H.R.1—172
a precipitous decline in financial resources, the Secretary of Edu-
cation may waive or modify any requirement of this title relating
to maintaining fiscal effort.
(b) DURATION.—A waiver or modification under this section
shall be for any of fiscal year 2009, fiscal year 2010, or fiscal
year 2011, as determined by the Secretary.
(c) CRITERIA.—The 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) MAINTENANCE OF EFFORT.—Upon 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-Fed-
eral funds for the purpose of any requirement to maintain fiscal
effort under any other program, including part C of the Individuals
with Disabilities Education Act (20 U.S.C. 1431 et seq.), adminis-
tered by the Secretary.
(e) SUBSEQUENT LEVEL OF EFFORT.—Notwithstanding (d), the
level of effort required by a State or local educational agency for
the following fiscal year shall not be reduced.
SEC. 14013. DEFINITIONS.
Except 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 Higher Education
Act of 1965 (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 Puerto Rico;
and
(6) any other term used that is defined in section 9101
of the ESEA (20 U.S.C. 7801) shall have the meaning given
the term in such section.
TITLE XV—ACCOUNTABILITY AND
TRANSPARENCY
SEC. 1501. DEFINITIONS.
In this title:
(1) AGENCY.—The term ‘‘agency’’ has the meaning given
under section 551 of title 5, United States Code.
H.R.1—172
a precipitous decline in financial resources, the Secretary of Edu-
cation may waive or modify any requirement of this title relating
to maintaining fiscal effort.
(b) DURATION.—A waiver or modification under this section
shall be for any of fiscal year 2009, fiscal year 2010, or fiscal
year 2011, as determined by the Secretary.
(c) CRITERIA.—The 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) MAINTENANCE OF EFFORT.—Upon 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-Fed-
eral funds for the purpose of any requirement to maintain fiscal
effort under any other program, including part C of the Individuals
with Disabilities Education Act (20 U.S.C. 1431 et seq.), adminis-
tered by the Secretary.
(e) SUBSEQUENT LEVEL OF EFFORT.—Notwithstanding (d), the
level of effort required by a State or local educational agency for
the following fiscal year shall not be reduced.
SEC. 14013. DEFINITIONS.
Except 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 Higher Education
Act of 1965 (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 Puerto Rico;
and
(6) any other term used that is defined in section 9101
of the ESEA (20 U.S.C. 7801) shall have the meaning given
the term in such section.
TITLE XV—ACCOUNTABILITY AND
TRANSPARENCY
SEC. 1501. DEFINITIONS.
In this title:
(1) AGENCY.—The term ‘‘agency’’ has the meaning given
under section 551 of title 5, United States Code.
