Collapse to view only § 6339. Carryover and waiver
- § 6331. Grants for the outlying areas and the Secretary of the Interior
- § 6332. Allocations to States
- § 6333. Basic grants to local educational agencies
- § 6334. Concentration grants to local educational agencies
- § 6335. Targeted grants to local educational agencies
- § 6336. Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001
- § 6337. Education finance incentive grant program
- § 6338. Special allocation procedures
- § 6339. Carryover and waiver
§ 6331. Grants for the outlying areas and the Secretary of the Interior
(a) Reservation of funds
Subject to subsection (e), from the amount appropriated for payments to States for any fiscal year under section 6302(a) of this title, the Secretary shall—
(1) reserve 0.4 percent to provide assistance to the outlying areas in accordance with subsection (b); and
(2) reserve 0.7 percent to provide assistance to the Secretary of the Interior in accordance with subsection (d).
(b) Assistance to outlying areas
(1) Funds reserved
From the amount made available for any fiscal year under subsection (a)(1), the Secretary shall—
(A) first reserve $1,000,000 for the Republic of Palau, subject to such terms and conditions as the Secretary may establish, except that Public Law 95–134, permitting the consolidation of grants, shall not apply; and
(B) use the remaining funds to award grants to the outlying areas in accordance with paragraphs (2) through (5).
(2) Amount of grants
(3) Hold-harmless amounts
For each fiscal year, the amount made available to each outlying area under this subsection shall be—
(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted under paragraph (2) is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the outlying area;
(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent.
(4) Ratable reductions
(5) Uses
Grant funds awarded under paragraph (1)(A) may be used only—
(A) for programs described in this chapter, including teacher training, curriculum development, instructional materials, or general school improvement and reform; and
(B) to provide direct educational services that assist all students with meeting the challenging State academic standards.
(c) Definitions
(d) Allotment to the Secretary of the Interior
(1) In general
The amount allotted for payments to the Secretary of the Interior under subsection (a)(2) for any fiscal year shall be used, in accordance with such criteria as the Secretary may establish, to meet the unique educational needs of—
(A) Indian children on reservations served by elementary schools and secondary schools for Indian children operated or supported by the Department of the Interior; and
(B) out-of-State Indian children in elementary schools and secondary schools in local educational agencies under special contracts with the Department of the Interior.
(2) Payments
From the amount allotted for payments to the Secretary of the Interior under subsection (a)(2), the Secretary of the Interior shall make payments to local educational agencies, on such terms as the Secretary determines will best carry out the purposes of this part, with respect to out-of-State Indian children described in paragraph (1). The amount of such payment may not exceed, for each such child, the greater of—
(A) 40 percent of the average per-pupil expenditure in the State in which the agency is located; or
(B) 48 percent of such expenditure in the United States.
(e) Limitation on applicability
(Pub. L. 89–10, title I, § 1121, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1513; amended Pub. L. 114–95, title I, § 1014, Dec. 10, 2015, 129 Stat. 1876; Pub. L. 118–42, div. G, title II, § 209(b)(4)(A), Mar. 9, 2024, 138 Stat. 443.)
§ 6332. Allocations to States
(a) Allocation formula
Of the amount appropriated under section 6302(a) of this title to carry out this part for each of fiscal years 2017–2020 (referred to in this subsection as the current fiscal year)—
(1) an amount equal to the amount made available to carry out section 6333 of this title for fiscal year 2001 shall be allocated in accordance with section 6333 of this title;
(2) an amount equal to the amount made available to carry out section 6334 of this title for fiscal year 2001 shall be allocated in accordance with section 6334 of this title; and
(3) an amount equal to 100 percent of the amount, if any, by which the total amount made available under this subsection for the current fiscal year for which the determination is made exceeds the total amount available to carry out sections 6333 and 6334 of this title for fiscal year 2001 shall be used to carry out sections 6335 and 6337 of this title and such amount shall be divided equally between sections 6335 and 6337 of this title.
(b) Adjustments where necessitated by appropriations
(1) In general
(2) Additional funds
(c) Hold-harmless amounts
(1) Amounts for sections 6333, 6334, and 6335
For each fiscal year, the amount made available to each local educational agency under each of sections 6333, 6334, and 6335 of this title shall be—
(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted for grants under section 6333 of this title is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency;
(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent.
