---
kind: "section"
citation: "20 U.S.C. § 6313"
title: "20"
title_heading: "Education"
number: "6313"
heading: "Eligible school attendance areas"
release: "119-102"
url: "https://uscodex.org/usc/20/6313"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter I — Improving the Academic Achievement of the Disadvantaged"
  - "Part A — Improving Basic Programs Operated by Local Educational Agencies"
  - "Subpart 1 — basic program requirements"
---

# §6313. Eligible school attendance areas

- (a) **Determination—**
  - (1) **In general—** A [local educational agency](/usc/20/7801.md?p=30-A) shall use [funds](/usc/20/4702.md?p=3) received under this part only in [eligible school attendance areas](#a-2-B).
  - (2) **Eligible school attendance areas—** For the purposes of this part—
    - (A) the term “school attendance area” means, in relation to a particular [school](/usc/20/5802.md?p=a-11), the geographical area in which the children who are normally served by that [school](/usc/20/5802.md?p=a-11) reside; and
    - (B) the term “eligible school attendance area” means a [school attendance area](#a-2-A) in which the percentage of [children from low-income families](/usc/20/1021.md?p=2) is at least as high as the percentage of [children from low-income families](/usc/20/1021.md?p=2) served by the [local educational agency](/usc/20/7801.md?p=30-A) as a whole.
  - (3) **Ranking order—**
    - (A) **Ranking—** Except as provided in [subparagraph (B)](#a-3-B), if [funds](/usc/20/4702.md?p=3) allocated in accordance with [subsection (c)](#c) are insufficient to serve all [eligible school attendance areas](#a-2-B), a [local educational agency](/usc/20/7801.md?p=30-A) shall—
      - (i) annually rank, without regard to grade spans, such agency’s [eligible school attendance areas](#a-2-B) in which the concentration of [children from low-income families](/usc/20/1021.md?p=2) exceeds 75 percent from highest to lowest according to the percentage of [children from low-income families](/usc/20/1021.md?p=2); and
      - (ii) serve such [eligible school attendance areas](#a-2-B) in rank order.
    - (B) **Exception—** A [local educational agency](/usc/20/7801.md?p=30-A) may lower the threshold in [subparagraph (A)(i)](#a-3-A-i) to 50 percent for [high schools](/usc/20/7801.md?p=28) served by such agency.
  - (4) **Remaining funds—** If [funds](/usc/20/4702.md?p=3) remain after serving all [eligible school attendance areas](#a-2-B) under [paragraph (3)](#a-3), a [local educational agency](/usc/20/7801.md?p=30-A) shall—
    - (A) annually rank such agency’s remaining [eligible school attendance areas](#a-2-B) from highest to lowest either by grade span or for the entire [local educational agency](/usc/20/7801.md?p=30-A) according to the percentage of [children from low-income families](/usc/20/1021.md?p=2); and
    - (B) serve such [eligible school attendance areas](#a-2-B) in rank order either within each grade-span grouping or within the [local educational agency](/usc/20/7801.md?p=30-A) as a whole.
  - (5) **Measures—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#a-5-B), a [local educational agency](/usc/20/7801.md?p=30-A) shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the [Secretary](/usc/20/7801.md?p=46), the number of children eligible for a free or reduced price lunch under the Richard B. Russell National [School](/usc/20/5802.md?p=a-11) Lunch Act ([42 U.S.C. 1751](/usc/42/1751.md) et seq.), the number of children in families receiving assistance under the [State](/usc/20/7801.md?p=48) program funded under part A of title IV of the Social Security Act [[42 U.S.C. 601](/usc/42/601.md) et seq.], or the number of children eligible to receive medical assistance under the Medicaid Program, or a composite of such indicators, with respect to all [school attendance areas](#a-2-A) in the [local educational agency](/usc/20/7801.md?p=30-A)—
      - (i) to identify [eligible school attendance areas](#a-2-B);
      - (ii) to determine the ranking of each area; and
      - (iii) to determine allocations under [subsection (c)](#c).
    - (B) **Secondary schools—** For measuring the number of students in low-income families in [secondary schools](/usc/20/7801.md?p=45), the [local educational agency](/usc/20/7801.md?p=30-A) shall use the same measure of poverty, which shall be—
      - (i) the measure described under [subparagraph (A)](#a-5-A); or
