 
 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. 6322. Fiscal requirements


(a) Maintenance of effort

    A local educational agency may receive funds under this part for any 
fiscal year only if the State educational agency finds that the local 
educational agency has maintained its fiscal effort in accordance with 
section 8891 of this title.

(b) Federal funds to supplement, not supplant, non-Federal funds

                           (1) In general

        A State or local educational agency shall use funds received 
    under this part only to supplement the amount of funds that would, 
    in the absence of such Federal funds, be made available from non-
    Federal sources for the education of pupils participating in 
    programs assisted under this part, and not to supplant such funds.

                          (2) Special rule

        No local educational agency shall be required to provide 
    services under this part through a particular instructional method 
    or in a particular instructional setting in order to demonstrate 
    such agency's compliance with paragraph (1).

(c) Comparability of services

                           (1) In general

        (A) Except as provided in paragraphs (4) and (5), a local 
    educational agency may receive funds under this part only if State 
    and local funds will be used in schools served under this part to 
    provide services that, taken as a whole, are at least comparable to 
    services in schools that are not receiving funds under this part.
        (B) If the local educational agency is serving all of such 
    agency's schools under this part, such agency may receive funds 
    under this part only if such agency will use State and local funds 
    to provide services that, taken as a whole, are substantially 
    comparable in each school.
        (C) A local educational agency may meet the requirements of 
    subparagraphs (A) and (B) on a grade-span by grade-span basis or a 
    school-by-school basis.

                        (2) Written assurance

        (A) A local educational agency shall be considered to have met 
    the requirements of paragraph (1) if such agency has filed with the 
    State educational agency a written assurance that such agency has 
    established and implemented--
            (i) a local educational agency-wide salary schedule;
            (ii) a policy to ensure equivalence among schools in 
        teachers, administrators, and other staff; and
            (iii) a policy to ensure equivalence among schools in the 
        provision of curriculum materials and instructional supplies.

        (B) For the purpose of subparagraph (A), in the determination of 
    expenditures per pupil from State and local funds, or instructional 
    salaries per pupil from State and local funds, staff salary 
    differentials for years of employment shall not be included in such 
    determinations.
        (C) A local educational agency need not include unpredictable 
    changes in student enrollment or personnel assignments that occur 
    after the beginning of a school year in determining comparability of 
    services under this subsection.

                     (3) Procedures and records

        Each local educational agency assisted under this part shall--
            (A) develop procedures for compliance with this subsection; 
        and
            (B) maintain records that are updated biennially documenting 
        such agency's compliance with this subsection.

                         (4) Inapplicability

        This subsection shall not apply to a local educational agency 
    that does not have more than one building for each grade span.

                           (5) Compliance

        For the purpose of determining compliance with paragraph (1), a 
    local educational agency may exclude State and local funds expended 
    for--
            (A) bilingual education for children of limited English 
        proficiency; and
            (B) excess costs of providing services to children with 
        disabilities as determined by the local educational agency.

(d) Exclusion of funds

    For the purpose of complying with subsections (b) and (c) of this 
section, a State or local educational agency may exclude supplemental 
State or local funds expended in any school attendance area or school 
for programs that meet the intent and purposes of this part.

(Pub. L. 89-10, title I, Sec. 1120A, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3559; amended Pub. L. 104-134, title 
I, Sec. 101(b) [title II, Sec. 2754], Apr. 26, 1996, 110 Stat. 1321-77, 
1321-150; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 
110 Stat. 1327.)


                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-134, Sec. 101(b) [title II, 
Sec. 2754(1)], substituted ``A State'' for ``(A) Except as provided in 
subparagraph (B), a State'' and struck out subpar. (B) which read as 
follows: ``For the purpose of complying with subparagraph (A), a State 
or local educational agency may exclude supplemental State and local 
funds expended in any eligible school attendance area or school for 
programs that meet the requirements of section 6314 or 6315 of this 
title.''
    Subsec. (d). Pub. L. 104-134, Sec. 101(b) [title II, Sec. 2754(2)], 
added subsec. (d).


                    Effective Date of 1996 Amendment

    Pub. L. 104-134, title I, Sec. 101(b) [title II, Sec. 2003], Apr. 
26, 1996, 110 Stat. 1321-77, 1321-112, as amended by Pub. L. 106-113, 
div. A, title I, Sec. 155, Nov. 29, 1999, 113 Stat. 1526, provided that: 
``Except as otherwise provided in this title [amending this section and 
sections 6364 and 6365 of this title], this title shall be effective 
beginning on the date of enactment of this Act [Apr. 26, 1996].''

                  Section Referred to in Other Sections

    This section is referred to in sections 6313, 6394, 6435 of this 
title.
