Title 20 — Education
Part D · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools
§ 6432. Allocation of funds
Statutory text
Subgrants to State agencies
In general
Each State agency described in section 6431 of this title (other than an agency in the Commonwealth of Puerto Rico) is eligible to receive a subgrant under this subpart, for each fiscal year, in an amount equal to the product of—
the number of neglected or delinquent children and youth described in section 6431 of this title who—
are enrolled for at least 15 hours per week in education programs in adult correctional institutions; and
are enrolled for at least 20 hours per week—
in education programs in institutions for neglected or delinquent children and youth; or
in community day programs for neglected or delinquent children and youth; and
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, nor more than 48 percent, of the average per-pupil expenditure in the United States.
Special rule
The number of neglected or delinquent children and youth determined under paragraph (1) shall—
be determined by the State agency by a deadline set by the Secretary, except that no State agency shall be required to determine the number of such children and youth on a specific date set by the Secretary; and
be adjusted, as the Secretary determines is appropriate, to reflect the relative length of such agency’s annual programs.
Subgrants to State agencies in Puerto Rico
In general
For each fiscal year, the amount of the subgrant which a State agency in the Commonwealth of Puerto Rico shall be eligible to receive under this subpart shall be the amount determined by multiplying the number of children counted under subsection (a)(1)(A) for the Commonwealth of Puerto Rico by the product of—
the percentage which 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
32 percent of the average per-pupil expenditure in the United States.
Minimum percentage
The percentage in paragraph (1)(A) shall not be less than 85 percent.
Limitation
If the application of paragraph (2) 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, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of—
the percentage in paragraph (1)(A) for such fiscal year; or
the percentage used for the preceding fiscal year.
Ratable reductions in case of insufficient appropriations
If the amount appropriated for any fiscal year for subgrants under subsections (a) and (b) is insufficient to pay the full amount for which all State agencies are eligible under such subsections, the Secretary shall ratably reduce each such amount.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Elementary and Secondary Education Act of 1965
Pub. L. 89–10 title I § 1412 · 79 Stat. 27
Enacted · 20 U.S.C. § 6432
Pub. L. 89–10, title I, § 1412, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1581
Source evidence
Code source credit
Pub. L. 89–10, title I, § 1412, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1581Every Student Succeeds Act
Pub. L. 114–95 title I § 1401(2) · 129 Stat. 1802
Added · 20 U.S.C. § 6432(b)(2)
Pub. L. 114–95 added par. (2)
Struck · 20 U.S.C. § 6432(b)(2)
Pub. L. 114–95 struck out former par. (2) which related to minimum percentage for fiscal year 2002, fiscal year 2003, fiscal year 2004, and fiscal year 2005 and succeeding fiscal years
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 114–95 added par. (2) and struck out former par. (2) which related to minimum percentage for fiscal year 2002, fiscal year 2003, fiscal year 2004, and fiscal year 2005 and succeeding fiscal years.Enacted provision · exact public law section
(2) in section 1412(b), 20 USC 6432. by striking paragraph (2) and inserting the following: “(2) Minimum percentage.— The percentage in paragraph (1)(A) shall not be less than 85 percent.” ;Effective date note
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.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
A prior section 6432, Pub. L. 89–10, title I, § 1412, as added Pub. L. 103–382, title I, § 101, , 108 Stat. 3592, related to allocation of funds, prior to the general amendment of this subchapter by Pub. L. 107–110.
Amendments
2015—Subsec. (b)(2). Pub. L. 114–95 added par. (2) and struck out former par. (2) which related to minimum percentage for fiscal year 2002, fiscal year 2003, fiscal year 2004, and fiscal year 2005 and succeeding fiscal years.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–95 effective , 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.
Credits
2002–2015 · 2 acts
- 2002Pub. L. 89–10, title I, § 1412, as added Pub. L. 107–110, title I, § 101, , 115 Stat. 1581
- 2015amended Pub. L. 114–95, title I, § 1401(2), , 129 Stat. 1900.
Show as published
(Pub. L. 89–10, title I, § 1412, as added Pub. L. 107–110, title I, § 101, , 115 Stat. 1581; amended Pub. L. 114–95, title I, § 1401(2), , 129 Stat. 1900.)