20 U.S.C. § 2

IMPACT AID PROGRAM.

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“Due to the public health emergency directly relating to COVID–19 and notwithstanding sections 7002(j) and 7003(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(j), 7703(c)), a local educational agency desiring to receive a payment under section 7002 or 7003 of such Act (20 U.S.C. 7702, 7703) for fiscal year 2023 that also submitted an application for such payment for fiscal year 2022 shall, in the application submitted under section 7005 of such Act (20 U.S.C. 7705) for fiscal year 2023—“(1) with respect to a requested payment under section 7002 of such Act—“(A) use the data described in section 7002(j) of such Act relating to calculating such payment that was submitted by the local educational agency in the application for fiscal year 2022; or“(B) use the data relating to calculating such payment for the fiscal year required under section 7002(j) of such Act; and“(2) with respect to a requested payment under section 7003 of such Act—“(A) use the student count data relating to calculating such payment that was submitted by the local educational agency in the application for fiscal year 2022, provided that payments for fiscal year 2023 shall be calculated by the Secretary using the expenditures and rates described in clauses (i), (ii), (iii), and (iv) of section 7003(b)(1)(C) of such Act that would otherwise apply for fiscal year 2023; or“(B) use the student count data relating to calculating such payment for the fiscal year required under section 7003(c) of such Act.”

Notes of Decisions

Cited in 1 case, 1971–1971 · leading case: Barrera v. Wheeler, 441 F.2d 795 (8th Cir. 1971).

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Barrera v. Wheeler, 441 F.2d 795 (8th Cir. 1971). “The management of the Office of Education is entrusted to the Commissioner of Education, subject to the direction and supervision of the Secretary of Health, Education and Welfare, 20 U.S.C. § 2 . . Appellees argue that Rosado is distinguishable from the case before us.”

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