---
kind: "section"
citation: "20 U.S.C. § 7351d"
title: "20"
title_heading: "Education"
number: "7351d"
heading: "Choice of participation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/7351d"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter V — Flexibility and Accountability"
  - "Part B — Rural Education Initiative"
  - "Subpart 2 — rural and low-income school program"
---

# §7351d. Choice of participation

- (a) **In general—** If a [local educational agency](/usc/20/7801.md?p=30-A) is eligible for funding under both this subpart and subpart 1, such [local educational agency](/usc/20/7801.md?p=30-A) may receive funds under either this subpart or subpart 1 for a fiscal year, but may not receive funds under both subparts for such fiscal year.
- (b) **Notification—** A [local educational agency](/usc/20/7801.md?p=30-A) eligible for funding under both this subpart and subpart 1 shall notify the [Secretary](/usc/20/7801.md?p=46) and the [State educational agency](/usc/20/7801.md?p=49) under which of such subparts the [local educational agency](/usc/20/7801.md?p=30-A) intends to receive funds for a fiscal year by a date that is established by the [Secretary](/usc/20/7801.md?p=46) for the notification.

## Source credit

(Pub. L. 89–10, title V, § 5225, as added Pub. L. 114–95, title V, § 5003(8), Dec. 10, 2015, 129 Stat. 2044.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 5225 of Pub. L. 89–10 was classified to section 7223d of this title, prior to repeal by Pub. L. 114–95.

Prior sections 7352 and 7353 were omitted in the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.

Section 7352, Pub. L. 89–10, title VI, § 6302, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3711, related to administrative authority.

Section 7353, Pub. L. 89–10, title VI, § 6303, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3711, related to local applications for allocations of funds.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.