20 U.S.C. § 6363 — Allotment of appropriated funds
submitted 11 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 616 words · no verdicts yet
This section sets how assessment funds are reserved, distributed, and competitively awarded when appropriations are at or below, or above, a specified trigger amount. It also defines State and requires compliance with a funding prohibition.
(a) At or below the trigger. From each fiscal year's funds under section 6302(b) that are no more than the amount in section 6311(b)(2)(I), the Secretary must reserve one-half of 1 percent for the Bureau of Indian Education, one-half of 1 percent for the outlying areas, and no more than 20 percent for section 6362. From the rest, the Secretary must fund section 6361 by giving each State (A) $3,000,000, reduced proportionally for every State if funds are insufficient, and (B) any remaining amount in proportion to the State's number of students aged 5 through 17, using the Secretary's latest satisfactory data, compared with all States. (b) Above the trigger. The Secretary must use the excess as follows. (1) First, competitively award grants to State educational agencies or consortia that apply as required, to conduct the activities in section 6361(a)(2)(C), (H), (I), (J), (K), and (L). Applications must be timely and in the Secretary's reasonable format and show compliance. Each grant must bear the same relationship to all funds available under this subsection as the State's, or consortium States' combined, 5-to-17 student count bears to the national count. (2) Any funds left go to each State or consortium that did not receive such a grant, in the same student-count proportion. (c) “State” means the 50 States, the District of Columbia, and Puerto Rico. (d) In providing funds, the Secretary must follow section 7909's prohibitions.
From amounts made available for each fiscal year under subsection 1 6302(b) of this title that are equal to or less than the amount described in section 6311(b)(2)(I) of this title, the Secretary shall—
reserve one-half of 1 percent for the Bureau of Indian Education;
reserve one-half of 1 percent for the outlying areas;
reserve not more than 20 percent to carry out section 6362 of this title; and
from the remainder, carry out section 6361 of this title by allocating to each State an amount equal to—
$3,000,000, except for a fiscal year for which the amounts available are insufficient to allocate such amount to each State, the Secretary shall ratably reduce such amount for each State; and
with respect to any amounts remaining after the allocation under subparagraph (A), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.
For any fiscal year for which the amount made available for a fiscal year under subsection 1 6302(b) of this title exceeds the amount described in section 6311(b)(2)(I) of this title, the Secretary shall make such excess amount available as follows:
The Secretary shall first use such funds to award grants, on a competitive basis, to State educational agencies or consortia of State educational agencies that have submitted applications described in subparagraph (B) to enable such States to carry out the activities described in subparagraphs (C), (H), (I), (J), (K), and (L) of section 6361(a)(2) of this title.
A State, or a consortium of States, that desires a competitive grant under subparagraph (A) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall demonstrate that the requirements of this section will be met for the uses of funds described under subparagraph (A).
In determining the amount of a grant under subparagraph (A), the Secretary shall ensure that a State or consortium’s grant, as the case may be, shall include an amount that bears the same relationship to the total funds available to carry out this subsection for the fiscal year as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in each State that comprises the consortium, (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.
Any amounts remaining after the Secretary awards funds under paragraph (1) shall be allotted to each State, or consortium of States, that did not receive a grant under such paragraph, in an amount that bears the same relationship to the remaining amounts as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in the States of the consortium, (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.
In this part, the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
In making funds available to States under this part, the Secretary shall comply with the prohibitions described in section 7909 of this title.
Source credit: (Pub. L. 89–10, title I, § 1203, as added Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1884.)
- 2015Enacted · Pub. L. 89-10 · 129 Stat. 1884
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2015-12-10.
all 0 arguments · sorted by: best
no arguments yet — make the first case