20 U.S.C. § 6338 — Allocations to States

**(a) Allocation formula** Of the amount appropriated under [section 6302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6302/a&num=0&edition=prelim) to carry out this part for each of fiscal years 2017–2020 (referred to in this subsection as the current fiscal year)— (1) an amount equal to the amount made available to carry out [section 6333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6333&num=0&edition=prelim) for fiscal year 2001 shall be allocated in accordance with [section 6333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6333&num=0&edition=prelim); (2) an amount equal to the amount made available to carry out [section 6334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6334&num=0&edition=prelim) for fiscal year 2001 shall be allocated in accordance with [section 6334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6334&num=0&edition=prelim); and (3) an amount equal to 100 percent of the amount, if any, by which the total amount made available under this subsection for the current fiscal year for which the determination is made exceeds the total amount available to carry out sections 6333 and 6334 of this title for fiscal year 2001 shall be used to carry out sections 6335 and 6337 of this title and such amount shall be divided equally between sections 6335 and 6337 of this title. **(b) Adjustments where necessitated by appropriations** (1) **In general** — If the sums available under this subpart for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive under sections 6333, 6334, and 6335 of this title for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to subsections (c) and (d) of this section. (2) **Additional funds** — If additional funds become available for making payments under sections 6333, 6334, and 6335 of this title for such fiscal year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced. **(c) Hold-harmless amounts** (1) **Amounts for sections 6333, 6334, and 6335** — For each fiscal year, the amount made available to each local educational agency under each of sections 6333, 6334, and 6335 of this title shall be— (A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted for grants under [section 6333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6333&num=0&edition=prelim) is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency; (B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and (C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent. (2) **Payments** — If sufficient funds are appropriated, the amounts described in paragraph (1) shall be paid to all local educational agencies that received grants under [section 6334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6334&num=0&edition=prelim) for the preceding fiscal year, regardless of whether the local educational agency meets the minimum eligibility criteria for that fiscal year described in [section 6334(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6334/a/1/A&num=0&edition=prelim) except that a local educational agency that does not meet such minimum eligibility criteria for 4 consecutive years shall no longer be eligible to receive a hold harmless amount referred to in paragraph (1). (3) **Applicability** — Notwithstanding any other provision of law, the Secretary shall not take into consideration the hold-harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by the Secretary other than a program authorized under this part. (4) **Population data** — For any fiscal year for which the Secretary calculates grants on the basis of population data for counties, the Secretary shall apply the hold-harmless percentages in paragraphs (1) and (2) to counties and, if the Secretary’s allocation for a county is not sufficient to meet the hold-harmless requirements of this subsection for every local educational agency within that county, the State educational agency shall reallocate funds proportionately from all other local educational agencies in the State that are receiving funds in excess of the hold-harmless amounts specified in this subsection. **(d) Ratable reductions** (1) **In general** — If the sums made available under this subpart for any fiscal year are insufficient to pay the full amounts that local educational agencies in all States are eligible to receive under subsection (c) for such year, the Secretary shall ratably reduce such amounts for such year. (2) **Additional funds** — If additional funds become available for making payments under subsection (c) for such fiscal year, amounts that were reduced under paragraph (1) shall be increased on the same basis as such amounts were reduced. **(e) Definition** For the purpose of this section and sections 6333, 6334, 6335, and 6337 of this title, the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.