§6313. Eligible school attendance areas — Inbound Citations

Implementing Regulations (Code of Federal Regulations)

Statutory authority for 61 regulations in the Code of Federal Regulations.

• 34 C.F.R. § 200.1 — State responsibilities for developing challenging academic standards.

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• 34 C.F.R. § 200.10 — Applicability of a State's academic assessments to private schools and private school students.

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• 34 C.F.R. § 200.100 — Reservation of funds for school improvement, State administration, and direct student services.

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• 34 C.F.R. § 200.101-200.102 — [Reserved]

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• 34 C.F.R. § 200.103 — Definitions.

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• 34 C.F.R. § 200.104 — Innovative assessment demonstration authority.

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• 34 C.F.R. § 200.105 — Demonstration authority application requirements.

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• 34 C.F.R. § 200.106 — Demonstration authority selection criteria.

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• 34 C.F.R. § 200.107 — Transition to statewide use.

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• 34 C.F.R. § 200.108 — Extension, waivers, and withdrawal of authority.

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• 34 C.F.R. § 200.109 — [Reserved]

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• 34 C.F.R. § 200.11 — Participation in NAEP.

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• 34 C.F.R. § 200.12-200.24 — [Reserved]

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• 34 C.F.R. § 200.2 — State responsibilities for assessment.

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• 34 C.F.R. § 200.25 — Schoolwide programs in general.

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• 34 C.F.R. § 200.26 — Core elements of a schoolwide program.

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• 34 C.F.R. § 200.27-200.28 — [Reserved]

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• 34 C.F.R. § 200.29 — Consolidation of funds in a schoolwide program.

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• 34 C.F.R. § 200.3 — Locally selected, nationally recognized high school academic assessments.

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• 34 C.F.R. § 200.30-200.54 — [Reserved]

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• 34 C.F.R. § 200.4 — State law exception.

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• 34 C.F.R. § 200.5 — Assessment administration.

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• 34 C.F.R. § 200.55-200.57 — [Reserved]

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• 34 C.F.R. § 200.58 — Qualifications of paraprofessionals.

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• 34 C.F.R. § 200.59-200.60 — [Reserved]

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• 34 C.F.R. § 200.6 — Inclusion of all students.

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• 34 C.F.R. § 200.61 — Parents' right to know.

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• 34 C.F.R. § 200.62 — Responsibilities for providing services to private school children.

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• 34 C.F.R. § 200.63 — Consultation.

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• 34 C.F.R. § 200.64 — Factors for determining equitable participation of private school children.

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• 34 C.F.R. § 200.65 — Determining equitable participation of teachers and families of participating private school children.

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• 34 C.F.R. § 200.66 — Requirements to ensure that funds do not benefit a private school.

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• 34 C.F.R. § 200.67 — Requirements concerning property, equipment, and supplies for the benefit of private school children.

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• 34 C.F.R. § 200.68 — Ombudsman.

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• 34 C.F.R. § 200.69 — [Reserved]

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• 34 C.F.R. § 200.7 — [Reserved]

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• 34 C.F.R. § 200.70 — Allocation of funds to LEAs in general.

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• 34 C.F.R. § 200.71 — LEA eligibility.

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• 34 C.F.R. § 200.72 — Procedures for adjusting allocations determined by the Secretary to account for eligible LEAs not on the Census list.

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• 34 C.F.R. § 200.73 — Applicable hold-harmless provisions.

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• 34 C.F.R. § 200.74 — Use of an alternative method to distribute grants to LEAs with fewer than 20,000 residents.

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• 34 C.F.R. § 200.75 — Special procedures for allocating concentration grant funds in small States.

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• 34 C.F.R. § 200.76 — [Reserved]

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• 34 C.F.R. § 200.77 — Reservation of funds by an LEA.

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• 34 C.F.R. § 200.78 — Allocation of funds to school attendance areas and schools.

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• 34 C.F.R. § 200.79 — Exclusion of supplemental State and local funds from supplement, not supplant and comparability determinations.

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• 34 C.F.R. § 200.8 — Assessment reports.

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• 34 C.F.R. § 200.80 — [Reserved]

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• 34 C.F.R. § 200.81 — Program definitions.

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• 34 C.F.R. § 200.82 — Use of program funds for unique program function costs.

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• 34 C.F.R. § 200.83 — Responsibilities of SEAs to implement projects through a comprehensive needs assessment and a comprehensive State plan for service delivery.

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• 34 C.F.R. § 200.84 — Responsibilities for evaluating the effectiveness of the MEP and using evaluations to improve services to migratory children.

