---
kind: "section"
citation: "20 U.S.C. § 7355"
title: "20"
title_heading: "Education"
number: "7355"
heading: "Annual average daily attendance determination"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/7355"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter V — Flexibility and Accountability"
  - "Part B — Rural Education Initiative"
  - "Subpart 3 — general provisions"
---

# §7355. Annual average daily attendance determination

- (a) **Census determination—** Each [local educational agency](/usc/20/7801.md?p=30-A) desiring a grant under [section 7345a of this title](/usc/20/7345a.md) and each [local educational agency](/usc/20/7801.md?p=30-A) or specially qualified agency desiring a grant under subpart 2 of this part shall—
  - (1) not later than December 1 of each year, conduct a census to determine the number of students in [average daily attendance](/usc/20/7801.md?p=1-A) in kindergarten through grade 12 at the schools served by the agency; and
  - (2) not later than March 1 of each year, submit the number described in [paragraph (1)](#a-1) to the [Secretary](/usc/20/7801.md?p=46) (and to the [State educational agency](/usc/20/7801.md?p=49), in the case of a [local educational agency](/usc/20/7801.md?p=30-A) seeking a grant under subpart (2)).[^1]
- (b) **Penalty—** If the [Secretary](/usc/20/7801.md?p=46) determines that a [local educational agency](/usc/20/7801.md?p=30-A) or specially qualified agency has knowingly submitted false information under [subsection (a)](#a) for the purpose of gaining additional funds under [section 7345a of this title](/usc/20/7345a.md) or subpart 2 of this part, then the agency shall be fined an amount equal to twice the difference between the amount the agency received under this section and the correct amount the agency would have received under [section 7345a of this title](/usc/20/7345a.md) or subpart 2 of this part if the agency had submitted accurate information under [subsection (a)](#a).

## Footnotes

[^1]: So in original. Probably should be “subpart 2).”

## Source credit

(Pub. L. 89–10, title V, § 5231, formerly title VI, § 6231, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1897; renumbered title V, § 5231, and amended Pub. L. 114–95, title V, § 5001(a)(5), (b)(2), Dec. 10, 2015, 129 Stat. 2039, 2040.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 5231 of Pub. L. 89–10 was classified to section 7223j of this title, prior to repeal by Pub. L. 114–95.

### Amendments

2015—Pub. L. 114–95, § 5001(b)(2), made technical amendment to references in original act which appear in text as references to section 7345a of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 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 a note under section 6301 of this title.