20 U.S.C. § 6399 — State allocations

**(a) State allocations** Except as provided in subsection (c), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part an amount equal to the product of— (1) the sum of— (A) the average number of identified eligible migratory children aged 3 through 21 residing in the State, based on data for the preceding 3 years; and (B) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during the previous year; multiplied by (2) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this paragraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States. **(b) Hold harmless** Notwithstanding subsection (a), for each of fiscal years 2017 through 2019, no State shall receive less than 90 percent of the State’s allocation under this section for the preceding fiscal year. **(c) Allocation to Puerto Rico** (1) **In general** — For each fiscal year, the grant that the Commonwealth of Puerto Rico shall be eligible to receive under this part shall be the amount determined by multiplying the number of children who would be counted under subsection (a)(1) if such subsection applied to the Commonwealth of Puerto Rico by the product of— (A) the percentage that 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, subject to paragraphs (2) and (3); and (B) 32 percent of the average per-pupil expenditure in the United States. (2) **Minimum percentage** — The percentage described in paragraph (1)(A) shall not be less than 85 percent. (3) **Limitation** — If the application of paragraph (2) for any fiscal year would result in any of the 50 States or the District of Columbia receiving less under this part than it received under this part 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. **(d) Ratable reductions; reallocations** (1) **In general** (A) *Ratable reductions* — If, after the Secretary reserves funds under [section 6398(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6398/c&num=0&edition=prelim), the amount appropriated to carry out this part for any fiscal year is insufficient to pay in full the amounts for which all States are eligible, the Secretary shall ratably reduce each such amount. (B) *Reallocation* — If additional funds become available for making such payments for any fiscal year, the Secretary shall allocate such funds to States in amounts that the Secretary determines will best carry out the purposes of this part. (2) **Special rule** (A) *Further reductions* — The Secretary shall further reduce the amount of any grant to a State under this part for any fiscal year if the Secretary determines, based on available information on the numbers and needs of migratory children in the State and the program proposed by the State to address such needs, that such amount exceeds the amount required under [section 6394 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6394&num=0&edition=prelim). (B) *Reallocation* — The Secretary shall reallocate such excess funds to other States whose grants under this part would otherwise be insufficient to provide an appropriate level of services to migratory children, in such amounts as the Secretary determines are appropriate. **(e) Consortium arrangements** (1) **In general** — In the case of a State that receives a grant of $1,000,000 or less under this section, the Secretary shall consult with the State educational agency to determine whether consortium arrangements with another State or other appropriate entity would result in delivery of services in a more effective and efficient manner. (2) **Proposals** — Any State, regardless of the amount of such State’s allocation, may submit a consortium arrangement to the Secretary for approval. (3) **Approval** — The Secretary shall approve a consortium arrangement under paragraph (1) or (2) if the proposal demonstrates that the arrangement will— (A) reduce administrative costs or program function costs for State programs; and (B) make more funds available for direct services to add substantially to the academic achievement of children to be served under this part. **(f) Determining numbers of eligible children** In order to determine the identified number of migratory children residing in each State for purposes of this section, the Secretary shall— (1) use the most recent information that most accurately reflects the actual number of migratory children; (2) develop and implement a procedure for monitoring the accuracy of such information; (3) develop and implement a procedure for more accurately reflecting cost factors for different types of summer and intersession program designs; (4) adjust the number of migratory children who reside in each State to take into account— (A) the unique needs of those children participating in effective special programs provided under this part that operate during the summer and intersession periods; and (B) the additional costs of operating such programs; and (5) conduct an analysis of the options for adjusting the formula so as to better direct services to migratory children, including the most at-risk migratory children. **(g) Nonparticipating States** In the case of a State desiring to receive an allocation under this part for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than 3 consecutive years, the Secretary shall calculate the State’s number of identified migratory children aged 3 through 21 for purposes of subsection (a)(1)(A) by using the most recent data available that identifies the migratory children residing in the State until data is available to calculate the 3-year average number of such children in accordance with such subsection.