SEC. 5003.
RURAL EDUCATION INITIATIVE
Section Summary
ESSA
SEC. 5003. RURAL EDUCATION INITIATIVE.
Part B of title V, as redesignated and amended by section 5001 of
this Act, is further amended--
(1) in section 5211 <<NOTE: 20 USC 7345.>> --
(A) in subsection (a)(1), by striking subparagraphs
(A) through (E) and inserting the following:
``(A) Part A of title I.
``(B) Part A of title II.
``(C) Title III.
``(D) Part A or B of title IV.'';
(B) in subsection (b)(1)--
(i) in subparagraph (A)(ii)--
(I) by striking ``school'' before
``locale code''; and
[[Page 129 STAT. 2042]]
(II) by striking ``7 or 8, as
determined by the Secretary; or'' and
inserting ``41, 42, or 43, as determined
by the Secretary;'';
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(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.''; and
(C) in subsection (c), by striking paragraphs (1)
through (3) and inserting the following:
``(1) Part A of title II.
``(2) Part A of title IV.'';
(2) in section 5212 <<NOTE: 20 USC 7345a.>> --
(A) in subsection (a), by striking paragraphs (1)
through (5) and inserting the following:
``(1) Part A of title I.
``(2) Part A of title II.
``(3) Title III.
``(4) Part A or B of title IV.'';
(B) in subsection (b)--
(i) by striking paragraph (1) and inserting
the following:
``(1) Allocation.--
``(A) In general.--Except as provided in paragraphs
(3) and (4), the Secretary shall award a grant under
subsection (a) to a local educational agency eligible
under section 5211(b) for a fiscal year in an amount
equal to the initial amount determined under paragraph
(2) for the fiscal year minus the total amount received
by the agency under the provisions of law described in
section 5211(c) for the preceding fiscal year.
``(B) Special determination.--For a local
educational agency that is eligible under section
5211(b)(1)(C) and is a member of an educational service
agency, the Secretary may determine the award amount by
subtracting from the initial amount determined under
paragraph (2), an amount that is equal to that local
educational agency's per-pupil share of the total amount
received by the educational service agency under the
provisions described in section 5211(c), as long as a
determination under this subparagraph would not
disproportionately affect any State.'';
(ii) by striking paragraph (2) and inserting
the following:
``(2) Determination of initial amount.--
``(A) In general.--The initial amount referred to in
paragraph (1) is equal to $100 multiplied by the total
number of students in excess of 50 students, in average
daily attendance at the schools served by the local
educational agency, plus $20,000, except that the
initial amount may not exceed $60,000.
``(B) Special rule.--For any fiscal year for which
the amount made available to carry out this part is
$265,000,000 or more, subparagraph (A) shall be
applied--
``(i) by substituting `$25,000' for `$20,000';
and
[[Page 129 STAT. 2043]]
``(ii) by substituting `$80,000' for
`$60,000'.''; and
(iii) by adding at the end the following:
``(4) Hold harmless.--For a local educational agency that is
not eligible under this subpart due to amendments made by the
Every Student Succeeds Act to section 5211(b)(1)(A)(ii) but met
the eligibility requirements under section 6211(b) as such
section was in effect on the day before the date of enactment of
the Every Student Succeeds Act, the agency shall receive--
``(A) for fiscal year 2017, 75 percent of the amount
such agency received for fiscal year 2015;
``(B) for fiscal year 2018, 50 percent of the amount
such agency received for fiscal year 2015; and
``(C) for fiscal year 2019, 25 percent of the amount
such agency received for fiscal year 2015.''; and
(C) by striking subsection (d);
(3) <<NOTE: 20 USC 7345b.>> by striking section 5213;
(4) in section 5221 <<NOTE: 20 USC 7351.>> --
(A) in subsection (a), by striking ``section
6222(a)'' and inserting ``section 5222(a)'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``(A) 20 percent''
and inserting ``(A)(i) 20 percent'';
(II) by redesignating subparagraph
(B) as clause (ii);
(III) in clause (ii) (as
redesignated by subclause (II))--
(aa) by striking ``school''
before ``locale code'';
(bb) by striking ``6, 7, or
8'' and inserting ``32, 33, 41,
42, or 43''; and
(cc) by striking the period
at the end and inserting ``;
or''; and
(IV) by adding at the end the
following:
``(B) the agency meets the criteria established in
clause (i) of subparagraph (A) and the Secretary, in
accordance with paragraph (2), grants the local
educational agency's request to waive the criteria
described in clause (ii) of such subparagraph.'';
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) by inserting after paragraph (1) the
following:
``(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) in subsection (c)(1) by striking ``Bureau of
Indian Affairs'' and inserting ``Bureau of Indian
Education'';
(5) in section 5222(a), <<NOTE: 20 USC 7351a.>> by striking
paragraphs (1) through (7) and inserting the following:
``(1) Activities authorized under part A of title I.
