20 U.S.C. § 6611 — Formula grants to States

Page 1420 TITLE 20—EDUCATION § 6611 [title VIII, § 101(b)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–406, authorized appropriations and related to allo- cations of appropriations, prior to the general amend- ment of this subchapter by Pub. L. 107–110. A prior section 2003 of Pub. L. 89–10 was classified to section 2983 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. PART A—SUPPORTING EFFECTIVE INSTRUCTION § 6611. Formula grants to States (a) Reservation of funds From the total amount appropriated under section 6603(a) of this title for a fiscal year, the Secretary shall reserve— (1) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distrib- uted among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this subchapter; and (2) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. (b) State allotments (1) Hold harmless (A) Fiscal years 2017 through 2022 For each of fiscal years 2017 through 2022, subject to paragraph (2) and subparagraph (C), from the funds appropriated under sec- tion 6603(a) of this title for a fiscal year that remain after the Secretary makes the res- ervations under subsection (a), the Sec- retary shall allot to each State an amount equal to the total amount that such State received for fiscal year 2001 under— (i) section 2202(b) of this Act (as in effect on the day before January 8, 2002); and (ii) section 306 of the Department of Edu- cation Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554). (B) Ratable reduction If the funds described in subparagraph (A) are insufficient to pay the full amounts that all States are eligible to receive under sub- paragraph (A) for any fiscal year, the Sec- retary shall ratably reduce those amounts for the fiscal year. (C) Percentage reduction For each of fiscal years 2017 through 2022, the amount in subparagraph (A) shall be re- duced by a percentage equal to the product of 14.29 percent and the number of years be- tween the fiscal year for which the deter- mination is being made and fiscal year 2016. (2) Allotment of additional funds (A) In general Subject to subparagraph (B), for any fiscal year for which the funds appropriated under section 6603(a) of this title and not reserved under subsection (a) exceed the total amount required to make allotments under paragraph (1), the Secretary shall allot to each State the sum of— (i) for fiscal year 2017— (I) an amount that bears the same rela- tionship to 35 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as deter- mined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (II) an amount that bears the same re- lationship to 65 percent of the excess amount as the number of individuals aged 5 through 17 from families with in- comes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those indi- viduals in all such States, as so deter- mined; (ii) for fiscal year 2018— (I) an amount that bears the same rela- tionship to 30 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as deter- mined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (II) an amount that bears the same re- lationship to 70 percent of the excess amount as the number of individuals aged 5 through 17 from families with in- comes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those indi- viduals in all such States, as so deter- mined; (iii) for fiscal year 2019— (I) an amount that bears the same rela- tionship to 25 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as deter- mined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (II) an amount that bears the same re- lationship to 75 percent of the excess amount as the number of individuals aged 5 through 17 from families with in- comes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those indi- viduals in all such States, as so deter- mined; and (iv) for fiscal year 2020 through fiscal year 2022— (I) an amount that bears the same rela- tionship to 20 percent of the excess Page 1421 TITLE 20—EDUCATION § 6611 amount as the number of individuals aged 5 through 17 in the State, as deter- mined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (II) an amount that bears the same re- lationship to 80 percent of the excess amount as the number of individuals aged 5 through 17 from families with in- comes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those indi- viduals in all such States, as so deter- mined. (B) Exception No State receiving an allotment under subparagraph (A) may receive less than one- half of 1 percent of the total excess amount allotted under such subparagraph for a fiscal year. (3) Fiscal year 2023 and succeeding fiscal years For fiscal year 2023 and each of the suc- ceeding fiscal years— (A) the Secretary shall allot funds appro- priated under section 6603(a) of this title and not reserved under subsection (a) to each State in accordance with paragraph (2)(A)(iv); and (B) the amount appropriated but not re- served shall be treated as the excess amount. (4) Reallotment If any State does not apply for an allotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the al- lotment to the remaining States in accordance with this subsection. (c) State uses of funds (1) In general Except as provided under paragraph (3), each State that receives an allotment under sub- section (b) for a fiscal year shall reserve not less than 95 percent of such allotment to make subgrants to local educational agencies for such fiscal year, as described in section 6612 of this title. (2) State administration A State educational agency may use not more than 1 percent of the amount allotted to such State under subsection (b) for the admin- istrative costs of carrying out such State edu- cational agency’s responsibilities under this part. (3) Principals or other school leaders Notwithstanding paragraph (1) and in addi- tion to funds otherwise available for activities under paragraph (4), a State educational agen- cy may reserve not more than 3 percent of the amount reserved for subgrants to local edu- cational agencies under paragraph (1) for one or more of the activities for principals or other school leaders that are described in paragraph (4). (4) State activities (A) In general The State educational agency for a State that receives an allotment under subsection (b) may use funds not reserved under para- graph (1) to carry out 1 or more of the activi- ties described in subparagraph (B), which may be implemented in conjunction with a State agency of higher education (if such agencies are separate) and carried out through a grant or contract with a for-profit or nonprofit entity, including an institution of higher education. (B) Types of State activities