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• 34 C.F.R. § 200.85 — Responsibilities of SEAs for the electronic exchange through MSIX of specified educational and health information of migratory children.

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• 34 C.F.R. § 200.86 — Use of MEP funds in schoolwide projects.

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• 34 C.F.R. § 200.87 — Responsibilities for participation of children in private schools.

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• 34 C.F.R. § 200.88 — Exclusion of supplemental State and local funds from supplement, not supplant and comparability determinations.

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• 34 C.F.R. § 200.89 — Re-interviewing; eligibility documentation; and quality control.

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• 34 C.F.R. § 200.9 — Deferral of assessments.

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• 34 C.F.R. § 200.90 — Program definitions.

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• 34 C.F.R. § 200.91 — SEA counts of eligible children.

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• 34 C.F.R. § 200.92-200.99 — [Reserved]

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Code of Federal Regulations Citations

Cited by 1 regulation in the Code of Federal Regulations.

• 31 C.F.R. § 35.3(2) — Definitions.

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  (2) Ends on the last day of the fiscal year of such State or territory in which all funds received by the State or territory from a payment made under section 602 or 603 of the Social Security Act have been expended or returned to, or recovered by, the Secretary.

  COVID-19 means the Coronavirus Disease 2019.

  COVID-19 public health emergency means the period beginning on January 27, 2020, and lasting until the termination of the national emergency concerning the COVID-19 outbreak declared pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.).

  Delivery sequence means the order in which disaster relief agencies and organizations provide assistance pursuant to 44 CFR 206.191.

  Deposit means an extraordinary payment of an accrued, unfunded liability. The term deposit does not refer to routine contributions made by an employer to pension funds as part of the employer's obligations related to payroll, such as either a pension contribution consisting of a normal cost component related to current employees or a component addressing the amortization of unfunded liabilities calculated by reference to the employer's payroll costs.

  Disaster loss means a loss suffered as a result of a major disaster or emergency declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).

  Eligible employer means an employer of an eligible worker who performs essential work.

  Eligible workers means workers needed to maintain continuity of operations of essential critical infrastructure sectors, including health care; emergency response; sanitation, disinfection, and cleaning work; maintenance work; grocery stores, restaurants, food production, and food delivery; pharmacy; biomedical research; behavioral health work; medical testing and diagnostics; home- and community-based health care or assistance with activities of daily living; family or childcare; social services work; public health work; vital services to Tribes; any work performed by an employee of a State, local, or Tribal government; educational work, school nutrition work, and other work required to operate a school facility; laundry work; elections work; solid waste or hazardous materials management, response, and cleanup work; work requiring physical interaction with patients; dental care work; transportation and warehousing; work at hotel and commercial lodging facilities that are used for COVID-19 mitigation and containment; work in a mortuary; and work in critical clinical research, development, and testing necessary for COVID-19 response.

Citations to 20 U.S.C. § 6313 as a whole

• 20 U.S.C. § 6312(b)(4)

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  (4) the poverty criteria that will be used to select school attendance areas under section 6313 of this title;

• 20 U.S.C. § 6337(c)

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  (c) All funds awarded to each State under this section shall be allocated to local educational agencies under the following provisions. Within local educational agencies, funds allocated under this section shall be distributed to schools on a basis consistent with section 6313 of this title, and may only be used to carry out activities under this part. A local educational agency in a State is eligible to receive a targeted grant under this section for any fiscal year if—

  (1) the number of children in the local educational agency counted under section 6333(c) of this title, before application of the weighted child count described in paragraph (3),¹ is at least 10; and

  (2) if the number of children counted for grants under section 6333(c) of this title, before application of the weighted child count described in paragraph (3),¹ is at least 5 percent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency.

  For any fiscal year for which the Secretary allocates funds under this section on the basis of counties, funds made available as a result of applying this subsection shall be reallocated by the State educational agency to other eligible local educational agencies in the State in proportion to the distribution of other funds under this section.

• 20 U.S.C. § 7861(c)(10)

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  (10) the selection of a school attendance area or school under subsections (a) and (b) of section 6313 of this title, except that the Secretary may grant a waiver to allow a school attendance area or school to participate in activities under part A of subchapter I if the percentage of children from low-income families in the school attendance area or who attend the school is not more than 10 percentage points below the lowest percentage of those children for any school attendance area or school of the local educational agency that meets the requirements of subsections (a) and (b) of section 6313 of this title.