``(2) Activities authorized under part A of title II.
``(3) Activities authorized under title III.
``(4) Activities authorized under part A of title IV.
[[Page 129 STAT. 2044]]
``(5) Parental involvement activities.'';
(6) in section 5223--
(A) in subsection (a), by striking ``at such time,
in such manner, and accompanied by such information''
and inserting ``at such time and in such manner''; and
(B) by striking subsection (b) and inserting the
following:
``(b) Contents.--Each application submitted under subsection (a)
shall include information on--
``(1) program objectives and outcomes for activities under
this subpart, including how the State educational agency or
specially qualified agency will use funds to help all students
meet the challenging State academic standards;
``(2) if the State educational agency will competitively
award grants to eligible local educational agencies, as
described in section 5221(b)(3)(A), the application under the
section shall include--
``(A) the methods and criteria the State educational
agency will use to review applications and award funds
to local educational agencies on a competitive basis;
and
``(B) how the State educational agency will notify
eligible local educational agencies of the grant
competition; and
``(3) a description of how the State educational agency will
provide technical assistance to eligible local educational
agencies to help such agencies implement the activities
described in section 5222.'';
(7) in section 5224-- <<NOTE: 20 USC 7351c.>>
(A) by striking the section heading and all that
follows through ``Each'' and inserting the following:
``report.--Each'';
(B) by striking subsections (b) through (e);
(C) in the matter preceding paragraph (1), by
inserting ``or specially qualified agency'' after ``Each
State educational agency'';
(D) by striking paragraph (1) and inserting the
following:
``(1) if the report is submitted by a State educational
agency, the method the State educational agency used to award
grants to eligible local educational agencies, and to provide
assistance to schools, under this subpart;''; and
(E) by striking paragraph (3) and inserting the
following:
``(3) the degree to which progress has been made toward
meeting the objectives and outcomes described in the application
submitted under section 5223, including having all students in
the State or the area served by the specially qualified agency,
as applicable, meet the challenging State academic standards.'';
(8) by inserting after section 5224 the following:
``SEC. 5225. <<NOTE: 20 USC 7351d.>> CHOICE OF PARTICIPATION.
``(a) In General.--If a local educational agency is eligible for
funding under both this subpart and subpart 1, such local educational
agency may receive funds under either this subpart or subpart 1 for a
fiscal year, but may not receive funds under both subparts for such
fiscal year.
[[Page 129 STAT. 2045]]
``(b) Notification.--A local educational agency eligible for funding
under both this subpart and subpart 1 shall notify the Secretary and the
State educational agency under which of such subparts the local
educational agency intends to receive funds for a fiscal year by a date
that is established by the Secretary for the notification.''; and
(9) in section 5234, <<NOTE: 20 USC 7355c.>> by striking
``$300,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years,'' and
inserting ``$169,840,000 for each of the fiscal years 2017
through 2020,''.
NCLB Text
B--RURAL
EDUCATION INITIATIVE
``SEC. 6201. <<NOTE: 20 USC 7341.>> SHORT TITLE.
``This part may be cited as the `Rural Education Achievement
Program'.
``SEC. 6202. <<NOTE: 20 USC 7341a.>> PURPOSE.
``It is the purpose of this part to address the unique needs of
rural school districts that frequently--
``(1) lack the personnel and resources needed to compete
effectively for Federal competitive grants; and
``(2) receive formula grant allocations in amounts too small
to be effective in meeting their intended purposes.
``Subpart 1--Small, Rural School Achievement Program
``SEC. 6211. <<NOTE: 20 USC 7345.>> USE OF APPLICABLE FUNDING.
``(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 title I.
``(B) Part A or D of title II.
[[Page 115 STAT. 1892]]
``(C) Title III.
``(D) Part A or B of title IV.
``(E) Part A of title V.
``(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 school locale
code of 7 or 8, as determined by the Secretary; or
``(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).
``(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) Subpart 2 and section 2412(a)(2)(A) of title II.
``(2) Section 4114.
``(3) Part A of title V.
``(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).
