§6337 — Title 20 Education | U.S. Code

§6337 Education Finance Incentive Grant Program

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 › § 6337

Last updated Apr 5, 2026|Official source

Summary

The Secretary gives grants to States from money set aside for this program. Each State’s share is based on the number of children counted under the law, multiplied by a per-child amount, a state “effort” number, and a factor that reduces money if the State has big spending differences between local school districts. The per-child amount comes from another part of the law and is limited so it is between 34 percent and 46 percent of the U.S. average per-pupil spending (Puerto Rico’s per-child amount is set at 34 percent). Every State is guaranteed at least the smaller of 0.35 percent of the total funds or a calculated minimum that mixes 0.35 percent and 150 percent of the national average grant per child. The effort number is made from 3-year averages of per-pupil spending and per-capita income and is kept between 0.95 and 1.05 (Puerto Rico uses the lowest such number). The equity number measures how unequal local per-pupil spending is. It is worked out using a weighted statistical measure that counts only districts with more than 200 students, and the pupil counts are multiplied by 1.4 for that calculation. If a State meets certain disparity tests or has only one local district, its equity factor is no greater than 0.10. States must pass the money to eligible local educational agencies (LEAs) and then to schools, and the funds can only be used for the program’s activities. An LEA can get a targeted grant if it has at least 10 counted children and those children make up at least 5 percent of the LEA’s population aged 5–17. Money to LEAs is based on a “weighted child count.” Which weights are used depends on the State’s equity factor (three categories: less than .10, .10–.20, or .20 and up). For each LEA or county, the State uses the larger of two formulas (one based on percentage bands of the child population, the other on absolute child-count bands); higher concentrations or bigger counts get larger weights. A State gets its full allotment only if its recent spending effort meets a 90 percent test versus two years earlier; repeated failures lead to proportional cuts, though the Secretary can waive the test for disasters or sharp financial declines. If available funds are too small, allocations to LEAs are cut pro rata and later increased if more money appears. If funds are sufficient, each LEA gets at least 95 percent, 90 percent, or 85 percent of the prior year’s amount depending on whether its counted children are at least 30 percent, between 15–30 percent, or below 15 percent of its 5–17 population. The hold-harmless rules do not affect allocations for other programs.

Title 20, §6337

Education — Source: USLM XML via OLRC

(a)From funds made available under section 6332(a) of this title the Secretary is authorized to make grants to States, from allotments under subsection (b), to carry out the programs and activities of this part.

(b)(1)(A)Except as provided in subparagraph (B), funds made available for any fiscal year to carry out this section shall be allotted to each State based upon the number of children counted under section 6333(c) of this title in such State multiplied by the product of—

(i)the amount in section 6333(a)(1)(B) of this title for all States other than the Commonwealth of Puerto Rico, except that the amount determined under that subparagraph shall not be less that 34 percent or more than 46 percent of the average per pupil expenditure in the United States, and the amount in section 6333(a)(4) of this title for the Commonwealth of Puerto Rico, except that the amount in section 6333(a)(4)(A)(ii) of this title shall be 34 percent of the average per pupil expenditure in the United States; multiplied by

(ii)such State’s effort factor described in paragraph (2); multiplied by

(iii)1.30 minus such State’s equity factor described in paragraph (3).

(B)Notwithstanding any other provision of this section or section 6332 of this title, from the total amount available for any fiscal year to carry out this section, each State shall be allotted at least the lesser of—

(i)0.35 percent of the total amount reserved under section 6332(a) of this title to carry out this section; or

(ii)the average of—

(I)0.35 percent of the total amount available to carry out this section; and

(II)150 percent of the national average grant under this section per child described in section 6333(c) of this title, without application of a weighting factor, multiplied by the State’s total number of children described in section 6333(c) of this title, without application of a weighting factor.

(2)(A)Except as provided in subparagraph (B), the effort factor for a State shall be determined in accordance with the succeeding sentence, except that such factor shall not be less than 0.95 nor greater than 1.05. The effort factor determined under this sentence shall be a fraction the numerator of which is the product of the 3-year average per-pupil expenditure in the State multiplied by the 3-year average per capita income in the United States and the denominator of which is the product of the 3-year average per capita income in such State multiplied by the 3-year average per-pupil expenditure in the United States.

