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20 U.S.C. § 6391 — Special allocation procedures
Federal law — U.S. Code and appendices · legal_authorities
**(a) Allocations for neglected children**
(1) **In general** — If a State educational agency determines that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children who are living in institutions for neglected children as described in [section 6333(c)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6333/c/1/B&num=0&edition=prelim), the State educational agency shall, if such agency assumes responsibility for the special educational needs of such children, receive the portion of such local educational agency’s allocation under sections 6333, 6334, 6335, and 6337 of this title that is attributable to such children.
(2) **Special rule** — If the State educational agency does not assume such responsibility, any other State or local public agency that does assume such responsibility shall receive that portion of the local educational agency’s allocation.
**(b) Allocations among local educational agencies** The State educational agency may allocate the amounts of grants under sections 6333, 6334, 6335, and 6337 of this title among the affected local educational agencies—
(1) if two or more local educational agencies serve, in whole or in part, the same geographical area;
(2) if a local educational agency provides free public education for children who reside in the school district of another local educational agency; or
(3) to reflect the merger, creation, or change of boundaries of one or more local educational agencies.
**(c) Reallocation** If a State educational agency determines that the amount of a grant a local educational agency would receive under sections 6333, 6334, 6335, and 6337 of this title is more than such local educational agency will use,
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Source location: Title 20, Chapter 70, § 6391; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md
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**(a) Allocations for neglected children**
(1) **In general** — If a State educational agency determines that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children who are living in institutions for neglected children as described in [section 6333(c)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6333/c/1/B&num=0&edition=prelim), the State educational agency shall, if such agency assumes responsibility for the special educational needs of such children, receive the portion of such local educational agency’s allocation under sections 6333, 6334, 6335, and 6337 of this title that is attributable to such children.
(2) **Special rule** — If the State educational agency does not assume such responsibility, any other State or local public agency that does assume such responsibility shall receive that portion of the local educational agency’s allocation.
**(b) Allocations among local educational agencies** The State educational agency may allocate the amounts of grants under sections 6333, 6334, 6335, and 6337 of this title among the affected local educational agencies—
(1) if two or more local educational agencies serve, in whole or in part, the same geographical area;
(2) if a local educational agency provides free public education for children who reside in the school district of another local educational agency; or
(3) to reflect the merger, creation, or change of boundaries of one or more local educational agencies.
**(c) Reallocation** If a State educational agency determines that the amount of a grant a local educational agency would receive under sections 6333, 6334, 6335, and 6337 of this title is more than such local educational agency will use, the State educational agency shall make the excess amount available to other local educational agencies in the State that need additional funds in accordance with criteria established by the State educational agency.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reservation of funds** Subject to subsection (e), from the amount appropriated for payments to States for any fiscal year under [section 6302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6302/a&num=0&edition=prelim), the Secretary shall—
(1) reserve 0.4 percent to provide assistance to the outlying areas in accordance with subsection (b); and
(2) reserve 0.7 percent to provide assistance to the Secretary of the Interior in accordance with subsection (d).
**(b) Assistance to outlying areas**
(1) **Funds reserved** — From the amount made available for any fiscal year under subsection (a)(1), the Secretary shall—
(A) first reserve $1,000,000 for the Republic of Palau, subject to such terms and conditions as the Secretary may establish, except that Public Law 95–134, permitting the consolidation of grants, shall not apply; and
(B) use the remaining funds to award grants to the outlying areas in accordance with paragraphs (2) through (5).
(2) **Amount of grants** — The Secretary shall allocate the amount available under paragraph (1)(B) to the outlying areas in proportion to their relative numbers of children, aged 5 to 17, inclusive, from families below the poverty level, on the basis of the most recent satisfactory data available from the Department of Commerce.
(3) **Hold-harmless amounts** — For each fiscal year, the amount made available to each outlying area under this subsection shall be—
(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted under paragraph (2) is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the outlying area;
(B) not less than 90 percent of the amount made available
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6337
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program authority** The Secretary shall maintain and expand existing secondary and postsecondary high school equivalency program and college assistance migrant program projects located at institutions of higher education or at private nonprofit organizations working in cooperation with institutions of higher education.
