20 U.S.C. § 6313: Eligible school attendance areas

A local educational agency shall use funds received under this part only in eligible school attendance areas. 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 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. 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 serve such eligible school attendance areas in rank order. A local educational agency may lower the threshold in subparagraph (A)(i) to 50 percent for high schools served by such agency. 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 serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole. to identify eligible school attendance areas; to determine the ranking of each area; and to determine allocations under subsection (c). the measure described under subparagraph (A); or 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. conducting outreach to secondary schools within such agency to inform such schools of the option to use such measure; and a majority of such schools have approved the use of such measure. This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and 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. designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families; 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; 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 the school meets the comparability requirements of section 6321(c) of this title ; 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 the funds expended from such other sources equal or exceed the amount that would be provided under this part. 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). A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsections (a) and (b), in rank order, on the basis of the total number of children from low-income families in each area or school. 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. 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. homeless children and youths, including providing educationally related support services to children in shelters and other locations where children may live; children in local institutions for neglected children; and if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs. based on the total allocation received by the local educational agency; and prior to any allowable expenditures or transfers by the local educational agency. 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 11433(b)(1) of title 42 ; and funding for the liaison designated pursuant to section 11432(g)(1)(J)(ii) of title 42 ; and transportation pursuant to section 11432(g)(1)(J)(iii) of such title. A local educational agency may reserve such funds as are necessary from those funds received by the local educational agency under subchapter II, and not more than 5 percent of those funds received by the local educational agency under subpart 2 of this part, to provide financial incentives and rewards to teachers who serve in schools eligible under this section and identified for comprehensive support and improvement activities or targeted support and improvement activities under section 6311(d) of this title for the purpose of attracting and retaining qualified and effective teachers. A local educational agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible children.