20 U.S.C. § 6432 — Allocation of funds
submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 492 words · no verdicts yet
This section calculates annual subgrants for eligible State agencies based on qualifying enrollment and per-pupil spending. It gives Puerto Rico a separate formula and requires proportional reductions when appropriations are insufficient.
(a) Subgrants outside Puerto Rico. (1) Each eligible State agency other than a Puerto Rico agency may receive, for each fiscal year, the number of qualifying neglected or delinquent children and youth multiplied by 40 percent of the State’s average per-pupil expenditure*. The count includes children enrolled at least 15 hours per week in adult-correctional-institution education and enrolled at least 20 hours per week in education programs in institutions for neglected or delinquent children and youth or in community day programs. The per-pupil amount cannot be below 32 percent or above 48 percent of the United States average. (2) The State agency determines the count by the Secretary’s deadline, but cannot be required to count on a specific date. The Secretary may adjust the count for the relative length of the agency’s annual programs.
(b) Puerto Rico. (1) Its annual amount equals its subsection (a)(1)(A) child count multiplied by the percentage that Puerto Rico’s average per-pupil expenditure is of the lowest such expenditure in any of the 50 States, multiplied by 32 percent of the United States average. (2) That percentage cannot be below 85 percent. (3) If applying the 85-percent minimum would make any State or the District of Columbia receive less than in the prior year, the percentage used for Puerto Rico is the greater of the current-year percentage or the prior-year percentage.
(c) If annual appropriations are insufficient to pay all eligible amounts under (a) and (b), the Secretary must reduce every amount proportionally.
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—
the number of neglected or delinquent children and youth described in section 6431 of this title who—
are enrolled for at least 15 hours per week in education programs in adult correctional institutions; and
are enrolled for at least 20 hours per week—
in education programs in institutions for neglected or delinquent children and youth; or
in community day programs for neglected or delinquent children and youth; and
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.
The number of neglected or delinquent children and youth determined under paragraph (1) shall—
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
be adjusted, as the Secretary determines is appropriate, to reflect the relative length of such agency’s annual programs.
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—
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
32 percent of the average per-pupil expenditure in the United States.
The percentage in paragraph (1)(A) shall not be less than 85 percent.
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—
the percentage in paragraph (1)(A) for such fiscal year; or
the percentage used for the preceding fiscal year.
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.
Source credit: (Pub. L. 89–10, title I, § 1412, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1581; amended Pub. L. 114–95, title I, § 1401(2), Dec. 10, 2015, 129 Stat. 1900.)
- 2002Enacted · Pub. L. 89-10 · 115 Stat. 1581
- 2015Amended · Pub. L. 114-95 · 129 Stat. 1900
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2002-01-08.
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