§ 2353. Special rules for career and technical education
(a)
Special rule for minimal allocation
(1)
General authority
Notwithstanding the provisions of sections
2351 and
2352 of this title and in order to make a more equitable distribution of funds for programs serving the areas of greatest economic need, for any program year for which a minimal amount is made available by an eligible agency for distribution under section
2351 or
2352 of this title, such eligible agency may distribute such minimal amount for such year—
(b)
Redistribution
(1)
In general
In any academic year that an eligible recipient does not expend all of the amounts the eligible recipient is allocated for such year under section
2351 or
2352 of this title, such eligible recipient shall return any unexpended amounts to the eligible agency to be reallocated under section
2351 or
2352 of this title, as appropriate.
(2)
Redistribution of amounts returned late in an academic year
In any academic year in which amounts are returned to the eligible agency under section
2351 or
2352 of this title and the eligible agency is unable to reallocate such amounts according to such sections in time for such amounts to be expended in such academic year, the eligible agency shall retain such amounts for distribution in combination with amounts provided under section
2322
(a)(1) of this title for the following academic year.
(c)
Construction
(1)
to prohibit a local educational agency or a consortium thereof that receives assistance under section
2351 of this title, from working with an eligible institution or consortium thereof that receives assistance under section
2352 of this title, to carry out career and technical education programs at the secondary level in accordance with this subchapter;
(2)
to prohibit an eligible institution or consortium thereof that receives assistance under section
2352 of this title, from working with a local educational agency or consortium thereof that receives assistance under section
2351 of this title, to carry out postsecondary and adult career and technical education programs in accordance with this subchapter; or
(3)
to require a charter school, that provides career and technical education programs and is considered a local educational agency under State law, to jointly establish the charter school’s eligibility for assistance under this subchapter unless the charter school is explicitly permitted to do so under the State’s charter school statute.
(d)
Consistent application
For purposes of this section, the eligible agency shall provide funds to charter schools offering career and technical education programs in the same manner as the eligible agency provides those funds to other schools. Such career and technical education programs within a charter school shall be of sufficient size, scope, and quality to be effective.