      - (ii) subject to meeting the conditions of [subparagraph (C)](#a-5-C), an accurate estimate of the number of students in low-income families in a [secondary school](/usc/20/7801.md?p=45) that is calculated by applying the average percentage of students in low-income families of the [elementary school](/usc/20/7801.md?p=19) attendance areas as calculated under [subparagraph (A)](#a-5-A) that feed into the [secondary school](/usc/20/7801.md?p=45) to the number of students enrolled in such [school](/usc/20/5802.md?p=a-11).
    - (C) **Measure of poverty—** The [local educational agency](/usc/20/7801.md?p=30-A) shall have the option to use the measure of poverty described in [subparagraph (B)(ii)](#a-5-B-ii) after—
      - (i) conducting outreach to [secondary schools](/usc/20/7801.md?p=45) within such agency to inform such [schools](/usc/20/5802.md?p=a-11) of the option to use such measure; and
      - (ii) a majority of such [schools](/usc/20/5802.md?p=a-11) have approved the use of such measure.
  - (6) **Exception—** This subsection shall not apply to a [local educational agency](/usc/20/7801.md?p=30-A) with a total enrollment of less than 1,000 children.
  - (7) **Waiver for desegregation plans—** The [Secretary](/usc/20/7801.md?p=46) may approve a [local educational agency](/usc/20/7801.md?p=30-A)’s written request for a waiver of the requirements of subsections [(a)](#a) and [(c)](#c), and permit such agency to treat as eligible, and serve, any [school](/usc/20/5802.md?p=a-11) that children attend with a [State](/usc/20/7801.md?p=48)-ordered, court-ordered [school](/usc/20/5802.md?p=a-11) desegregation plan or a plan that continues to be implemented in accordance with a [State](/usc/20/7801.md?p=48)-ordered or court-ordered desegregation plan, if—
    - (A) the number of economically disadvantaged children enrolled in the [school](/usc/20/5802.md?p=a-11) is at least 25 percent of the [school](/usc/20/5802.md?p=a-11)’s total enrollment; and
    - (B) the [Secretary](/usc/20/7801.md?p=46) determines on the basis of a written request from such agency and in accordance with such criteria as the [Secretary](/usc/20/7801.md?p=46) establishes, that approval of that request would further the purposes of this part.
- (b) **Local educational agency discretion—**
  - (1) **In general—** Notwithstanding [subsection (a)(2)](#a-2), a [local educational agency](/usc/20/7801.md?p=30-A) may—
    - (A) designate as eligible any [school attendance area](#a-2-A) or [school](/usc/20/5802.md?p=a-11) in which at least 35 percent of the children are from low-income families;
    - (B) use [funds](/usc/20/4702.md?p=3) received under this part in a [school](/usc/20/5802.md?p=a-11) that is not in an [eligible school attendance area](#a-2-B), if the percentage of [children from low-income families](/usc/20/1021.md?p=2) enrolled in the [school](/usc/20/5802.md?p=a-11) is equal to or greater than the percentage of such children in a participating [school attendance area](#a-2-A) of such agency;
    - (C) designate and serve a [school attendance area](#a-2-A) or [school](/usc/20/5802.md?p=a-11) that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and
    - (D) elect not to serve an [eligible school attendance area](#a-2-B) or eligible [school](/usc/20/5802.md?p=a-11) that has a higher percentage of [children from low-income families](/usc/20/1021.md?p=2) if—
      - (i) the [school](/usc/20/5802.md?p=a-11) meets the comparability requirements of [section 6321(c) of this title](/usc/20/6321.md?p=c);
      - (ii) the [school](/usc/20/5802.md?p=a-11) is receiving supplemental [funds](/usc/20/4702.md?p=3) from other [State](/usc/20/7801.md?p=48) or local sources that are spent according to the requirements of section [6314](/usc/20/6314.md) or [6315](/usc/20/6315.md) of this title; and
      - (iii) the [funds](/usc/20/4702.md?p=3) expended from such other sources equal or exceed the amount that would be provided under this part.
  - (2) **Special rule—** Notwithstanding [paragraph (1)(D)](#b-1-D), the number of children attending private [elementary schools](/usc/20/7801.md?p=19) and [secondary schools](/usc/20/7801.md?p=45) who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public [school attendance area](#a-2-A) in which such children reside is assisted under [subparagraph (A)](#b-1-A).
- (c) **Allocations—**
  - (1) **In general—** A [local educational agency](/usc/20/7801.md?p=30-A) shall allocate [funds](/usc/20/4702.md?p=3) received under this part to [eligible school attendance areas](#a-2-B) or eligible [schools](/usc/20/5802.md?p=a-11), identified under subsections [(a)](#a) and [(b)](#b), in rank order, on the basis of the total number of [children from low-income families](/usc/20/1021.md?p=2) in each area or [school](/usc/20/5802.md?p=a-11).
