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Title 20 — EducationRelease 119-73

§7113 Formula grants to States

Title 20 › Chapter CHAPTER 70— - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › Subchapter SUBCHAPTER IV— - 21ST CENTURY SCHOOLS › Part Part A— - Student Support and Academic Enrichment Grants › Subpart subpart 1— - student support and academic enrichment grants › § 7113

Last updated Apr 6, 2026|Official source

Summary

From the total money set aside under section 7122 each year, the Secretary must reserve 0.5% for the outlying areas (shared by need), 0.5% for the Secretary of the Interior to use in Bureau of Indian Education schools, and 2% for technical assistance and building state capacity. The rest is divided among States with approved plans based on the share each State received under subpart 2 of part A of subchapter I in the previous year. No State may get less than 0.5% of that divided amount, and Puerto Rico may not receive more than 0.5%. If a State does not receive its allotment, that money is reallocated to the other States the same way. To receive its share, a State must send a plan when and how the Secretary requires. The plan must say how the State will use funds at the State level, explain how it will make sure local awards follow section 7115(a)(2), and promise to review and coordinate existing programs, monitor and help local agencies, and ensure fair access for all students while following other Federal laws.

Full Legal Text

Title 20, §7113

Education — Source: USLM XML via OLRC

(a)From the total amount appropriated under section 7122 of this title for a fiscal year, the Secretary shall reserve—
(1)one-half of 1 percent for allotments for payments to the outlying areas, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this subpart;
(2)one-half of 1 percent for the Secretary of the Interior for programs under this subpart in schools operated or funded by the Bureau of Indian Education; and
(3)2 percent for technical assistance and capacity building.
(b)(1)(A)Subject to subparagraphs (B) and (C), from the amount appropriated to carry out this subpart that remains after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State having a plan approved under subsection (c), an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of subchapter I for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year.
(B)No State receiving an allotment under this paragraph shall receive less than one-half of 1 percent of the total amount allotted under this paragraph.
(C)The amount allotted under this paragraph to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under this paragraph.
(2)If a State does not receive an allotment under this subpart for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this subsection.
(c)(1)In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require.
(2)Each plan submitted by a State under this section shall include the following:
(A)A description of how the State educational agency will use funds received under this subpart for State-level activities.
(B)A description of how the State educational agency will ensure that awards made to local educational agencies under this subpart are in amounts that are consistent with section 7115(a)(2) of this title.
(C)Assurances that the State educational agency will—
(i)review existing resources and programs across the State and will coordinate any new plans and resources under this subpart with such existing resources and programs;
(ii)monitor the implementation of activities under this subpart and provide technical assistance to local educational agencies in carrying out such activities; and
(iii)provide for equitable access for all students to the activities supported under this subpart, including aligning those activities with the requirements of other Federal laws.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 7113, Pub. L. 89–10, title IV, § 4113, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1739, related to State application to receive allotment, prior to the general amendment of this subpart by Pub. L. 114–95. Another prior section 7113, Pub. L. 89–10, title IV, § 4113, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3677, related to State and local educational agency programs, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 4103 of Pub. L. 89–10 was classified to section 3063 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 an

Effective Date

of 2015 Amendment note under section 6301 of this title.

Reference

Citations & Metadata

Citation

20 U.S.C. § 7113

Title 20 — Education

Last Updated

Apr 6, 2026

Release point: 119-73