(2) Payments
(3) Applicability
(4) Population data
(d) Ratable reductions
(1) In general
(2) Additional funds
(e) Definition
(Pub. L. 89–10, title I, § 1122, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1515; amended Pub. L. 114–95, title I, § 1015, Dec. 10, 2015, 129 Stat. 1878.)
§ 6333. Basic grants to local educational agencies
(a) Amount of grants
(1) Grants for local educational agencies and Puerto RicoExcept as provided in paragraph (4) and in section 6338 of this title, the grant that a local educational agency is eligible to receive under this section for a fiscal year is the amount determined by multiplying—
(A) the number of children counted under subsection (c); and
(B) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph shall not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States.
(2) Calculation of grants
(A) Allocations to local educational agenciesThe Secretary shall calculate grants under this section on the basis of the number of children counted under subsection (c) for local educational agencies, unless the Secretary and the Secretary of Commerce determine that some or all of those data are unreliable or that their use would be otherwise inappropriate, in which case—
(i) the two Secretaries shall publicly disclose the reasons for their determination in detail; and
(ii) paragraph (3) shall apply.
(B) Allocations to large and small local educational agencies
(i) For any fiscal year to which this paragraph applies, the Secretary shall calculate grants under this section for each local educational agency.
(ii) The amount of a grant under this section for each large local educational agency shall be the amount determined under clause (i).
(iii) For small local educational agencies, the State educational agency may either—(I) distribute grants under this section in amounts determined by the Secretary under clause (i); or(II) use an alternative method approved by the Secretary to distribute the portion of the State’s total grants under this section that is based on those small agencies.
(iv) An alternative method under clause (iii)(II) shall be based on population data that the State educational agency determines best reflect the current distribution of children in poor families among the State’s small local educational agencies that meet the eligibility criteria of subsection (b).
(v) If a small local educational agency is dissatisfied with the determination of its grant by the State educational agency under clause (iii)(II), it may appeal that determination to the Secretary, who shall respond not later than 45 days after receipt of such appeal.
(vi) As used in this subparagraph—(I) the term “large local educational agency” means a local educational agency serving an area with a total population of 20,000 or more; and(II) the term “small local educational agency” means a local educational agency serving an area with a total population of less than 20,000.
(3) Allocations to counties
(A) Calculation
(B) Direct allocations
(C) Allocations to local educational agenciesIf the Secretary approves the State educational agency’s application under subparagraph (B), the State educational agency shall provide the Secretary an assurance that such allocations shall be made—
(i) using precisely the same factors for determining a grant as are used under this subpart; or
(ii) using data that the State educational agency submits to the Secretary for approval that more accurately target poverty.
(D) Appeal
(4) Puerto Rico
(A) In generalFor each fiscal year, the grant that the Commonwealth of Puerto Rico shall be eligible to receive under this section shall be the amount determined by multiplying the number of children counted under subsection (c) for the Commonwealth of Puerto Rico by the product of—
(i) subject to subparagraph (B), the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States; and
(ii) 32 percent of the average per-pupil expenditure in the United States.
(B) Minimum percentageThe percentage in subparagraph (A)(i) shall not be less than—
(i) for fiscal year 2002, 77.5 percent;
(ii) for fiscal year 2003, 80.0 percent;
(iii) for fiscal year 2004, 82.5 percent;
(iv) for fiscal year 2005, 85.0 percent;
(v) for fiscal year 2006, 92.5 percent; and
(vi) for fiscal year 2007 and succeeding fiscal years, 100.0 percent.
(C) LimitationIf the application of subparagraph (B) would result in any of the 50 States or the District of Columbia receiving less under this subpart than it received under this subpart for the preceding fiscal year, the percentage in subparagraph (A) shall be the greater of—
(i) the percentage in subparagraph (A)(i);
(ii) the percentage specified in subparagraph (B) for the preceding fiscal year; or
(iii) the percentage used for the preceding fiscal year.