Citations to §6313(a)(2)

• 20 U.S.C. § 5891a(2)

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  (2) The terms “eligible school attendance area” and “school attendance area” have the meanings given the terms in section 6313(a)(2) of this title.

Citations to §6313(a)(2)(A)

• 20 U.S.C. § 1078–11(g)(6)

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  (6) The term “low-income community” means a school attendance area (as defined in section 6313(a)(2)(A) of this title)—

  (A) in which 70 percent of households earn less than 85 percent of the State median household income; or

  (B) that includes a school that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such a school.

Citations to §6313(a)(3)

• 20 U.S.C. § 5891b(c)(1)(F)

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  (F) serving eligible school attendance areas in rank order in accordance with section 1113(a)(3) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6313(a)(3)];

• 20 U.S.C. § 6311(d)(1)(D)(ii)

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  (ii) In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest-achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 6313(a)(3) of this title.

Citations to §6313(a)(5)

• 20 U.S.C. § 1059e(b)(2)(C)(ii)

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  (ii) for the purpose of this paragraph and for such year of attendance, was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children meeting a measure of poverty under section 1113(a)(5) of such Act [20 U.S.C. 6313(a)(5)] exceeds 30 percent of the total enrollment of such school; or

• 20 U.S.C. § 1067q(c)(3)(C)(ii)

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  (ii) which for the purpose of this paragraph and for that year was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children counted under a measure of poverty described in section 1113(a)(5) of such Act [20 U.S.C. 6313(a)(5)] exceeds 30 percent of the total enrollment of such school; or

• 20 U.S.C. § 1078–11(b)(4)(A)

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  (A) a public library that serves a geographic area within which the public schools have a combined average of 30 percent or more of the schools’ total student enrollments composed of children meeting a measure of poverty under section 6313(a)(5) of this title; or

• 20 U.S.C. § 1087ee(a)(2)(A)(i)(I)

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  (I) has been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State in which the school is located) to be a school in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6313(a)(5)], exceeds 30 percent of the total number of children enrolled in such school; and

• 20 U.S.C. § 1087ee(a)(2)(A)(ii)

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  (ii) in one or more public, or nonprofit private, elementary schools or secondary schools or locations operated by an educational service agency that have been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State in which the educational service agency operates) to be a school or location at which the number of children taught who meet a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6313(a)(5)], exceeds 30 percent of the total number of children taught at such school or location;

• 20 U.S.C. § 1092f(b)(3)(B)(iii)

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  (iii) local educational agencies and middle schools and high schools that serve students not less than 25 percent of whom meet a measure of poverty as described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6313(a)(5)]; and

• 20 U.S.C. § 1092f(c)(1)(A)(ii)

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  (ii) local educational agencies and middle schools and high schools that serve students not less than 25 percent of whom meet a measure of poverty as described in section 1113(a)(5) of the Elementary and Secondary Education Act [20 U.S.C. 6313(a)(5)];

• 20 U.S.C. § 1161a(b)(1)

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  (1) The term “low-income student” means a student who is determined by a local educational agency to be from a low-income family using the measures described in section 6313(a)(5) of this title.

• 20 U.S.C. § 9602(e)(1)

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  (1) schools in the region with high percentages or numbers of students from low-income families, as determined under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)), including such schools in rural and urban areas, and schools receiving assistance under title I of that Act (20 U.S.C. 6301 et seq.);

Citations to §6313(c)

• 20 U.S.C. § 6315(a)

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  (a) In all schools selected to receive funds under section 6313(c) of this title that are ineligible for a schoolwide program under section 6314 of this title, have not received a waiver under section 6314(a)(1)(B) of this title to operate such a schoolwide program, or choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subsection (c) identified as having the greatest need for special assistance.

Citations to §6313(c)(1)

• 20 U.S.C. § 6320(b)(1)(F)

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  (F) the method or sources of data that are used under subsection (c) and section 6313(c)(1) of this title to determine the number of children from low-income families in participating school attendance areas who attend private schools;

Citations to §6313(c)(3)

• 42 U.S.C. § 11433(c)(3)(H)

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  (H) How the local educational agency will use funds to serve homeless children and youths under section 1113(c)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(3)).

Citations to §6313(c)(3)(A)

• 20 U.S.C. § 6312(b)(6)

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  (6) the services the local educational agency will provide homeless children and youths, including services provided with funds reserved under section 6313(c)(3)(A) of this title, to support the enrollment, attendance, and success of homeless children and youths, in coordination with the services the local educational agency is providing under the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.);