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§6332 Allocations to States

Title 20 › CHAPTER 70 — STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › SUBCHAPTER I — IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED › Part A — Improving Basic Programs Operated by Local Educational Agencies › subpart 2 — allocations › § 6332

Last updated Sep 22, 2026|Official source

Summary

Divides each year’s grant money for fiscal years 2017–2020 among the programs named in the law. For those years, the same dollar amounts that were used in fiscal year 2001 for the programs under sections 6333 and 6334 are kept and allocated the same way. Any extra money above those 2001 totals goes to the programs under sections 6335 and 6337, and that extra is split evenly between those two programs. If there is not enough money to pay every local educational agency (LEA) the full amount it would be owed, the Secretary must cut each LEA’s payment by the same percentage. If more money later becomes available, those cuts are reversed on the same basis. Each LEA is protected by a “hold-harmless” rule: yearly payments under sections 6333, 6334, and 6335 cannot fall below 95%, 90%, or 85% of the prior year’s amount, depending on how large the counted child population is (95% if at least 30% of children are counted, 90% if 15–30%, 85% if under 15%). If enough funds exist, LEAs that got a 6334 grant last year must be paid these hold-harmless amounts even if they no longer meet the normal minimum rules, but an LEA that fails to meet minimum rules for four straight years loses that protection. When grants are based on county population, the hold-harmless rules apply at the county level, and if a county’s total is too small, the State must reallocate money from other LEAs in the State that are above their hold-harmless amounts. For this part of the law, “State” means the 50 States, the District of Columbia, and Puerto Rico.

Title 20, §6332

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(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 accordance 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 accordance 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 determination is made exceeds the total amount available to carry out section 6333 and 6334 of this title for fiscal year 2001 shall be used to carry out section 6335 and 6337 of this title and such amount shall be divided equally between section 6335 and 6337 of this title.

(b)Adjustments where necessitated by appropriations

(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 section 6333, 6334, and 6335 of this title for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to subsections (c) and (d) of this section.

(2)Additional funds

If additional funds become available for making payments under section 6333, 6334, and 6335 of this title for such fiscal year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced.

(c)Hold-harmless amounts

(1)Amounts for section 6333, 6334, and 6335

For each fiscal year, the amount made available to each local educational agency under each of section 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 children 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 received 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 fiscal year described in section 6334(a)(1)(A) of this title except that a local educational agency that does not meet such minimum eligibility 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 consideration the hold-harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by the Secretary other than a program authorized 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 subpart for any fiscal year are insufficient to pay the full amounts that local educational agencies 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 section 6333, 6334, 6335, and 6337 of this title, the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

Notes & Related Subsidiaries

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 general 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 section 6333, 6334, and 6335 of this title for the current fiscal year for which the determination is made exceeds the amount available to carry out section 6333 and 6334 of this title for fiscal year 2001 shall be allocated in accordance with section 6335 of this title.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment 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.