 
             CHAPTER 44--VOCATIONAL AND TECHNICAL EDUCATION
 
   SUBCHAPTER I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE 
                                 STATES
 
                        Part C--Local Provisions
 
Sec. 2351. Distribution of funds to secondary school programs


(a) Distribution for fiscal year 1999

    Except as provided in section 2353 of this title and as otherwise 
provided in this section, each eligible agency shall distribute the 
portion of the funds made available under section 2322(a)(1) of this 
title to carry out this section for fiscal year 1999 to local 
educational agencies within the State as follows:

                         (1) Seventy percent

        From 70 percent of such portion, 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 6333 of this title for the preceding fiscal 
    year bears to the total amount received under such section by all 
    local educational agencies in the State for such preceding fiscal 
    year.

                         (2) Twenty percent

        From 20 percent of such portion, each local educational agency 
    shall be allocated an amount that bears the same relationship to 
    such 20 percent as the number of students with disabilities who have 
    individualized education programs under section 1414(d) of this 
    title served by such local educational agency for the preceding 
    fiscal year bears to the total number of such students served by all 
    local educational agencies in the State for such preceding fiscal 
    year.

                           (3) Ten percent

        From 10 percent of such portion, 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 for 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 for such preceding fiscal year.

(b) Special distribution rules for succeeding fiscal years

    Except as provided in section 2353 of this title and as otherwise 
provided in this section, each eligible agency shall distribute the 
portion of funds made available under section 2322(a)(1) of this title 
to carry out this section for fiscal year 2000 and succeeding fiscal 
years to local educational agencies within the State as follows:

                           (1) 30 percent

        30 percent shall be allocated to such local educational agencies 
    in proportion to the number of individuals aged 15 through 19, 
    inclusive, who reside in the school district served by such local 
    educational agency for the preceding fiscal year compared to the 
    total number of such individuals who reside in the school districts 
    served by all local educational agencies in the State for such 
    preceding fiscal year.

                           (2) 70 percent

        70 percent shall be allocated to such local educational agencies 
    in proportion to the number of individuals aged 15 through 19, 
    inclusive, who reside in the school district served by such local 
    educational agency from families with incomes below the poverty line 
    (as defined by the Office of Management and Budget and revised 
    annually in accordance with section 9902(2) of title 42) applicable 
    to a family of the size involved for the fiscal year for which the 
    determination is made compared to the number of such individuals who 
    reside in the school districts served by all the local educational 
    agencies in the State for such preceding fiscal year.

(c) Waiver for more equitable distribution

    The Secretary may waive the application of subsection (b) of this 
section in the case of any eligible agency that submits to the Secretary 
an application for such a waiver that--
        (1) demonstrates that a proposed alternative formula more 
    effectively targets funds on the basis of poverty (as defined by the 
    Office of Management and Budget and revised annually in accordance 
    with section 9902(2) of title 42 \1\ to local educational agencies 
    within the State than the formula described in subsection (b) of 
    this section; and
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    \1\ So in original. Probably should be followed by a closing 
parenthesis.
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        (2) includes a proposal for such an alternative formula.

(d) Minimum allocation

                           (1) In general

        Except as provided in paragraph (2), a local educational agency 
    shall not receive an allocation under subsection (a) of this section 
    unless the amount allocated to such agency under subsection (a) of 
    this section is greater than $15,000. A local educational agency may 
    enter into a consortium with other local educational agencies for 
    purposes of meeting the minimum allocation requirement of this 
    paragraph.

                             (2) Waiver

        The eligible agency shall waive the application of paragraph (1) 
    in any case in which the local educational agency--
            (A)(i) is located in a rural, sparsely populated area, or
            (ii) is a public charter school operating secondary 
        vocational and technical education programs; and
            (B) demonstrates that the local educational agency is unable 
        to enter into a consortium for purposes of providing activities 
        under this part.

                         (3) Redistribution

        Any amounts that 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 (2) in accordance 
    with the provisions of this section.

