---
kind: "section"
citation: "20 U.S.C. § 2353"
title: "20"
title_heading: "Education"
number: "2353"
heading: "Special rules for career and technical education"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/2353"
units:
  - "Chapter 44 — Career and Technical Education"
  - "Subchapter I — Career and Technical Education Assistance to the States"
  - "Part C — Local Provisions"
---

# §2353. Special rules for career and technical education

- (a) **Special rule for minimal allocation—**
  - (1) **General authority—** Notwithstanding the provisions of sections [2351](/usc/20/2351.md) and [2352](/usc/20/2352.md) 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](/usc/20/2302.md?p=18) for distribution under section [2351](/usc/20/2351.md) or [2352](/usc/20/2352.md) of this title, such [eligible agency](/usc/20/2302.md?p=18) may distribute such minimal amount for such year—
    - (A) on a competitive basis; or
    - (B) through any alternative method determined by the [eligible agency](/usc/20/2302.md?p=18).
  - (2) **Minimal amount—** For purposes of this section, the term “minimal amount” means not more than 15 percent of the total amount made available for distribution under [section 2322(a)(1) of this title](/usc/20/2322.md?p=a-1).
- (b) **Redistribution—**
  - (1) **In general—** In any academic year that an [eligible recipient](/usc/20/2302.md?p=21) does not expend all of the amounts the [eligible recipient](/usc/20/2302.md?p=21) is allocated for such year under section [2351](/usc/20/2351.md) or [2352](/usc/20/2352.md) of this title, such [eligible recipient](/usc/20/2302.md?p=21) shall return any unexpended amounts to the [eligible agency](/usc/20/2302.md?p=18) to be reallocated under section [2351](/usc/20/2351.md) or [2352](/usc/20/2352.md) 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](/usc/20/2302.md?p=18) under section [2351](/usc/20/2351.md) or [2352](/usc/20/2352.md) of this title and the [eligible agency](/usc/20/2302.md?p=18) 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](/usc/20/2302.md?p=18) shall retain such amounts for distribution in combination with amounts provided under [section 2322(a)(1) of this title](/usc/20/2322.md?p=a-1) for the following academic year.
- (c) **Construction—** Nothing in section [2351](/usc/20/2351.md) or [2352](/usc/20/2352.md) of this title shall be construed—
  - (1) to prohibit a [local educational agency](/usc/20/2302.md?p=31) or a consortium thereof that receives assistance under [section 2351 of this title](/usc/20/2351.md), from working with an [eligible institution](/usc/20/2302.md?p=20) or consortium thereof that receives assistance under [section 2352 of this title](/usc/20/2352.md), to carry out [career and technical education](/usc/20/2302.md?p=5) programs or programs of study at the secondary level in accordance with this subchapter;
  - (2) to prohibit an [eligible institution](/usc/20/2302.md?p=20) or consortium thereof that receives assistance under [section 2352 of this title](/usc/20/2352.md), from working with a [local educational agency](/usc/20/2302.md?p=31) or consortium thereof that receives assistance under [section 2351 of this title](/usc/20/2351.md), to carry out postsecondary and adult [career and technical education](/usc/20/2302.md?p=5) programs or programs of study in accordance with this subchapter; or
  - (3) to require a [charter school](/usc/20/2302.md?p=9), that provides [career and technical education](/usc/20/2302.md?p=5) programs or programs of study and is considered a [local educational agency](/usc/20/2302.md?p=31) under [State](/usc/20/2302.md?p=49) law, to jointly establish the [charter school](/usc/20/2302.md?p=9)’s eligibility for assistance under this subchapter unless the [charter school](/usc/20/2302.md?p=9) is explicitly permitted to do so under the [State](/usc/20/2302.md?p=49)’s [charter school](/usc/20/2302.md?p=9) statute.
- (d) **Consistent application—** For purposes of this section, the [eligible agency](/usc/20/2302.md?p=18) shall provide funds to [charter schools](/usc/20/2302.md?p=9) offering [career and technical education](/usc/20/2302.md?p=5) programs or programs of study in the same manner as the [eligible agency](/usc/20/2302.md?p=18) provides those funds to other schools. Such [career and technical education](/usc/20/2302.md?p=5) programs or programs of study within a [charter school](/usc/20/2302.md?p=9) shall be of sufficient size, scope, and quality to be effective.

## Source credit

(Pub. L. 88–210, title I, § 133, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 731; amended Pub. L. 115–224, title I, § 132, July 31, 2018, 132 Stat. 1612.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 2353, Pub. L. 88–210, title I, § 133, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3113, related to special rules for vocational and technical education, prior to the general amendment of this chapter by Pub. L. 109–270.

### Amendments

2018—Subsecs. (c), (d). Pub. L. 115–224 inserted “or programs of study” after “career and technical education programs” wherever appearing.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title.