SEC. 1007
ELIGIBLE SCHOOL ATTENDANCE AREAS
Section Summary
In this section, ESSA updated several sections fro, HCLB in regards to eligible school attendance areas.
The first noted update is around Ranking. A new paragraph outlining (3)Ranking replaces NCLB text. Paragraph 5 is also new with the removal of NCLB text and the addition of (5)Measures.
Other updates include:
(2) in subsection (b)(1)(D)(i), by striking ``section
1120A(c)'' and inserting ``section 1118(c)''; and
(3) in subsection (c)--
(A) by striking paragraph (3) and inserting the
following:
``(3) Reservation of funds.--
(B) in paragraph (4), by striking ``school
improvement, corrective action, and restructuring under
section 1116(b)'' and inserting ``comprehensive support
and improvement activities or targeted support and
improvement activities under section 1111(d)''; and
(C) by adding at the end the following:
``(5) Early childhood education.--A local educational agency
may reserve funds made available to carry out this section to
provide early childhood education programs for eligible
children.''.
ESSA Update
SEC. 1007. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113 (20 U.S.C. 6313) is amended--
(1) in subsection (a)--
(A) by striking paragraph (3) and inserting the
following:
``(3) Ranking order.--
[[Page 129 STAT. 1860]]
``(A) Ranking.--Except as provided in subparagraph
(B), if funds allocated in accordance with subsection
(c) are insufficient to serve all eligible school
attendance areas, a local educational agency shall--
``(i) 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
``(ii) serve such eligible school attendance
areas in rank order.
``(B) Exception.--A local educational agency may
lower the threshold in subparagraph (A)(i) to 50 percent
for high schools served by such agency.''; and
(B) by striking paragraph (5) and inserting the
following:
``(5) Measures.--
``(A) In general.--Except as provided in
subparagraph (B), a local educational agency shall use
the same measure of poverty, which measure shall be the
number of children aged 5 through 17 in poverty counted
in the most recent census data approved by the
Secretary, the number of children eligible for a free or
reduced price lunch 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, 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--
``(i) to identify eligible school attendance
areas;
``(ii) to determine the ranking of each area;
and
``(iii) to determine allocations under
subsection (c).
``(B) Secondary schools.--For measuring the number
of students in low-income families in secondary schools,
the local educational agency shall use the same measure
of poverty, which shall be--
``(i) the measure described under subparagraph
(A); or
``(ii) subject to meeting the conditions of
subparagraph (C), an accurate estimate of the
number of students in low-income families in a
secondary school that is calculated by applying
the average percentage of students in low-income
families of the elementary school attendance areas
as calculated under subparagraph (A) that feed
into the secondary school to the number of
students enrolled in such school.
``(C) Measure of poverty.--The local educational
agency shall have the option to use the measure of
poverty described in subparagraph (B)(ii) after--
``(i) conducting outreach to secondary schools
within such agency to inform such schools of the
option to use such measure; and
``(ii) a majority of such schools have
approved the use of such measure.'';
[[Page 129 STAT. 1861]]
(2) in subsection (b)(1)(D)(i), by striking ``section
1120A(c)'' and inserting ``section 1118(c)''; and
(3) in subsection (c)--
(A) by striking paragraph (3) and inserting the
following:
``(3) Reservation of funds.--
``(A) In general.--A local educational agency shall
reserve such funds as are necessary under this part,
determined in accordance with subparagraphs (B) and (C),
to provide services comparable to those provided to
children in schools funded under this part to serve--
``(i) homeless children and youths, including
providing educationally related support services
to children in shelters and other locations where
children may live;
``(ii) children in local institutions for
neglected children; and
``(iii) if appropriate, children in local
institutions for delinquent children, and
neglected or delinquent children in community day
programs.
``(B) Method of determination.--The share of funds
determined under subparagraph (A) shall be determined--
``(i) based on the total allocation received
by the local educational agency; and
``(ii) prior to any allowable expenditures or
transfers by the local educational agency.
``(C) Homeless children and youths.--Funds reserved
under subparagraph (A)(i) may be--
``(i) determined based on a needs assessment
of homeless children and youths in the local
educational agency, taking into consideration the
number and needs of homeless children and youths
in the local educational agency, and which needs
assessment may be the same needs assessment as
conducted under section 723(b)(1) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C.
11433(b)(1)); and
``(ii) used to provide homeless children and
youths with services not ordinarily provided to
other students under this part, including
providing--
``(I) funding for the liaison
designated pursuant to section
722(g)(1)(J)(ii) of such Act (42 U.S.C.
11432(g)(1)(J)(ii)); and
``(II) transportation pursuant to
section 722(g)(1)(J)(iii) of such Act
(42 U.S.C. 11432(g)(1)(J)(iii)).'';
(B) in paragraph (4), by striking ``school
improvement, corrective action, and restructuring under
section 1116(b)'' and inserting ``comprehensive support
and improvement activities or targeted support and
improvement activities under section 1111(d)''; and
(C) by adding at the end the following:
``(5) Early childhood education.--A local educational agency
may reserve funds made available to carry out this section to
provide early childhood education programs for eligible
children.''.
NCLB Text
``SEC. 1113. <<NOTE: 20 USC 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
served by the local educational agency as a whole.
``(3) Ranking order.--If funds allocated in accordance with
subsection (c) 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, the number of children in
families receiving assistance under the State program funded
under part A of title IV of the Social Security Act, 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).
[[Page 115 STAT. 1470]]
``(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), and
permit such agency to treat as eligible, and serve, any school
that children attend with a State-ordered, 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), 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;
``(C) designate and serve a school attendance area
or school that is not eligible under this section, but
that was eligible and that was served in the preceding
fiscal year, but only for 1 additional fiscal year; and
``(D) 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 1120A(c);
``(ii) the school is receiving supplemental
funds from other State or local sources that are
spent according to the requirements of section
1114 or 1115; 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)(D), the
number of children attending private elementary schools 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
subparagraph (A).
``(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 subsections (a) and
[[Page 115 STAT. 1471]]
(b), 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) In general.--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 1112, 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) Exception.--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 1114 or 1115.
``(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) homeless children who do not attend
participating schools, including providing educationally
related support services to children in shelters and
other locations where children may live;
``(B) children in local institutions for neglected
children; and
``(C) if appropriate, children in local institutions
for delinquent children, and neglected or delinquent
children in community day school programs.
``(4) Financial incentives and rewards reservation.--A local
educational agency may reserve such funds as are necessary from
those funds received by the local educational agency under title
II, and not more than 5 percent of those funds received by the
local educational agency under subpart 2, to provide financial
incentives and rewards to teachers who serve in schools eligible
under this section and identified for school improvement,
corrective action, and restructuring under section 1116(b) for
the purpose of attracting and retaining qualified and effective
teachers.
