601 et seq.) of subchapter IV of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Food Stamp Act of 1977, referred to in subsec. (d)(3)(A)(iii), is Pub. L. 88 525, Aug. 31, 1964, 78 Stat. 703, as amended, which is classified generally to chapter 51 (§2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.
The Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(3)(A)(iv), is Pub. L. 89 10, Apr. 11, 1965, 79 Stat. 27, as amended generally by Pub. L. 103 382, title I, §101, Oct. 20, 1994, 108 Stat. 3519. Title I of the Act is classified generally to subchapter I (§6301 et seq.) of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.
Prior Provisions
A prior section 2341, Pub. L. 88 210, title II, §251, as added Pub. L. 98 524, §1, Oct. 19, 1984, 98 Stat. 2455; amended Pub. L. 100 418, title VI, §6132, Aug. 23, 1988, 102 Stat. 1511, related to the uses of the portion of a State's allotment available for vocational education program improvement, innovation, and expansion, prior to the general revision of this subchapter by Pub. L. 101 392.
Amendments
1994—Subsec. (a)(1). Pub. L. 103 382, §391(s)(4), substituted “section 1124 or such section's predecessor authority” for “section 1005”.
Subsec. (d)(3)(A)(iv). Pub. L. 103 382, §391(s)(5), substituted “title I” for “chapter 1 of title I”.