§6432 Allocation of Funds

Summary

States (except Puerto Rico) may get a yearly subgrant. The grant equals the number of neglected or delinquent children and youth who meet the hours rule times a per-student dollar amount. A student counts if they are in adult correctional education at least 15 hours per week, or in youth institutions or community day programs at least 20 hours per week. The per-student dollar is 40% of the State’s average per-pupil spending, but that dollar amount cannot be less than 32% or more than 48% of the U.S. average per-pupil spending. Each State must count its students by a deadline the Secretary sets, but the Secretary cannot force a single specific date and may adjust counts for program length. Puerto Rico gets a different formula. Its grant equals its counted students multiplied by (Puerto Rico’s per-pupil spending as a percent of the lowest State per-pupil spending) and by 32% of the U.S. average per-pupil spending. That percent cannot be less than 85%. If applying that rule would make any State or the District of Columbia get less than they got last year, then Puerto Rico’s percent for that year must be the larger of the calculated percent or last year’s percent. If Congress does not appropriate enough money, the Secretary must reduce every State’s grant by the same proportion.