Title 20 — Education

Part A · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools

§ 6824. Within-State allocations

Statutory text

In general

After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 6821(c)(2) of this title shall award subgrants for a fiscal year by allocating in a timely manner to each eligible entity in the State having a plan approved under section 6826 of this title an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in schools served by the eligible entity bears to the population of English learners in schools served by all eligible entities in the State.

Limitation

A State educational agency shall not award a subgrant from an allocation made under subsection (a) if the amount of such subgrant would be less than $10,000.

Reallocation

Whenever a State educational agency determines that an amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, to other eligible entities in the State that the agency determines will use the amount to carry out that purpose.

Required reservation

A State educational agency receiving a grant under this subpart for a fiscal year—

shall reserve not more than 15 percent of the agency’s allotment under section 6821(c)(2) of this title to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal years, in the percentage or number of immigrant children and youth, who have enrolled, during the fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and

in awarding subgrants under paragraph (1)—

shall equally consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth; and

shall consider the quality of each local plan under section 6826 of this title and ensure that each subgrant is of sufficient size and scope to meet the purposes of this part.

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.

2002
Elementary and Secondary Education Act of 1965
Pub. L. 89–10 title III § 3114 · 79 Stat. 27
Enacted · 20 U.S.C. § 6824
Pub. L. 89–10, title III, § 3114, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1696
Source evidence
Code source credit
Pub. L. 89–10, title III, § 3114, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1696
2015
Every Student Succeeds Act
Pub. L. 114–95 § 3003(e)(1) · 129 Stat. 1802
1. Added · 20 U.S.C. § 6824(a)
  Pub. L. 114–95, § 3003(e)(1), added subsec. (a)
2. Struck · 20 U.S.C. § 6824(a)
  Pub. L. 114–95, § 3003(e)(1), struck out former subsec. (a). Prior to amendment, text read as follows: “After making the reservation required under subsection (d)(1) of this section, each State educational agency receiving a grant under section 6821(c)(3) of this title shall award subgrants for a fiscal year by allocating to each eligible entity in the State having a plan approved under section 6826 of this title an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of limited English proficient children in schools served by the eligible entity bears to the population of limited English proficient children in schools served by all eligible entities in the State.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–95, § 3003(e)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “After making the reservation required under subsection (d)(1) of this section, each State educational agency receiving a grant under section 6821(c)(3) of this title shall award subgrants for a fiscal year by allocating to each eligible entity in the State having a plan approved under section 6826 of this title an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of limited English proficient children in schools served by the eligible entity bears to the population of limited English proficient children in schools served by all eligible entities in the State.”
Enacted provision · exact public law section
(1) by striking subsection (a) and inserting the following: “(a) In General.— After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 3111(c)(2) shall award subgrants for a fiscal year by allocating in a timely manner to each eligible entity in the State having a plan approved under section 3116 an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in schools served by the eligible entity bears to the population of English learners in schools served by all eligible entities in the State.” ; and
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.
2015
Every Student Succeeds Act
Pub. L. 114–95 § 3003(e)(2) · 129 Stat. 1802
1. Substituted · 20 U.S.C. § 6824(d)(1)
  Pub. L. 114–95, § 3003(e)(2), substituted “section 6821(c)(2)” for “section 6821(c)(3)”
2. Struck · 20 U.S.C. § 6824(d)(1)
  Pub. L. 114–95, § 3003(e)(2), struck out “preceding the fiscal year” before “for which the subgrant is made”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 114–95, § 3003(e)(2), substituted “section 6821(c)(2)” for “section 6821(c)(3)” and struck out “preceding the fiscal year” before “for which the subgrant is made”.
Enacted provision · exact public law section
(2) in subsection (d)(1)— (A) by striking “section 3111(c)(3)” and inserting “section 3111(c)(2)”; and (B) by striking “preceding the fiscal year”.
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.

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 3114 of Pub. L. 89–10 was classified to section 6814 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Subsec. (a). Pub. L. 114–95, § 3003(e)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “After making the reservation required under subsection (d)(1) of this section, each State educational agency receiving a grant under section 6821(c)(3) of this title shall award subgrants for a fiscal year by allocating to each eligible entity in the State having a plan approved under section 6826 of this title an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of limited English proficient children in schools served by the eligible entity bears to the population of limited English proficient children in schools served by all eligible entities in the State.”

Subsec. (d)(1). Pub. L. 114–95, § 3003(e)(2), substituted “section 6821(c)(2)” for “section 6821(c)(3)” and struck out “preceding the fiscal year” before “for which the subgrant is made”.

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 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 III, § 3114, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1696
2015amended Pub. L. 114–95, title III, § 3003(e), Dec. 10, 2015, 129 Stat. 1958.

Show as published

(Pub. L. 89–10, title III, § 3114, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1696; amended Pub. L. 114–95, title III, § 3003(e), Dec. 10, 2015, 129 Stat. 1958.)