[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1222 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1222
To amend the small, rural school achievement program and the rural and
low-income school program under part B of title VI of the Elementary
and Secondary Education Act of 1965.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 25, 2013
Ms. Collins (for herself and Mr. Baucus) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the small, rural school achievement program and the rural and
low-income school program under part B of title VI of the Elementary
and Secondary Education Act of 1965.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Education Achievement Program
Reauthorization Act of 2013''.
SEC. 2. SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM.
Sections 6211 and 6212 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7345, 7345a) are amended to read as follows:
``SEC. 6211. USE OF APPLICABLE FUNDING.
``(a) Alternative Uses.--
``(1) In general.--Notwithstanding any other provision of
law, an eligible local educational agency may use the
applicable funding that the agency is eligible to receive from
the State educational agency for a fiscal year to carry out
local activities authorized under any of the following
provisions:
``(A) Part A of title I.
``(B) Part A or D of title II.
``(C) Title III.
``(D) Part A or B of title IV.
``(E) Part A of title V.
``(2) Notification.--An eligible local educational agency
shall notify the State educational agency of the local
educational agency's intention to use the applicable funding in
accordance with paragraph (1), by a date that is established by
the State educational agency for the notification.
``(b) Eligibility.--
``(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance with
subsection (a) if--
``(A)(i)(I) the total number of students in average
daily attendance at all of the schools served by the
local educational agency is fewer than 600; or
``(II) each county in which a school served by the
local educational agency is located has a total
population density of fewer than 10 persons per square
mile; and
``(ii) all of the schools served by the local
educational agency are designated with a school locale
code of Fringe Rural, Distant Rural, or Remote Rural,
as determined by the Secretary; or
``(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance
with paragraph (2), grants the local educational
agency's request to waive the criteria described in
subparagraph (A)(ii).
``(2) Certification.--The Secretary shall determine whether
to waive the criteria described in paragraph (1)(A)(ii) based
on a demonstration by the local educational agency, and
concurrence by the State educational agency, that the local
educational agency is located in an area defined as rural by a
governmental agency of the State.
``(c) Applicable Funding Defined.--In this section, the term
`applicable funding' means funds provided under any of the following
provisions:
``(1) Subpart 2 and section 2412(a)(2)(A) of title II.
``(2) Section 4114.
``(3) Part A of title V.
``(d) Disbursement.--Each State educational agency that receives
applicable funding for a fiscal year shall disburse the applicable
funding to local educational agencies for alternative uses under this
section for the fiscal year at the same time as the State educational
agency disburses the applicable funding to local educational agencies
that do not intend to use the applicable funding for such alternative
uses for the fiscal year.
``(e) Applicable Rules.--Applicable funding under this section
shall be available to carry out local activities authorized under
subsection (a).
``SEC. 6212. GRANT PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to
eligible local educational agencies to enable the local educational
agencies to carry out activities authorized under any of the following
provisions:
``(1) Part A of title I.
``(2) Part A or D of title II.
``(3) Title III.
``(4) Part A or B of title IV.
``(5) Part A of title V.
``(b) Allocation.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall award a grant under subsection (a) to a local
educational agency eligible under section 6211(b) for a fiscal
year in an amount equal to the initial amount determined under
paragraph (2) for the fiscal year minus the total amount
received by the agency under the provisions of law described in
section 6211(c) for the preceding fiscal year.
``(2) Determination of initial amount.--
``(A) In general.--The initial amount referred to
in paragraph (1) is equal to $100 multiplied by the
total number of students in excess of 50 students, in
average daily attendance at the schools served by the
local educational agency, plus $20,000, except that the
initial amount may not exceed $60,000.
``(B) Special rule.--For any fiscal year for which
the amount made available to carry out this part is
$100,000,000 or more, subparagraph (A) shall be
applied--
``(i) by substituting `$25,000' for
`$20,000'; and
``(ii) by substituting `$80,000' for
`$60,000'.
``(3) Ratable adjustment.--
``(A) In general.--If the amount made available to
carry out this section for any fiscal year is not
sufficient to pay in full the amounts that local
educational agencies are eligible to receive under
paragraph (1) for such year, the Secretary shall
ratably reduce such amounts for such year.