  - (2) **Special rule—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#c-2-B), the per-pupil amount of [funds](/usc/20/4702.md?p=3) allocated to each [school attendance area](#a-2-A) or [school](/usc/20/5802.md?p=a-11) under [paragraph (1)](#c-1) shall be at least 125 percent of the per-pupil amount of [funds](/usc/20/4702.md?p=3) a [local educational agency](/usc/20/7801.md?p=30-A) received for that year under the poverty criteria described by the [local educational agency](/usc/20/7801.md?p=30-A) in the plan submitted under [section 6312 of this title](/usc/20/6312.md), except that this paragraph shall not apply to a [local educational agency](/usc/20/7801.md?p=30-A) that only serves [schools](/usc/20/5802.md?p=a-11) in which the percentage of such children is 35 percent or greater.
    - (B) **Exception—** A [local educational agency](/usc/20/7801.md?p=30-A) may reduce the amount of [funds](/usc/20/4702.md?p=3) allocated under [subparagraph (A)](#c-2-A) for a [school attendance area](#a-2-A) or [school](/usc/20/5802.md?p=a-11) by the amount of any supplemental [State](/usc/20/7801.md?p=48) and local [funds](/usc/20/4702.md?p=3) expended in that [school attendance area](#a-2-A) or [school](/usc/20/5802.md?p=a-11) for programs that meet the requirements of section [6314](/usc/20/6314.md) or [6315](/usc/20/6315.md) of this title.
  - (3) **Reservation of funds—**
    - (A) **In general—** A [local educational agency](/usc/20/7801.md?p=30-A) shall reserve such [funds](/usc/20/4702.md?p=3) as are necessary under this part, determined in accordance with subparagraphs [(B)](#c-3-B) and [(C)](#c-3-C), to provide services comparable to those provided to children in [schools](/usc/20/5802.md?p=a-11) funded under this part to serve—
      - (i) homeless children and youths, including providing educationally related support services to children in shelters and other locations where children may live;
      - (ii) children in local institutions for neglected children; and
      - (iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs.
    - (B) **Method of determination—** The share of [funds](/usc/20/4702.md?p=3) determined under [subparagraph (A)](#c-3-A) shall be determined—
      - (i) based on the total allocation received by the [local educational agency](/usc/20/7801.md?p=30-A); and
      - (ii) prior to any allowable expenditures or transfers by the [local educational agency](/usc/20/7801.md?p=30-A).
    - (C) **Homeless children and youths—** [Funds](/usc/20/4702.md?p=3) reserved under [subparagraph (A)(i)](#c-3-A-i) may be—
      - (i) determined based on a needs assessment of homeless children and youths in the [local educational agency](/usc/20/7801.md?p=30-A), taking into consideration the number and needs of homeless children and youths in the [local educational agency](/usc/20/7801.md?p=30-A), and which needs assessment may be the same needs assessment as conducted under [section 11433(b)(1) of title 42](/usc/42/11433.md?p=b-1); and
      - (ii) used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing—
        - (I) funding for the liaison designated pursuant to [section 11432(g)(1)(J)(ii) of title 42](/usc/42/11432.md?p=g-1-J-ii); and
        - (II) transportation pursuant to section 11432(g)(1)(J)(iii) of such title.
  - (4) **Financial incentives and rewards reservation—** A [local educational agency](/usc/20/7801.md?p=30-A) may reserve such [funds](/usc/20/4702.md?p=3) as are necessary from those [funds](/usc/20/4702.md?p=3) received by the [local educational agency](/usc/20/7801.md?p=30-A) under subchapter II, and not more than 5 percent of those [funds](/usc/20/4702.md?p=3) received by the [local educational agency](/usc/20/7801.md?p=30-A) under subpart 2 of this part, to provide financial incentives and rewards to teachers who serve in [schools](/usc/20/5802.md?p=a-11) eligible under this section and identified for comprehensive support and improvement activities or targeted support and improvement activities under [section 6311(d) of this title](/usc/20/6311.md?p=d) for the purpose of attracting and retaining qualified and effective teachers.
  - (5) **Early childhood education—** A [local educational agency](/usc/20/7801.md?p=30-A) may reserve [funds](/usc/20/4702.md?p=3) made available to carry out this section to provide [early childhood education programs](/usc/20/7801.md?p=16) for eligible children.

