20 U.S.C. § 6332 — Allocations to States

Page 1370 TITLE 20—EDUCATION § 6332 relating to reservation of one percent of funds for as- sistance to outlying areas and the Secretary of the In- terior, grants to outlying areas, definitions, and allot- ment to the Secretary of the Interior to meet special educational needs of Indian children. 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 pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 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 ac- cordance 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 ac- cordance 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 determina- tion is made exceeds the total amount avail- able 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 sec- tions 6335 and 6337 of this title. (b) Adjustments where necessitated by appro- priations (1) In general If the sums available under this subpart for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive under sections 6333, 6334, and 6335 of this title for such year, the Secretary shall ratably reduce the alloca- tions to such local educational agencies, sub- ject to subsections (c) and (d) of this section. (2) Additional funds If additional funds become available for making payments under sections 6333, 6334, and 6335 of this title for such fiscal year, allo- cations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced. (c) Hold-harmless amounts (1) Amounts for sections 6333, 6334, and 6335 For each fiscal year, the amount made avail- able 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 chil- dren 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 If sufficient funds are appropriated, the amounts described in paragraph (1) shall be paid to all local educational agencies that re- ceived grants under section 6334 of this title for the preceding fiscal year, regardless of whether the local educational agency meets the minimum eligibility criteria for that fis- cal year described in section 6334(a)(1)(A) of this title except that a local educational agen- cy that does not meet such minimum eligi- bility criteria for 4 consecutive years shall no longer be eligible to receive a hold harmless amount referred to in paragraph (1). (3) Applicability Notwithstanding any other provision of law, the Secretary shall not take into consider- ation the hold-harmless provisions of this sub- section for any fiscal year for purposes of cal- culating State or local allocations for the fis- cal year under any program administered by the Secretary other than a program author- ized under this part. (4) Population data For any fiscal year for which the Secretary calculates grants on the basis of population data for counties, the Secretary shall apply the hold-harmless percentages in paragraphs (1) and (2) to counties and, if the Secretary’s allocation for a county is not sufficient to meet the hold-harmless requirements of this subsection for every local educational agency within that county, the State educational agency shall reallocate funds proportionately from all other local educational agencies in the State that are receiving funds in excess of the hold-harmless amounts specified in this subsection. (d) Ratable reductions (1) In general If the sums made available under this sub- part for any fiscal year are insufficient to pay the full amounts that local educational agen- cies in all States are eligible to receive under subsection (c) for such year, the Secretary shall ratably reduce such amounts for such year. (2) Additional funds If additional funds become available for making payments under subsection (c) for such fiscal year, amounts that were reduced under paragraph (1) shall be increased on the same basis as such amounts were reduced. (e) Definition For the purpose of this section and sections 6333, 6334, 6335, and 6337 of this title, the term ‘‘State’’ means each of the 50 States, the Dis- trict of Columbia, and the Commonwealth of Puerto Rico. Page 1371 TITLE 20—EDUCATION § 6333 (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.) Editorial Notes PRIOR PROVISIONS A prior section 6332, Pub. L. 89–10, title I, § 1122, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3562, related to allocations to States, prior to the gen- eral amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 1015(1), substituted ‘‘2017–2020’’ for ‘‘2002–2007’’ in introductory provisions. Subsec. (a)(3). Pub. L. 114–95, § 1015(2), added par. (3) and struck out former par. (3) which read as follows: ‘‘an amount equal to 100 percent of the amount, if any, by which the amount made available to carry out sec- tions 6333, 6334, and 6335 of this title for the current fis- cal year for which the determination is made exceeds the amount available to carry out sections 6333 and 6334 of this title for fiscal year 2001 shall be allocated in ac- cordance with section 6335 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 pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6333. Basic grants to local educational agencies (a) Amount of grants (1) Grants for local educational agencies and Puerto Rico Except 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 de- termined by multiplying— (A) the number of children counted under subsection (c); and (B) 40 percent of the average per-pupil ex- penditure 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 ex- penditure in the United States. (2) Calculation of grants (A) Allocations to local educational agencies The 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 Sec- retary and the Secretary of Commerce deter- mine that some or all of those data are unre- liable or that their use would be otherwise inappropriate, in which case— (i) the two Secretaries shall publicly dis- close the reasons for their determination in detail; and (ii) paragraph (3) shall apply. (B) Allocations to large and small local edu- cational agencies (i) For any fiscal year to which this para- graph applies, the Secretary shall calculate grants under this section for each local edu- cational agency. (ii) The amount of a grant under this sec- tion 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 sec- tion 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 deter- mines 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 deter- mination to the Secretary, who shall re- spond 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 For any fiscal year to which this para- graph applies, the Secretary shall calculate grants under this section on the basis of the number of children counted under subsection (c) for counties, and State educational agen- cies shall suballocate county amounts to local educational agencies, in accordance with regulations issued by the Secretary. (B) Direct allocations In any State in which a large number of local educational agencies overlap county boundaries, or for which the State believes it has data that would better target funds than allocating them by county, the State educational agency may apply to the Sec- retary for authority to make the allocations under this subpart for a particular fiscal year directly to local educational agencies without regard to counties. (C) Allocations to local educational agencies If the Secretary approves the State edu- cational agency’s application under subpara- graph (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 edu- cational agency submits to the Secretary