20 U.S.C. § 6435: Use of funds

§6435 Use 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 › § 6435

Last updated Sep 22, 2026|Official source

Summary

State agencies must spend these funds only on programs that follow the State plan under section 6434(a) and that help students gain the skills to finish secondary school, enter career and technical education, pursue more schooling, or get a job. Allowed activities include buying equipment, pay-for-success projects, and targeted services for youth involved with both the child welfare and juvenile justice systems. Programs must focus on children and youth the State identifies as failing or most at risk of failing state academic standards. They must meet those students’ educational needs, improve the education the State gives them, and help them reach the standards. Programs must also follow the rules in section 6321 and part F. If a program adds instructional hours beyond what state and local sources provide, it meets the supplement-not-supplant rule in section 6321 regardless of which subjects are taught.

Title 20, §6435

Education, Source: USLM XML via OLRC

(a)Uses

(1)In general

A State agency shall use funds received under this subpart only for programs and projects that—

(A)are consistent with the State plan under section 6434(a) of this title; and

(B)concentrate on providing participants with the knowledge and skills needed to make a successful transition to secondary school completion, career and technical education, further education, or employment.

(2)Programs and projects

Such programs and projects—

(A)may include—

(i)the acquisition of equipment;

(ii)pay-for-success initiatives; or

(iii)providing targeted services for youth who have come in contact with both the child welfare system and juvenile justice system;

(B)shall be designed to support educational services that—

(i)except for institution-wide projects under section 6436 of this title, are provided to children and youth identified by the State agency as failing, or most at-risk of failing, to meet the challenging State academic standards;

(ii)respond to the educational needs of such children and youth, including by supplementing and improving the quality of the educational services provided to such children and youth by the State agency; and

(iii)afford such children and youth an opportunity to meet challenging State academic standards; and

(C)shall be carried out in a manner consistent with section 6321 of this title and part F (as applied to programs and projects under this part).

(b)Supplement, not supplant

A program under this subpart that supplements the number of hours of instruction students receive from State and local sources shall be considered to comply with the supplement, not supplant requirement of section 6321 of this title (as applied to this part) without regard to the subject areas in which instruction is given during those hours.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6435, Pub. L. 89–10, title I, § 1415, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3596, related to use of funds, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Subsec. (a)(1)(B). Pub. L. 114–95, § 1401(4)(A)(i), substituted “career and technical education” for “vocational or technical training”. Subsec. (a)(2)(A). Pub. L. 114–95, § 1401(4)(A)(ii)(I), added subpar. (A) and struck out former subpar (A) which read as follows: “may include the acquisition of equipment;”. Subsec. (a)(2)(B)(i). Pub. L. 114–95, § 1401(4)(A)(ii)(II)(aa), substituted “the challenging State academic standards” for “the State’s challenging academic content standards and student academic achievement standards”. Subsec. (a)(2)(B)(ii). Pub. L. 114–95, § 1401(4)(A)(ii)(II)(bb), substituted “respond to the educational needs of such children and youth, including by supplementing and improving the quality” for “supplement and improve the quality”. Subsec. (a)(2)(B)(iii). Pub. L. 114–95, § 1401(4)(A)(ii)(II)(cc), substituted “challenging State academic standards” for “challenging State academic achievement standards” and inserted “and” after semicolon at end. Subsec. (a)(2)(C). Pub. L. 114–95, § 1401(4)(A)(ii)(III), made technical amendment to reference in original act which appears in text as reference to section 6321 of this title and substituted “part F” for “part I” and period for “; and” at end. Subsec. (a)(2)(D). Pub. L. 114–95, § 1401(4)(A)(ii)(IV), struck out subpar. (D) which read as follows: “may include the costs of meeting the evaluation requirements of section 7941 of this title.” Subsec. (b). Pub. L. 114–95, § 1401(4)(B), made technical amendment to reference in original act which appears in text as reference to section 6321 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.