§6432 — Title 20 Education | U.S. Code

§6432 Allocation of Funds

Title 20 › Chapter 70— STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › Subchapter I— IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED › Part D— Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk › Subpart 1— state agency programs › § 6432

Last updated Apr 5, 2026|Official source

Summary

Each State agency (except Puerto Rico) gets a yearly subgrant based on how many neglected or delinquent children and youth it serves who meet the weekly class-hour rules. Youth in adult correctional education must be in class at least 15 hours a week. Youth in institutions for neglected or delinquent children or in community day programs must be in class at least 20 hours a week. The money per student is 40% of the State’s average per-pupil spending, but that per-student amount cannot be less than 32% or more than 48% of the United States’ average per-pupil spending. The State must report the student count by a deadline the Secretary sets, though the Secretary cannot force one exact counting date, and the Secretary can adjust counts for program length. Puerto Rico’s yearly grant is its counted students multiplied by a fraction based on Puerto Rico’s average per-pupil spending compared to the lowest State, and then multiplied by 32% of the U.S. average per-pupil spending. That fraction cannot be less than 85%. If using that rule would cause any State or the District of Columbia to get less money than they got the year before, Puerto Rico’s fraction used must be the larger of the current or prior year’s fraction. If Congress does not appropriate enough money to pay all eligible amounts, the Secretary must reduce each State’s grant proportionally.

Title 20, §6432

Education — Source: USLM XML via OLRC

(a)(1)Each State agency described in section 6431 of this title (other than an agency in the Commonwealth of Puerto Rico) is eligible to receive a subgrant under this subpart, for each fiscal year, in an amount equal to the product of—

(A)the number of neglected or delinquent children and youth described in section 6431 of this title who—

(i)are enrolled for at least 15 hours per week in education programs in adult correctional institutions; and

(ii)are enrolled for at least 20 hours per week—

(I)in education programs in institutions for neglected or delinquent children and youth; or

(II)in community day programs for neglected or delinquent children and youth; and

(B)40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States.

(2)The number of neglected or delinquent children and youth determined under paragraph (1) shall—

(A)be determined by the State agency by a deadline set by the Secretary, except that no State agency shall be required to determine the number of such children and youth on a specific date set by the Secretary; and

(B)be adjusted, as the Secretary determines is appropriate, to reflect the relative length of such agency’s annual programs.

(b)(1)For each fiscal year, the amount of the subgrant which a State agency in the Commonwealth of Puerto Rico shall be eligible to receive under this subpart shall be the amount determined by multiplying the number of children counted under subsection (a)(1)(A) for the Commonwealth of Puerto Rico by the product of—

(A)the percentage which the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States; and

(B)32 percent of the average per-pupil expenditure in the United States.

(2)The percentage in paragraph (1)(A) shall not be less than 85 percent.

(3)If the application of paragraph (2) would result in any of the 50 States or the District of Columbia receiving less under this subpart than it received under this subpart for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of—

(A)the percentage in paragraph (1)(A) for such fiscal year; or

(B)the percentage used for the preceding fiscal year.

(c)If the amount appropriated for any fiscal year for subgrants under subsections (a) and (b) is insufficient to pay the full amount for which all State agencies are eligible under such subsections, the Secretary shall ratably reduce each such amount.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6432, Pub. L. 89–10, title I, § 1412, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3592, related to allocation of funds, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Subsec. (b)(2). Pub. L. 114–95 added par. (2) and struck out former par. (2) which related to minimum percentage for fiscal year 2002, fiscal year 2003, fiscal year 2004, and fiscal year 2005 and succeeding fiscal years.

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.