Page:United States Statutes at Large Volume 123.djvu/306

 123STA T . 2 86PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9apreci pi tousd ec l i n ein f inancial resources , t h e S ecretar y of E du - cation m ay w ai v e or modify any re q uirement of this title relatin g to maintaining fiscal effort .(b)DURATION . —A waiver or modification under this section shall be for any of fiscal year 20 0 9, fiscal year 20 1 0, or fiscal year 2011, as determined by the Secretary. (c) C RIT E RIA.— T he Secretary shall not grant a waiver or modi- fication under this section unless the Secretary determines that the State or local educational agency receiving such waiver or modification will not provide for elementary and secondary edu- cation, for the fiscal year under consideration, a smaller percentage of the total revenues available to the State or local educational agency than the amount provided for such purpose in the preceding fiscal year. (d) M AINTENAN C EO F EFFORT.— U pon prior approval from the Secretary, a State or local educational agency that receives funds under this title may treat any portion of such funds that is used for elementary, secondary, or postsecondary education as non- F ed- eral funds for the purpose of any requirement to maintain fiscal effort under any other program, including part C of the I ndividuals with Disabilities Education Act (20 U.S.C. 1 43 1 et seq.), adminis- tered by the Secretary. (e) SU BS E Q UENT L E V E L OF EFFORT.— N otwithstanding (d), the level of effort required by a State or local educational agency for the following fiscal year shall not be reduced. SEC.140 1 3 . D E FIN I T I O NS. E x cept as otherwise provided in this title, as used in this title— (1) the terms ‘ ‘elementary education ’ ’ and ‘‘secondary edu- cation’’ have the meaning given such terms under State law (2) the term ‘‘high-need local educational agency’’ means a local educational agency— (A) that serves not fewer than 10,000 children from families with incomes below the poverty line; or ( B ) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; (3) the term ‘‘institution of higher education’’ has the meaning given such term in section 101 of the H igher Education Act of 19 65 (20 U.S.C. 1001); (4) the term ‘‘Secretary’’ means the Secretary of Education; (5) the term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of P uerto R ico; and (6) any other term used that is defined in section 9101 of the ESEA (20 U.S.C. 78 01) shall have the meaning given the term in such section. TI T LEXV—AC C OUN TA B ILIT Y AN D T R AN SP ARENCY SEC. 1 5 01. DEFINITIONS. In this title (1) A G ENC Y .—The term ‘‘agency’’ has the meaning given under section 551 of title 5, United States Code.