Title 20EducationRelease 119-73not60

§9408 Reservations and Allotments

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

Last updated Apr 5, 2026|Official source

Summary

The Secretary must set aside 1 percent of the total funds provided each year under this chapter. Half of that 1 percent (0.5 percent) goes to Indian tribes. The other half (0.5 percent) goes to Regional Corporations and Native Hawaiian entities. The remaining money is split into two equal parts. One part is shared among states based on each state’s share of children aged 4 and younger. The other part is shared based on each state’s share of children aged 4 and younger who live in families below the poverty line. No state may get less than .40 percent of the total yearly funds. If a state does not spend its allotment in the year it’s given, the money can be used for two more years; after that, any leftovers return to the Secretary, who will use them for research-based early learning demonstration grants. All amounts are figured using the most recent data the Secretary has.

Full Legal Text

Title 20, §9408

Education — Source: USLM XML via OLRC

(a)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)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)an amount that bears the same ratio to 50 percent of such funds as the number of children 4 years of age and younger in the State bears to the number of such children in all States; and
(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)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)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)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 20Education

Last Updated

Apr 5, 2026

Release point: 119-73not60