(b) Minimum number of children to qualifyA local educational agency is eligible for a basic grant under this section for any fiscal year only if the number of children counted under subsection (c) for that agency is both—
(1) 10 or more; and
(2) more than 2 percent of the total school-age population in the agency’s jurisdiction.
(c) Children to be counted
(1) Categories of childrenThe number of children to be counted for purposes of this section is the aggregate of—
(A) the number of children aged 5 to 17, inclusive, in the school district of the local educational agency from families below the poverty level as determined under paragraph (2);
(B) the number of children (determined under paragraph (4) for either the preceding year as described in that paragraph, or for the second preceding year, as the Secretary finds appropriate) aged 5 to 17, inclusive, in the school district of such agency in institutions for neglected and delinquent children (other than such institutions operated by the United States), but not counted pursuant to subpart 1 of part D for the purposes of a grant to a State agency, or being supported in foster homes with public funds; and
(C) the number of children aged 5 to 17, inclusive, in the school district of such agency from families above the poverty level as determined under paragraph (4).
(2) Determination of number of children
(3) Population updates
(A) In general
(B) Inappropriate or unreliable data
(C) Criteria of poverty
(4) Other children to be counted
(A) For the purpose of this section, the Secretary shall determine the number of children aged 5 to 17, inclusive, from families above the poverty level on the basis of the number of such children from families receiving an annual income, in excess of the current criteria of poverty, from payments under a State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.]; and in making such determinations, the Secretary shall use the criteria of poverty used by the Bureau of the Census in compiling the most recent decennial census for a family of four in such form as those criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics.
(B) The Secretary shall determine the number of such children and the number of children aged 5 through 17 living in institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the caseload data for the month of October of the preceding fiscal year (using, in the case of children described in the preceding sentence, the criteria of poverty and the form of such criteria required by such sentence which were determined for the calendar year preceding such month of October) or, to the extent that such data are not available to the Secretary before January of the calendar year in which the Secretary’s determination is made, then on the basis of the most recent reliable data available to the Secretary at the time of such determination.
(C) Except for the data on children living in institutions for neglected or delinquent children, the Secretary of Health and Human Services shall collect and transmit the information required by this subparagraph to the Secretary not later than January 1 of each year.
(D) For the purpose of this section, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children.
(5) Estimate
(d) State minimumNotwithstanding section 6332 of this title, the aggregate amount allotted for all local educational agencies within a State may not be less than the lesser of—
(1) 0.25 percent of the total amount allocated to States under this section for fiscal year 2001, plus 0.35 percent of the total amount allocated to States under this section in excess of the amount allocated for fiscal year 2001; or
(2) the average of—
(A) the amount calculated in paragraph (1), above; and
(B) the number of children in such State counted under subsection (c) in the fiscal year multiplied by 150 percent of the national average per-pupil payment made with funds available under this section for that year.
(Pub. L. 89–10, title I, § 1124, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1516.)
§ 6334. Concentration grants to local educational agencies
(a) Eligibility for and amount of grants
(1) In general
(A) Except as otherwise provided in this paragraph, each local educational agency which is eligible for a grant under section 6333 of this title for any fiscal year is eligible for an additional grant under this section for that fiscal year if the number of children counted under section 6333(c) of this title in the agency exceeds either—
(i) 6,500; or
(ii) 15 percent of the total number of children aged 5 through 17 in the agency.
(B) Notwithstanding section 6332 of this title, no State shall receive less than the lesser of—
(i) 0.25 percent of the total amount allocated to States under this section for fiscal year 2001, plus 0.35 percent of the total amount allocated to States under this section in excess of the amount allocated for fiscal year 2001; or
(ii) the average of—(I) the amount calculated under clause (i); and(II) the greater of—(aa) $340,000; or(bb) the number of children in such State counted for purposes of this section in that fiscal year multiplied by 150 percent of the national average per-pupil payment made with funds available under this section for that year.
(2) DeterminationFor each county or local educational agency eligible to receive an additional grant under this section for any fiscal year, the Secretary shall determine the product of—
(A) the number of children counted under section 6333(c) of this title for that fiscal year; and
(B) the amount in section 6333(a)(1)(B) of this title for each State except the Commonwealth of Puerto Rico, and the amount in section 6333(a)(4) of this title for the Commonwealth of Puerto Rico.
(3) Amount
(4) Local allocations
(A) Grant amounts under this section shall be determined in accordance with section 6333(a)(2), (3), and (4) of this title.
(B) For any fiscal year for which the Secretary allocates funds under this section on the basis of counties, a State may reserve not more than 2 percent of its allocation under this section to make grants to local educational agencies that meet the criteria of paragraph (1)(A)(i) or (ii) and are in ineligible counties that do not meet these criteria.
(b) Small StatesIn any State for which on January 8, 2002, the number of children counted under section 6333(c) of this title is less than 0.25 percent of the number of those children counted for all States, the State educational agency shall allocate funds under this section among the local educational agencies in the State either—
(1) in accordance with paragraphs (2) and (4) of subsection (a); or
(2) based on their respective concentrations and numbers of children counted under section 6333(c) of this title, except that only those local educational agencies with concentrations or numbers of children counted under section 6333(c) of this title that exceed the statewide average percentage of such children or the statewide average number of such children shall receive any funds on the basis of this paragraph.
(Pub. L. 89–10, title I, § 1124A, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1521.)
§ 6335. Targeted grants to local educational agencies
(a) Eligibility of local educational agencies
(1) In generalA local educational agency in a State is eligible to receive a targeted grant under this section for any fiscal year if—
(A) the number of children in the local educational agency counted under section 6333(c) of this title, before application of the weighted child count described in subsection (c), is at least 10; and
(B) if the number of children counted for grants under section 6333(c) of this title, before application of the weighted child count described in subsection (c), is at least 5 percent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency.
(2) Special rule
(b) Grants for local educational agencies, the District of Columbia, and the Commonwealth of Puerto Rico
(1) In generalThe amount of the grant that a local educational agency in a State (other than the Commonwealth of Puerto Rico) is eligible to receive under this section for any fiscal year shall be the product of—
(A) the weighted child count determined under subsection (c); and
(B) the amount determined under section 6333(a)(1)(B) of this title.
(2) Puerto Rico
(c) Weighted child count
(1) Weights for allocations to counties
(A) In general
(B) By percentage of childrenThe amount referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under section 6333(c) of this title for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 1.75;
(iii) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 2.5;
(iv) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 3.25; and
(v) the number of such children who constitute more than 29.20 percent of such population, multiplied by 4.0.
(C) By number of childrenThe amount referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 1.5;
(iii) the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 2.0;
(iv) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 2.5; and
(v) the number of such children in excess of 93,811 in such population, multiplied by 3.0.
(D) Puerto Rico
(2) Weights for allocations to local educational agencies
(A) In general
(B) By percentage of childrenThe amount referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under section 6333(c) of this title for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.75;
(iii) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 2.5;
(iv) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 3.25; and
(v) the number of such children who constitute more than 38.24 percent of such population, multiplied by 4.0.
(C) By number of childrenThe amount referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 1.5;
(iii) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 2.0;
(iv) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 2.5; and
(v) the number of such children in excess of 35,514 in such population, multiplied by 3.0.
(D) Puerto Rico
(d) Calculation of grant amounts
(e) State minimumNotwithstanding any other provision of this section or section 6332 of this title, from the total amount available for any fiscal year to carry out this section, each State shall be allotted at least the lesser of—
(1) 0.35 percent of the total amount available to carry out this section; or
(2) the average of—
(A) 0.35 percent of the total amount available to carry out this section; and
(B) 150 percent of the national average grant under this section per child described in section 6333(c) of this title, without application of a weighting factor, multiplied by the State’s total number of children described in section 6333(c) of this title, without application of a weighting factor.
(Pub. L. 89–10, title I, § 1125, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1522.)
§ 6336. Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001
Pursuant to section 6332 of this title, the total amount allocated in any fiscal year after fiscal year 2001 for programs and activities under this part shall not exceed the amount allocated in fiscal year 2001 for such programs and activities unless the amount available for targeted grants to local educational agencies under section 6335 of this title in the applicable fiscal year meets the requirements of section 6332(a) of this title.
(Pub. L. 89–10, title I, § 1125AA, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1525; amended Pub. L. 114–95, title I, § 1016, Dec. 10, 2015, 129 Stat. 1878.)
§ 6337. Education finance incentive grant program
(a) Grants
(b) Distribution based upon fiscal effort and equity
(1) In general
(A) In generalExcept as provided in subparagraph (B), funds made available for any fiscal year to carry out this section shall be allotted to each State based upon the number of children counted under section 6333(c) of this title in such State multiplied by the product of—
(i) the amount in section 6333(a)(1)(B) of this title for all States other than the Commonwealth of Puerto Rico, except that the amount determined under that subparagraph shall not be less that 34 percent or more than 46 percent of the average per pupil expenditure in the United States, and the amount in section 6333(a)(4) of this title for the Commonwealth of Puerto Rico, except that the amount in section 6333(a)(4)(A)(ii) of this title shall be 34 percent of the average per pupil expenditure in the United States; multiplied by
(ii) such State’s effort factor described in paragraph (2); multiplied by
(iii) 1.30 minus such State’s equity factor described in paragraph (3).
(B) State minimumNotwithstanding any other provision of this section or section 6332 of this title, from the total amount available for any fiscal year to carry out this section, each State shall be allotted at least the lesser of—
(i) 0.35 percent of the total amount reserved under section 6332(a) of this title to carry out this section; or
(ii) the average of—(I) 0.35 percent of the total amount available to carry out this section; and(II) 150 percent of the national average grant under this section per child described in section 6333(c) of this title, without application of a weighting factor, multiplied by the State’s total number of children described in section 6333(c) of this title, without application of a weighting factor.
(2) Effort factor
(A) In general
(B) Commonwealth of Puerto Rico
(3) Equity factor
(A) Determination
(i) In general
(ii) Computation(I) In general(II) Variation(III) Number of pupils(IV) Enrollment requirement
(B) Special rule
(c) Use of funds; eligibility of local educational agenciesAll funds awarded to each State under this section shall be allocated to local educational agencies under the following provisions. Within local educational agencies, funds allocated under this section shall be distributed to schools on a basis consistent with section 6313 of this title, and may only be used to carry out activities under this part. A local educational agency in a State is eligible to receive a targeted grant under this section for any fiscal year if—
(1) the number of children in the local educational agency counted under section 6333(c) of this title, before application of the weighted child count described in paragraph (3),1
1 So in original. This subsec. does not contain a par. (3).
is at least 10; and(2) if the number of children counted for grants under section 6333(c) of this title, before application of the weighted child count described in paragraph (3),1 is at least 5 percent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency.
For any fiscal year for which the Secretary allocates funds under this section on the basis of counties, funds made available as a result of applying this subsection shall be reallocated by the State educational agency to other eligible local educational agencies in the State in proportion to the distribution of other funds under this section.
(d) Allocation of funds to eligible local educational agenciesFunds received by States under this section shall be allocated within States to eligible local educational agencies on the basis of weighted child counts calculated in accordance with paragraph (1), (2), or (3), as appropriate for each State.
(1) States with an equity factor less than .10In States with an equity factor less than .10, the weighted child counts referred to in subsection (d) shall be calculated as follows:
(A) Weights for allocations to counties
(i) In general
(ii) By percentage of childrenThe amount referred to in clause (i) is determined by adding—(I) the number of children determined under section 6333(c) of this title for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;(II) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 1.75;(III) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 2.5;(IV) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 3.25; and(V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 4.0.
(iii) By number of childrenThe amount referred to in clause (i) is determined by adding(I) the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;(II) the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 1.5;(III) the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 2.0;(IV) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 2.5; and(V) the number of such children in excess of 93,811 in such population, multiplied by 3.0.
(B) Weights for allocations to local educational agencies
(i) In general
(ii) By percentage of childrenThe amount referred to in clause (i) is determined by adding—(I) the number of children determined under section 6333(c) of this title for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;(II) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.75;(III) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 2.5;(IV) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 3.25; and(V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 4.0.
(iii) By number of childrenThe amount referred to in clause (i) is determined by adding—(I) the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;(II) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 1.5;(III) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 2.0;(IV) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 2.5; and(V) the number of such children in excess of 35,514 in such population, multiplied by 3.0.
(2) States with an equity factor greater than or equal to .10 and less than .20In States with an equity factor greater than or equal to .10 and less than .20, the weighted child counts referred to in subsection (d) shall be calculated as follows:
(A) Weights for allocations to counties
(i) In general
(ii) By percentage of childrenThe amount referred to in clause (i) is determined by adding—(I) the number of children determined under section 6333(c) of this title for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;(II) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 1.5;(III) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 3.0;(IV) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 4.5; and(V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 6.0.
(iii) By number of childrenThe amount referred to in clause (i) is determined by adding—(I) the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;(II) the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 1.5;(III) the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 2.25;(IV) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 3.375; and(V) the number of such children in excess of 93,811 in such population, multiplied by 4.5.
(B) Weights for allocations to local educational agencies
(i) In general
(ii) By percentage of childrenThe amount referred to in clause (i) is determined by adding—(I) the number of children determined under section 6333(c) of this title for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;(II) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.5;(III) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 3.0;(IV) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 4.5; and(V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 6.0.
(iii) By number of childrenThe amount referred to in clause (i) is determined by adding—(I) the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;(II) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 1.5;(III) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 2.25;(IV) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 3.375; and(V) the number of such children in excess of 35,514 in such population, multiplied by 4.5.
(3) States with an equity factor greater than or equal to .20In States with an equity factor greater than or equal to .20, the weighted child counts referred to in subsection (d) shall be calculated as follows:
(A) Weights for allocations to counties
(i) In general
(ii) By percentage of childrenThe amount referred to in clause (i) is determined by adding—(I) the number of children determined under section 6333(c) of this title for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;(II) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 2.0;(III) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 4.0;(IV) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 6.0; and(V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 8.0.
(iii) By number of childrenThe amount referred to in clause (i) is determined by adding—(I) the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;(II) the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 2.0;(III) the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 3.0;(IV) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 4.5; and(V) the number of such children in excess of 93,811 in such population, multiplied by 6.0.
(B) Weights for allocations to local educational agencies
(i) In general
(ii) By percentage of childrenThe amount referred to in clause (i) is determined by adding—(I) the number of children determined under section 6333(c) of this title for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;(II) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 2.0;(III) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 4.0;(IV) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 6.0; and(V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 8.0.
(iii) By number of childrenThe amount referred to in clause (i) is determined by adding—(I) the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;(II) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 2.0;(III) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 3.0;(IV) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 4.5; and(V) the number of such children in excess of 35,514 in such population, multiplied by 6.0.
(e) Maintenance of effort
(1) In general
(2) Reduction in case of failure to meet
(A) In general
(B) Special rule
(3) WaiverThe Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to—
(A) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or
(B) a precipitous decline in the financial resources of the State.
(f) Adjustments where necessitated by appropriations
(1) In general
(2) Additional funds
(3) Hold-harmless amountsFor each fiscal year, if sufficient funds are available, the amount made available to each local educational agency under this section shall be—
(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted for grants under section 6333 of this title is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency;
(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and
(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent.
(4) Applicability
(Pub. L. 89–10, title I, § 1125A, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1525; amended Pub. L. 114–95, title I, § 1017, Dec. 10, 2015, 129 Stat. 1878.)
§ 6338. Special allocation procedures
(a) Allocations for neglected children
(1) In general
(2) Special rule
(b) Allocations among local educational agencies
The State educational agency may allocate the amounts of grants under sections 6333, 6334, 6335, and 6337 of this title among the affected local educational agencies—
(1) if two or more local educational agencies serve, in whole or in part, the same geographical area;
(2) if a local educational agency provides free public education for children who reside in the school district of another local educational agency; or
(3) to reflect the merger, creation, or change of boundaries of one or more local educational agencies.
(c) Reallocation
(Pub. L. 89–10, title I, § 1126, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1534.)
§ 6339. Carryover and waiver
(a) Limitation on carryover
(b) Waiver
A State educational agency may, once every 3 years, waive the percentage limitation in subsection (a) if—
(1) the agency determines that the request of a local educational agency is reasonable and necessary; or
(2) supplemental appropriations for this subpart become available.
(c) Exclusion
(Pub. L. 89–10, title I, § 1127, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1534.)