(e) Limited jurisdiction agencies

                           (1) In general

        In applying the provisions of subsection (a) of this section, no 
    eligible agency receiving assistance under this subchapter shall 
    allocate funds to a local educational agency that serves only 
    elementary schools, but shall distribute such funds to the local 
    educational agency or regional educational agency that provides 
    secondary school services to secondary school students in the same 
    attendance area.

                          (2) Special rule

        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.

(f) Allocations to area vocational and technical education schools and 
        educational service agencies

                           (1) In general

        Each eligible agency shall distribute the portion of funds made 
    available under section 2322(a)(1) of this title for any fiscal year 
    by such eligible agency for secondary school vocational and 
    technical education activities under this section to the appropriate 
    area vocational and technical education school or educational 
    service agency in any case in which the area vocational and 
    technical education school or educational service agency, and the 
    local educational agency concerned--
            (A) have formed or will form a consortium for the purpose of 
        receiving funds under this section; or
            (B) have entered into or will enter into a cooperative 
        arrangement for such purpose.

                        (2) Allocation basis

        If an area vocational and technical education school or 
    educational service agency meets the requirements of paragraph (1), 
    then the amount that would otherwise be distributed to the local 
    educational agency shall be allocated to the area vocational and 
    technical education school, the educational service agency, and the 
    local educational agency based on each school, agency or entity's 
    relative share of students who are attending vocational and 
    technical education programs (based, if practicable, on the average 
    enrollment for the preceding 3 years \1\;

                        (3) Appeals procedure

        The eligible agency shall establish an appeals procedure for 
    resolution of any dispute arising between a local educational agency 
    and an area vocational and technical education school or an 
    educational service agency with respect to the allocation procedures 
    described in this section, including the decision of a local 
    educational agency to leave a consortium or terminate a cooperative 
    arrangement.

(g) Consortium requirements

                            (1) Alliance

        Any local educational agency receiving an allocation that is not 
    sufficient to conduct a program which meets the requirements of 
    section 2355 of this title is encouraged to--
            (A) form a consortium or enter into a cooperative agreement 
        with an area vocational and technical education school or 
        educational service agency offering programs that meet the 
        requirements of section 2355 of this title;
            (B) transfer such allocation to the area vocational and 
        technical education school or educational service agency; and
            (C) operate programs that are of sufficient size, scope, and 
        quality to be effective.

                       (2) Funds to consortium

        Funds allocated to a consortium formed to meet the requirements 
    of this paragraph shall be used only for purposes and programs that 
    are mutually beneficial to all members of the consortium and can be 
    used only for programs authorized under this subchapter. Such funds 
    may not be reallocated to individual members of the consortium for 
    purposes or programs benefiting only one member of the consortium.

(h) Data

    The Secretary shall collect information from eligible agencies 
regarding the specific dollar allocations made available by the eligible 
agency for vocational and technical education programs under subsections 
(a), (b), (c), and (d) of this section and how these allocations are 
distributed to local educational agencies, area vocational and technical 
education schools, and educational service agencies, within the State in 
accordance with this section.

(i) Special rule

    Each eligible agency distributing funds under this section shall 
treat a secondary school funded by the Bureau of Indian Affairs within 
the State as if such school were a local educational agency within the 
State for the purpose of receiving a distribution under this section.

(Pub. L. 88-210, title I, Sec. 131, as added Pub. L. 105-332, Sec. 1(b), 
Oct. 31, 1998, 112 Stat. 3109.)


                            Prior Provisions

    Provisions similar to this section were contained in section 2341 of 
this title, prior to the general amendment of this chapter by Pub. L. 
105-332.
    A prior section 2351, Pub. L. 88-210, title III, Sec. 301, as added 
Pub. L. 98-524, Sec. 1, Oct. 19, 1984, 98 Stat. 2457, related to 
applications by community-based organizations, prior to the general 
amendment of this chapter by Pub. L. 105-332.

                  Section Referred to in Other Sections

    This section is referred to in sections 2302, 2322, 2353 of this 
title.