(B)The effort factor for the Commonwealth of Puerto Rico shall be equal to the lowest effort factor calculated under subparagraph (A) for any State.

(3)(A)(i)Except as provided in subparagraph (B), the Secretary shall determine the equity factor under this section for each State in accordance with clause (ii).

(ii)(I)For each State, the Secretary shall compute a weighted coefficient of variation for the per-pupil expenditures of local educational agencies in accordance with subclauses (II), (III), and (IV).

(II)In computing coefficients of variation, the Secretary shall weigh the variation between per-pupil expenditures in each local educational agency and the average per-pupil expenditures in the State according to the number of pupils served by the local educational agency.

(III)In determining the number of pupils under this paragraph served by each local educational agency and in each State, the Secretary shall multiply the number of children counted under section 6333(c) of this title by a factor of 1.4.

(IV)In computing coefficients of variation, the Secretary shall include only those local educational agencies with an enrollment of more than 200 students.

(B)The equity factor for a State that meets the disparity standard described in section 222.162 of title 34, Code of Federal Regulations (as such section was in effect on the day preceding January 8, 2002) or a State with only one local educational agency shall be not greater than 0.10.

(c)All funds awarded to each State under this section shall be allocated to local educational agencies under the following provisions. Within local educational agencies, funds allocated under this section shall be distributed to schools on a basis consistent with section 6313 of this title, and may only be used to carry out activities under this part. A local educational agency in a State is eligible to receive a targeted grant under this section for any fiscal year if—

(1)the number of children in the local educational agency counted under section 6333(c) of this title, before application of the weighted child count described in paragraph (3),11 So in original. This subsec. does not contain a par. (3). is at least 10; and

(2)if the number of children counted for grants under section 6333(c) of this title, before application of the weighted child count described in paragraph (3),1 is at least 5 percent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency.

(d)Funds received by States under this section shall be allocated within States to eligible local educational agencies on the basis of weighted child counts calculated in accordance with paragraph (1), (2), or (3), as appropriate for each State.

(1)In States with an equity factor less than .10, the weighted child counts referred to in subsection (d) shall be calculated as follows:

(A)(i)For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count used to determine a county’s allocation under this section is the larger of the two amounts determined under clauses (ii) and (iii).

(ii)The amount referred to in clause (i) is determined by adding—

(I)the number of children determined under section 6333(c) of this title for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;

(II)the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 1.75;

(III)the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 2.5;

(IV)the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 3.25; and

(V)the number of such children who constitute more than 29.20 percent of such population, multiplied by 4.0.

(iii)The amount referred to in clause (i) is determined by adding

(I)the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;

(II)the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 1.5;

(III)the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 2.0;

(IV)the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 2.5; and

(V)the number of such children in excess of 93,811 in such population, multiplied by 3.0.

(B)(i)For each fiscal year for which the Secretary uses local educational agency data, the weighted child count used to determine a local educational agency’s grant under this section is the larger of the two amounts determined under clauses (ii) and (iii).

(ii)The amount referred to in clause (i) is determined by adding—

(I)the number of children determined under section 6333(c) of this title for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;

(II)the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.75;

(III)the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 2.5;

(IV)the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 3.25; and

(V)the number of such children who constitute more than 38.24 percent of such population, multiplied by 4.0.

(iii)The amount referred to in clause (i) is determined by adding—

(I)the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;

(II)the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 1.5;

(III)the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 2.0;

(IV)the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 2.5; and

(V)the number of such children in excess of 35,514 in such population, multiplied by 3.0.

(2)In States with an equity factor greater than or equal to .10 and less than .20, the weighted child counts referred to in subsection (d) shall be calculated as follows:

(ii)The amount referred to in clause (i) is determined by adding—

(II)the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 1.5;

(III)the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 3.0;

(IV)the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 4.5; and

(V)the number of such children who constitute more than 29.20 percent of such population, multiplied by 6.0.

(iii)The amount referred to in clause (i) is determined by adding—

(I)the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;

(II)the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 1.5;

(III)the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 2.25;

(IV)the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 3.375; and

(V)the number of such children in excess of 93,811 in such population, multiplied by 4.5.

