 
             CHAPTER 44--VOCATIONAL AND TECHNICAL EDUCATION
 
   SUBCHAPTER I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE 
                                 STATES
 
                        Part C--Local Provisions
 
Sec. 2353. Special rules for vocational and technical education


(a) Special rule for minimal allocation

                        (1) General authority

        Notwithstanding the provisions of sections 2351 and 2352 of this 
    title in order to make a more equitable distribution of funds for 
    programs serving the areas of greatest economic need, for any 
    program year for which a minimal amount is made available by an 
    eligible agency for distribution under section 2351 or 2352 of this 
    title, such State may distribute such minimal amount for such year--
            (A) on a competitive basis; or
            (B) through any alternative method determined by the State.

                         (2) Minimal amount

        For purposes of this section, the term ``minimal amount'' means 
    not more than 15 percent of the total amount made available for 
    distribution under section 2322(a)(1) of this title.

(b) Redistribution

                           (1) In general

        In any academic year that an eligible recipient does not expend 
    all of the amounts the eligible recipient is allocated for such year 
    under section 2351 or 2352 of this title, such eligible recipient 
    shall return any unexpended amounts to the eligible agency to be 
    reallocated under section 2351 or 2352 of this title, as 
    appropriate.

     (2) Redistribution of amounts returned late in an academic 
                                    year

        In any academic year in which amounts are returned to the 
    eligible agency under section 2351 or 2352 of this title and the 
    eligible agency is unable to reallocate such amounts according to 
    such sections in time for such amounts to be expended in such 
    academic year, the eligible agency shall retain such amounts for 
    distribution in combination with amounts provided under section 
    2322(a)(1) of this title for the following academic year.

(c) Construction

    Nothing in section 2351 or 2352 of this title shall be construed--
        (1) to prohibit a local educational agency or a consortium 
    thereof that receives assistance under section 2351 of this title, 
    from working with an eligible institution or consortium thereof that 
    receives assistance under section 2352 of this title, to carry out 
    secondary school vocational and technical education programs in 
    accordance with this subchapter;
        (2) to prohibit an eligible institution or consortium thereof 
    that receives assistance under section 2352 of this title, from 
    working with a local educational agency or consortium thereof that 
    receives assistance under section 2351 of this title, to carry out 
    postsecondary and adult vocational and technical education programs 
    in accordance with this subchapter; or
        (3) to require a charter school, that provides vocational and 
    technical education programs and is considered a local educational 
    agency under State law, to jointly establish the charter school's 
    eligibility for assistance under this subchapter unless the charter 
    school is explicitly permitted to do so under the State's charter 
    school statute.

(d) Consistent application

    For purposes of this section, the eligible agency shall provide 
funds to charter schools offering vocational and technical education 
programs in the same manner as the eligible agency provides those funds 
to other schools. Such vocational and technical education programs 
within a charter school shall be of sufficient size, scope, and quality 
to be effective.

(Pub. L. 88-210, title I, Sec. 133, as added Pub. L. 105-332, Sec. 1(b), 
Oct. 31, 1998, 112 Stat. 3113.)


                            Prior Provisions

    Provisions similar to this section were contained in sections 2341b 
and 2341c of this title, 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 2351, 2352 of this title.
