 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
    SUBCHAPTER I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
 
 Part A--Improving Basic Programs Operated by Local Educational Agencies
 
                  subpart 1--basic program requirements
 
Sec. 6313. Eligible school attendance areas


(a) Determination

                           (1) In general

        A local educational agency shall use funds received under this 
    part only in eligible school attendance areas.

                (2) Eligible school attendance areas

        For the purposes of this part--
            (A) the term ``school attendance area'' means, in relation 
        to a particular school, the geographical area in which the 
        children who are normally served by that school reside; and
            (B) the term ``eligible school attendance area'' means a 
        school attendance area in which the percentage of children from 
        low-income families is at least as high as the percentage of 
        children from low-income families in the local educational 
        agency as a whole.

                          (3) Ranking order

        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.

                         (4) Remaining funds

        If funds remain after serving all eligible school attendance 
    areas under paragraph (3), a local educational agency shall--
            (A) annually rank such agency's remaining eligible school 
        attendance areas from highest to lowest either by grade span or 
        for the entire local educational agency according to the 
        percentage of children from low-income families; and
            (B) serve such eligible school attendance areas in rank 
        order either within each grade-span grouping or within the local 
        educational agency as a whole.

                            (5) Measures

        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 [42 U.S.C. 1751 et seq.], the number of children in 
    families receiving assistance under the State program funded under 
    part A of title IV of the Social Security Act [42 U.S.C. 601 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 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.

                            (6) Exception

        This subsection shall not apply to a local educational agency 
    with a total enrollment of less than 1,000 children.

                 (7) Waiver for desegregation plans

        The Secretary may approve a local educational agency's written 
    request for a waiver of the requirements of subsections (a) and (c) 
    of this section, and permit such agency to treat as eligible, and 
    serve, any school that children attend with a State-ordered or a 
    court-ordered school desegregation plan or a plan that continues to 
    be implemented in accordance with a State-ordered or court-ordered 
    desegregation plan, if (A) the number of economically disadvantaged 
    children enrolled in the school is at least 25 percent of the 
    school's total enrollment; and (B) the Secretary determines on the 
    basis of a written request from such agency and in accordance with 
    such criteria as the Secretary 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) of this section, a local 
    educational agency may--
            (A) designate as eligible any school attendance area or 
        school in which at least 35 percent of the children are from 
        low-income families;
            (B) use funds received under this part in a school that is 
        not in an eligible school attendance area, if the percentage of 
        children from low-income families enrolled in the school is 
        equal to or greater than the percentage of such children in a 
        participating school attendance area of such agency; and
            (C) elect not to serve an eligible school attendance area or 
        eligible school that has a higher percentage of children from 
        low-income families if--
                (i) the school meets the comparability requirements of 
            section 6322(c) of this title;
                (ii) the school is receiving supplemental funds from 
            other State or local sources that are spent according to the 
            requirements of section 6314 or 6315 of this title; and
                (iii) the funds expended from such other sources equal 
            or exceed the amount that would be provided under this part.

                          (2) Special rule

        Notwithstanding paragraph (1)(C), the number of children 
    attending private elementary and secondary schools 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 in which such children reside is 
    assisted under paragraph (1).

(c) Allocations

                           (1) In general

        A local educational agency shall allocate funds received under 
    this part to eligible school attendance areas or eligible schools, 
    identified under subsection (a) or (b) of this section, in rank 
    order, on the basis of the total number of children from low-income 
    families in each area or school.

                          (2) Special rule

        (A) Except as provided in subparagraph (B), the per pupil amount 
    of funds allocated to each school attendance area or school under 
    paragraph (1) shall be at least 125 percent of the per pupil amount 
    of funds a local educational agency received for that year under the 
    poverty criteria described by the local educational agency in the 
    plan submitted under section 6312 of this title, except that this 
    paragraph shall not apply to a local educational agency that only 
    serves schools in which the percentage of such children is 35 
    percent or greater.
        (B) A local educational agency may reduce the amount of funds 
    allocated under subparagraph (A) for a school attendance area or 
    school by the amount of any supplemental State and local funds 
    expended in that school attendance area or school for programs that 
    meet the requirements of section 6314 or 6315 of this title.

                           (3) Reservation

        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) where appropriate, eligible homeless children who do not 
        attend participating schools, including providing educationally 
        related support services to children in shelters;
            (B) children in local institutions for neglected or 
        delinquent children; and
            (C) where appropriate, neglected and delinquent children in 
        community day school programs.

(Pub. L. 89-10, title I, Sec. 1113, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3532; amended Pub. L. 104-193, title 
I, Sec. 110(j)(1), Aug. 22, 1996, 110 Stat. 2172; Pub. L. 106-78, title 
VII, Sec. 752(b)(10), Oct. 22, 1999, 113 Stat. 1169.)

                       References in Text

    The Richard B. Russell National School Lunch Act, referred to in 
subsec. (a)(5), is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, 
which is classified generally to chapter 13 (Sec. 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), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the 
Act is classified generally to part A (Sec. 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.


                               Amendments

    1999--Subsec. (a)(5). Pub. L. 106-78 substituted ``Richard B. 
Russell National School Lunch Act'' for ``National School Lunch Act''.
    1996--Subsec. (a)(5). Pub. L. 104-193 substituted ``State program 
funded under part A of title IV of the Social Security Act'' for ``Aid 
to Families with Dependent Children program''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-193 effective July 1, 1997, with transition 
rules relating to State options to accelerate such date, rules relating 
to claims, actions, and proceedings commenced before such date, rules 
relating to closing out of accounts for terminated or substantially 
modified programs and continuance in office of Assistant Secretary for 
Family Support, and provisions relating to termination of entitlement 
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set 
out as an Effective Date note under section 601 of Title 42, The Public 
Health and Welfare.

                  Section Referred to in Other Sections

    This section is referred to in sections 5891a, 5891b, 6312, 6315 of 
this title.