**(b) Services provided by high school equivalency program** The services authorized by this subpart for the high school equivalency program include—
(1) recruitment services to reach persons—
(A)
(i) who are 16 years of age and over; or
(ii) who are beyond the age of compulsory school attendance in the State in which such persons reside and are not enrolled in school;
(B)
(i) who themselves, or whose immediate family, have spent a minimum of 75 days during the past 24 months in migrant and seasonal farmwork; or
(ii) who are eligible to participate, or have participated within the preceding 2 years, in programs under part C of title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6391](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6391&num=0&edition=prelim) et seq.] or [section 3222 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3222&num=0&edition=prelim); and
(C) who lack a high school diploma or its equivalent;
(2) educational services which provide instruction designed to help students obtain a general education diploma which meets the guidelines established by the State in which the project is located for high school equivalency;
(3) supportive services which include the following:
(A) personal, vocational, and academic counseling;
(B) placement services designed to place students in a university, college, or junior
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1070d–31
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Federal law — U.S. Code and appendices · legal_authorities
There shall be in the Department an Office of Elementary and Secondary Education, to be administered by the Assistant Secretary for Elementary and Secondary Education appointed under [section 3412(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3412/b&num=0&edition=prelim). The Assistant Secretary shall administer such functions affecting elementary and secondary education, both public and private, as the Secretary shall delegate. There shall be within the Office of Elementary and Secondary Education and directly under the supervision of the Assistant Secretary for Elementary and Secondary Education, an Office of Migrant Education, which shall be responsible for the administration of programs established by part C of title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6391](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6391&num=0&edition=prelim) et seq.] and by subpart 5 of part A of title IV of the Higher Education Act of 1965 [[20 U.S.C. 1070d–2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070d-2&num=0&edition=prelim)].
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3414
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Educational flexibility program**
(1) **Program authorized**
(A) *In general* — The Secretary may carry out an educational flexibility program under which the Secretary authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to one or more programs described in subsection (b), other than requirements described in subsection (c), for any local educational agency, educational service agency, or school within the State.
(B) *Designation* — Each eligible State participating in the program described in subparagraph (A) shall be known as an “Ed-Flex Partnership State”.
(2) **Eligible State** — For the purpose of this section, the term “eligible State” means a State that—
(A) has—
(i) developed and implemented the challenging State academic standards, and aligned assessments, described in paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6311(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6311/b&num=0&edition=prelim)], and is producing the report cards required by section 1111(h) of such Act; or
(ii) if the State has adopted new challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, as a result of the amendments made to such Act [[20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.] by the Every Student Succeeds Act, made substantial progress (as determined by the Secretary) toward developing and implementing such standards and toward producing the report cards required under section 1111(h) of such Act;
(B) will hold local educational agencies, educationa
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 5896
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Federal law — U.S. Code and appendices · legal_authorities
Page 1391
TITLE 20—EDUCATION
§ 6393
Section 6381, Pub. L. 89–10, title I, § 1231, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1555,
stated purpose of former subpart 3 of this part.
Section 6381a, Pub. L. 89–10, title I, § 1232, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1556,
authorized reservation of funds for migrant programs,
outlying areas, and Indian tribes.
Section 6381b, Pub. L. 89–10, title I, § 1233, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1558,
related to use of funds for State educational agency
level activities and local programs.
Section 6381c, Pub. L. 89–10, title I, § 1234, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1559,
related to use of funds by recipients of funds.
Section 6381d, Pub. L. 89–10, title I, § 1235, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1560;
amended Pub. L. 113–128, title V, § 512(i)(2), July 22, 2014,
128 Stat. 1708, set forth elements of each program as-
sisted.
Section 6381e, Pub. L. 89–10, title I, § 1236, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1562,
related to eligibility for participation in an Even Start
program.
Section 6381f, Pub. L. 89–10, title I, § 1237, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1563,
related to application for subgrant under former sub-
part 3 of this part.
Section 6381g, Pub. L. 89–10, title I, § 1238, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1564,
related to award of subgrants.
Section 6381h, Pub. L. 89–10, title I, § 1239, as added
Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1566,
related to evaluation of programs.
Section 6381i, Pub. L. 89–10, title I, § 1240, as adde
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 6391
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