Title 20, EducationRelease 119-110

§9408 Reservations and Allotments

Title 20 › CHAPTER 75 — EARLY LEARNING OPPORTUNITIES › § 9408

Last updated Sep 22, 2026|Official source

Summary

Each fiscal year the Secretary must set aside 1 percent of the program’s money for Indian tribes, Regional Corporations, and Native Hawaiian entities—0.5 percent for Indian tribes and 0.5 percent for Regional Corporations and Native Hawaiian entities. From the remaining funds, half is given to States based on each State’s share of children age 4 and under, and half is given based on each State’s share of children age 4 and under who live in families below the poverty line. No State may get less than 0.40 percent of the yearly total. State funds not spent that year remain available for two more years; after that they return to the Secretary to fund research-based early learning demonstration grants. All allotments use the most recent data the Secretary has.

Full Legal Text

Title 20, §9408

Education, Source: USLM XML via OLRC

(a)Reservation for Indian tribes, Alaska Natives, and Native Hawaiians
The Secretary shall reserve 1 percent of the total amount appropriated under section 9404 of this title for each fiscal year, to be allotted to Indian tribes, Regional Corporations, and Native Hawaiian entities, of which—
(1)0.5 percent shall be available to Indian tribes; and
(2)0.5 percent shall be available to Regional Corporations and Native Hawaiian entities.
(b)Allotments
From the funds appropriated under this chapter for each fiscal year that are not reserved under subsection (a), the Secretary shall allot to each State the sum of— (1)
(2)an amount that bears the same ratio to 50 percent of such funds as the number of children 4 years of age and younger living in families with incomes below the poverty line in the State bears to the number of such children in all States.
(c)Minimum allotment
No State shall receive an allotment under subsection (b) for a fiscal year in an amount that is less than .40 percent of the total amount appropriated for the fiscal year under this chapter.
(d)Availability of funds
Any portion of the allotment to a State that is not expended for activities under this chapter in the fiscal year for which the allotment is made shall remain available to the State for two additional years, after which any unexpended funds shall be returned to the Secretary. The Secretary shall use the returned funds to carry out a discretionary grant program for research-based early learning demonstration projects.
(e)Data
The Secretary shall make allotments under this chapter on the basis of the most recent data available to the Secretary.

Reference

Citations & Metadata

Citation

20 U.S.C. § 9408

Title 20, Education

Last Updated

Sep 22, 2026

Release point: 119-110