``(B) Additional amounts.--If additional funds
become available for making payments under paragraph
(1) for such fiscal year, payments that were reduced
under subparagraph (A) shall be increased on the same
basis as such payments were reduced.
``(c) Disbursement.--The Secretary shall disburse the funds awarded
to a local educational agency under this section for a fiscal year not
later than July 1 of that fiscal year.
``(d) Special Eligibility Rule.--A local educational agency that
receives a grant under this subpart for a fiscal year is not eligible
to receive funds for such fiscal year under subpart 2.''.
SEC. 3. RURAL AND LOW-INCOME SCHOOL PROGRAM.
Section 6221 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7351) is amended to read as follows:
``SEC. 6221. PROGRAM AUTHORIZED.
``(a) Grants to States.--
``(1) In general.--From amounts appropriated under section
6234 for this subpart for a fiscal year that are not reserved
under subsection (c), the Secretary shall award grants (from
allotments made under paragraph (2)) for the fiscal year to
State educational agencies that have applications submitted
under section 6223 approved to enable the State educational
agencies to award grants to eligible local educational agencies
for local authorized activities described in section 6222(a).
``(2) Allotment.--From amounts described in paragraph (1)
for a fiscal year, the Secretary shall allot to each State
educational agency for that fiscal year an amount that bears
the same ratio to those amounts as the number of students in
average daily attendance served by eligible local educational
agencies in the State for that fiscal year bears to the number
of all such students served by eligible local educational
agencies in all States for that fiscal year.
``(3) Specially qualified agencies.--
``(A) Eligibility and application.--If a State
educational agency elects not to participate in the
program under this subpart or does not have an
application submitted under section 6223 approved, a
specially qualified agency in such State desiring a
grant under this subpart may submit an application
under such section directly to the Secretary to receive
an award under this subpart.
``(B) Direct awards.--The Secretary may award, on a
competitive basis or by formula, the amount the State
educational agency is eligible to receive under
paragraph (2) directly to a specially qualified agency
in the State that has submitted an application in
accordance with subparagraph (A) and obtained approval
of the application.
``(C) Specially qualified agency defined.--In this
subpart, the term `specially qualified agency' means an
eligible local educational agency served by a State
educational agency that does not participate in a
program under this subpart in a fiscal year, that may
apply directly to the Secretary for a grant in such
year under this subsection.
``(b) Local Awards.--
``(1) Eligibility.--A local educational agency shall be
eligible to receive a grant under this subpart if--
``(A) 40 percent or more of the children ages 5
through 17 years served by the local educational agency
are eligible for a free or reduced price lunch under
the Richard B. Russell National School Lunch Act; and
``(B) all of the schools served by the agency are
designated with a school locale code of Distant Town,
Remote Town, Fringe Rural, Distant Rural, or Remote
Rural, as determined by the Secretary.
``(2) Award basis.--A State educational agency shall award
grants to eligible local educational agencies--
``(A) on a competitive basis;
``(B) according to a formula based on the number of
students in average daily attendance served by the
eligible local educational agencies or schools in the
State; or
``(C) according to an alternative formula, if,
prior to awarding the grants, the State educational
agency demonstrates, to the satisfaction of the
Secretary, that the alternative formula enables the
State educational agency to allot the grant funds in a
manner that serves equal or greater concentrations of
children from families eligible for a free or reduced
price lunch under the Richard B. Russell National
School Lunch Act, relative to the concentrations that
would be served if the State educational agency used
the formula described in subparagraph (B).
``(c) Reservations.--From amounts appropriated under section 6234
for this subpart for a fiscal year, the Secretary shall reserve--
``(1) one-half of 1 percent to make awards to elementary
schools or secondary schools operated or supported by the
Bureau of Indian Affairs, to carry out the activities
authorized under this subpart; and
``(2) one-half of 1 percent to make awards to the outlying
areas in accordance with their respective needs, to carry out
the activities authorized under this subpart.
``(d) Special Eligibility Rule.--A local educational agency that is
eligible to receive a grant under this subpart and is also eligible to
receive a grant under subpart 1, may receive a grant under this subpart
for a fiscal year only if the local educational agency does not receive
a grant under subpart 1 for such fiscal year.''.
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