(ii)The amount referred to in clause (i) is determined by adding—

(II)the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.5;

(III)the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 3.0;

(IV)the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 4.5; and

(V)the number of such children who constitute more than 38.24 percent of such population, multiplied by 6.0.

(iii)The amount referred to in clause (i) is determined by adding—

(I)the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;

(II)the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 1.5;

(III)the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 2.25;

(IV)the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 3.375; and

(V)the number of such children in excess of 35,514 in such population, multiplied by 4.5.

(3)In States with an equity factor greater than or equal to .20, the weighted child counts referred to in subsection (d) shall be calculated as follows:

(ii)The amount referred to in clause (i) is determined by adding—

(II)the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 2.0;

(III)the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 4.0;

(IV)the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 6.0; and

(V)the number of such children who constitute more than 29.20 percent of such population, multiplied by 8.0.

(iii)The amount referred to in clause (i) is determined by adding—

(I)the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;

(II)the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 2.0;

(III)the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 3.0;

(IV)the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 4.5; and

(V)the number of such children in excess of 93,811 in such population, multiplied by 6.0.

(ii)The amount referred to in clause (i) is determined by adding—

(II)the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 2.0;

(III)the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 4.0;

(IV)the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 6.0; and

(V)the number of such children who constitute more than 38.24 percent of such population, multiplied by 8.0.

(iii)The amount referred to in clause (i) is determined by adding—

(I)the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;

(II)the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 2.0;

(III)the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 3.0;

(IV)the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 4.5; and

(V)the number of such children in excess of 35,514 in such population, multiplied by 6.0.

(e)(1)A State is entitled to receive its full allotment of funds under this section for any fiscal year if the Secretary finds that the State’s fiscal effort per student or the aggregate expenditures of the State with respect to the provision of free public education by the State for the preceding fiscal year was not less than 90 percent of the fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of paragraph (2).

(2)(A)The Secretary shall reduce the amount of the allotment of funds under this section for any fiscal year in the exact proportion by which a State fails to meet the requirement of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), if such State has also failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years.

(B)No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years.

(3)The Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to—

(A)exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or

(B)a precipitous decline in the financial resources of the State.

(f)(1)If the sums available under this section for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive to carry out this section for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to paragraphs (2) and (3).

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

(3)For each fiscal year, if sufficient funds are available, the amount made available to each local educational agency under this section 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.

(4)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6337, Pub. L. 89–10, title I, § 1126, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3577, related to special allocation procedures, prior to the general amendment of this subchapter by Pub. L. 107–110. See section 6338 of this title. A prior section 1125A of Pub. L. 89–10 was classified to section 6336 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Subsec. (a). Pub. L. 114–95, § 1017(1), substituted “funds made available under section 6332(a) of this title” for “funds appropriated under subsection (f) of this section”. Subsec. (b)(1)(A). Pub. L. 114–95, § 1017(2)(A), substituted “funds made available for any fiscal year to carry out this section” for “funds appropriated pursuant to subsection (f) of this section” in introductory provisions. Subsec. (b)(1)(B)(i). Pub. L. 114–95, § 1017(2)(B), substituted “the total amount reserved under section 6332(a) of this title to carry out this section” for “total appropriations”. Subsec. (c). Pub. L. 114–95, § 1017(3), redesignated pars. (A) and (B) as (1) and (2), respectively. Subsec. (d)(1)(A)(ii). Pub. L. 114–95, § 1017(4), struck out opening quotation marks before “(i)” in introductory provisions. Subsec. (e). Pub. L. 114–95, § 1017(5), added subsec. (e) and struck out former subsec. (e) which related to general rule for full allotment of funds, reduction of funds in any fiscal year where State fails to meet requirements, and equitable waiver of requirements for 1 fiscal year only. Subsec. (f). Pub. L. 114–95, § 1017(6), (7), redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and for each of the 5 succeeding fiscal years.” Subsec. (f)(1). Pub. L. 114–95, § 1017(8)(A), substituted “to carry out this section” for “under this section”. Subsec. (f)(3). Pub. L. 114–95, § 1017(8)(B), substituted “shall be—” for “shall be” in introductory provisions. Subsec. (g). Pub. L. 114–95, § 1017(7), redesignated subsec. (g) as (f).

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.

§6337 Education Finance Incentive Grant Program

Summary

Title 20, §6337

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata