20 USC § 7355 - Annual average daily attendance determination

---
identifier: "/us/usc/t20/s7355"
source: "usc"
legal_status: "official_prima_facie"
title: "20 USC § 7355 - Annual average daily attendance determination"
title_number: 20
title_name: "EDUCATION"
section_number: "7355"
section_name: "Annual average daily attendance determination"
chapter_number: 70
chapter_name: "STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS"
subchapter_number: "V"
subchapter_name: "FLEXIBILITY AND ACCOUNTABILITY"
part_number: "B"
part_name: "Rural Education Initiative"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 7355. Annual average daily attendance determination

**(a)** **Census determination** Each local educational agency desiring a grant under section 7345a of this title and each local educational agency 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 in kindergarten through grade 12 at the schools served by the agency; and

**1** not later than March 1 of each year, submit the number described in paragraph (1) to the Secretary (and to the State educational agency, in the case of a local educational agency seeking a grant under subpart (2)).[^1]

So in original. Probably should be “subpart 2).”

**(b)** **Penalty** section 7345a of this titlesection 7345a of this title

If the Secretary determines that a local educational agency or specially qualified agency has knowingly submitted false information under subsection (a) for the purpose of gaining additional funds under  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  or subpart 2 of this part if the agency had submitted accurate information under subsection (a).

---

**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.)

## Editorial Notes

### Prior Provisions

A prior  was classified to , prior to repeal by .

### Amendments

2015—, made technical amendment to references in original act which appear in text as references to .

## Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by  effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .