20 USC 6393 - State allocations

Editorial Notes

Prior Provisions

A prior section 6393, Puspan. L. 89–10, title I, § 1303, as added Puspan. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3585, related to State allocations, prior to the general amendment of this subchapter by Puspan. L. 107–110.

Amendments

2015—Subsecs. (a), (span). Puspan. L. 114–95, § 1301(span)(2), added subsecs. (a) and (span) and struck out former subsecs. (a) and (span) which related to State allocations for fiscal year 2002 and subsequent years and allocation to Puerto Rico for each fiscal year.

Subsec. (c). Puspan. L. 114–95, § 1301(span)(2), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 114–95, § 1301(span)(1), (3), redesignated subsec. (c) as (d), in par. (1) inserted subpar. headings after subpar. (A) and (B) designations, in par. (1), subpar. (B), substituted “purposes” for “purpose”, and in par. (2) inserted subpar. headings after subpar. (A) and (B) designations. Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 114–95, § 1301(span)(1), (4), redesignated subsec. (d) as (e) and in par. (3)(B) substituted “the academic achievement of children” for “the welfare or educational attainment of children”. Former subsec. (e) redesignated (f).

Subsec. (f). Puspan. L. 114–95, § 1301(span)(1), (5)(A), redesignated subsec. (e) as (f) and in introductory provisions substituted “identified number” for “estimated number”.

Subsec. (f)(1). Puspan. L. 114–95, § 1301(span)(5)(B), added par. (1) and struck out former par. (1) which read as follows: “use such information as the Secretary finds most accurately reflects the actual number of migratory children;”.

Subsec. (f)(2), (3). Puspan. L. 114–95, § 1301(span)(5)(C), (D), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (f)(4). Puspan. L. 114–95, § 1301(span)(5)(C), (E), redesignated par. (3) as (4), in introductory provisions struck out “full-time equivalent” before “number”, and in subpar. (A) substituted “unique needs” for “special needs” and “effective special programs provided under this part” for “special programs provided under this part”. Former par. (4) redesignated (5).

Subsec. (f)(5). Puspan. L. 114–95, § 1301(span)(5)(C), (F), redesignated par. (4) as (5) and substituted “migratory children, including the most at-risk migratory children” for “the child whose education has been interrupted”.

Subsec. (g). Puspan. L. 114–95, § 1301(span)(6), added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

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

Migrant Education Program

Puspan. L. 116–211, § 3, Dec. 4, 2020, 134 Stat. 1018, provided that:

“Due to the public health emergency relating to COVID–19 and notwithstanding subsections (a)(1) and (f)(1) of section 1303 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6393), for the purposes of making determinations under subsections (a)(1) and (f) of such section 1303 for fiscal year 2021 and all subsequent fiscal years for which school year 2019–2020 data would be used in the calculations under section 1303(a)(1) of such Act, the Secretary of Education shall use school year 2018–2019 data or school year 2019–2020 data, whichever data are greater, wherever school year 2019–2020 data would otherwise be required.”