## Source credit

(Pub. L. 89–10, title I, § 1113, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1469; amended Pub. L. 114–95, title I, § 1007, Dec. 10, 2015, 129 Stat. 1859.)

## Notes

### Editorial Notes

### References in Text

The Richard B. Russell National School Lunch Act, referred to in subsec. (a)(5)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, 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. (a)(5)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. 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, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

### Prior Provisions

A prior section 6313, Pub. L. 89–10, title I, § 1113, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3532; amended Pub. L. 104–193, title I, § 110(j)(1), Aug. 22, 1996, 110 Stat. 2172; Pub. L. 106–78, title VII, § 752(b)(10), Oct. 22, 1999, 113 Stat. 1169, related to eligible school attendance areas, prior to the general amendment of this subchapter by Pub. L. 107–110.

### Amendments

2015—Subsec. (a)(3). Pub. L. 114–95, § 1007(1)(A), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “If funds allocated in accordance with subsection (c) of this section are insufficient to serve all eligible school attendance areas, a local educational agency shall—

“(A) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and

“(B) serve such eligible school attendance areas in rank order.”

Subsec. (a)(5). Pub. L. 114–95, § 1007(1)(B), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “The local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency—

“(A) to identify eligible school attendance areas;

“(B) to determine the ranking of each area; and

“(C) to determine allocations under subsection (c) of this section.”

Subsec. (b)(1)(D)(i). Pub. L. 114–95, § 1007(2), made technical amendment to reference in original act which appears in text as reference to section 6321(c) of this title.

Subsec. (c)(3). Pub. L. 114–95, § 1007(3)(A), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve—

“(A) homeless children who do not attend participating schools, including providing educationally related support services to children in shelters and other locations where children may live;

“(B) children in local institutions for neglected children; and

“(C) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs.”

Subsec. (c)(4). Pub. L. 114–95, § 1007(3)(B), substituted “comprehensive support and improvement activities or targeted support and improvement activities under section 6311(d)” for “school improvement, corrective action, and restructuring under section 6316(b)”.

Subsec. (c)(5). Pub. L. 114–95, § 1007(3)(C), added par. (5).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.