The activities described in this subpara- graph are the following: (i) Reforming teacher, principal, or other school leader certification, recertification, licensing, or tenure systems or preparation program standards and approval processes to ensure that— (I) teachers have the necessary sub- ject-matter knowledge and teaching skills, as demonstrated through meas- ures determined by the State, which may include teacher performance assess- ments, in the academic subjects that the teachers teach to help students meet challenging State academic standards; (II) principals or other school leaders have the instructional leadership skills to help teachers teach and to help stu- dents meet such challenging State aca- demic standards; and (III) teacher certification or licensing requirements are aligned with such chal- lenging State academic standards. (ii) Developing, improving, or providing assistance to local educational agencies to support the design and implementation of teacher, principal, or other school leader evaluation and support systems that are based in part on evidence of student aca- demic achievement, which may include student growth, and shall include multiple measures of educator performance and pro- vide clear, timely, and useful feedback to teachers, principals, or other school lead- ers, such as by— (I) developing and disseminating high- quality evaluation tools, such as class- room observation rubrics, and methods, including training and auditing, for en- suring inter-rater reliability of evalua- tion results; (II) developing and providing training to principals, other school leaders, coaches, mentors, and evaluators on how to accurately differentiate performance, provide useful and timely feedback, and use evaluation results to inform deci- sionmaking about professional develop- ment, improvement strategies, and per- sonnel decisions; and (III) developing a system for auditing the quality of evaluation and support systems. (iii) Improving equitable access to effec- tive teachers. (iv) Carrying out programs that estab- lish, expand, or improve alternative routes for State certification of teachers (espe- cially for teachers of children with disabil- Page 1422 TITLE 20—EDUCATION § 6611 ities, English learners, science, tech- nology, engineering, mathematics, or other areas where the State experiences a shortage of educators), principals, or other school leaders, for— (I) individuals with a baccalaureate or master’s degree, or other advanced de- gree; (II) mid-career professionals from other occupations; (III) paraprofessionals; (IV) former military personnel; and (V) recent graduates of institutions of higher education with records of aca- demic distinction who demonstrate the potential to become effective teachers, principals, or other school leaders. (v) Developing, improving, and imple- menting mechanisms to assist local edu- cational agencies and schools in effec- tively recruiting and retaining teachers, principals, or other school leaders who are effective in improving student academic achievement, including effective teachers from underrepresented minority groups and teachers with disabilities, such as through— (I) opportunities for effective teachers to lead evidence-based (to the extent the State determines that such evidence is reasonably available) professional devel- opment for the peers of such effective teachers; and (II) providing training and support for teacher leaders and principals or other school leaders who are recruited as part of instructional leadership teams. (vi) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration and moni- toring of the programs carried out under this part, including provision of technical assistance to local educational agencies. (vii) Developing, or assisting local edu- cational agencies in developing— (I) career opportunities and advance- ment initiatives that promote profes- sional growth and emphasize multiple career paths, such as instructional coaching and mentoring (including hy- brid roles that allow instructional coaching and mentoring while remaining in the classroom), school leadership, and involvement with school improvement and support; (II) strategies that provide differential pay, or other incentives, to recruit and retain teachers in high-need academic subjects and teachers, principals, or other school leaders, in low-income schools and school districts, which may include performance-based pay systems; and (III) new teacher, principal, or other school leader induction and mentoring programs that are, to the extent the State determines that such evidence is reasonably available, evidence-based, and designed to— (aa) improve classroom instruction and student learning and achievement, including through improving school leadership programs; and (bb) increase the retention of effec- tive teachers, principals, or other school leaders. (viii) Providing assistance to local edu- cational agencies for the development and implementation of high-quality profes- sional development programs for prin- cipals that enable the principals to be ef- fective and prepare all students to meet the challenging State academic standards. (ix) Supporting efforts to train teachers, principals, or other school leaders to effec- tively integrate technology into curricula and instruction, which may include train- ing to assist teachers in implementing blended learning (as defined in section 7112(1) of this title) projects. (x) Providing training, technical assist- ance, and capacity-building to local edu- cational agencies that receive a subgrant under this part. (xi) Reforming or improving teacher, principal, or other school leader prepara- tion programs, such as through estab- lishing teacher residency programs and school leader residency programs. (xii) Establishing or expanding teacher, principal, or other school leader prepara- tion academies, with an amount of the funds described in subparagraph (A) that is not more than 2 percent of the State’s al- lotment, if— (I) allowable under State law; (II) the State enables candidates at- tending a teacher, principal, or other school leader preparation academy to be eligible for State financial aid to the same extent as participants in other State-approved teacher or principal preparation programs, including alter- native certification, licensure, or creden- tial programs; and (III) the State enables teachers, prin- cipals, or other school leaders who are teaching or working while on alternative certificates, licenses, or credentials to teach or work in the State while enrolled in a teacher, principal, or other school leader preparation academy. (xiii) Supporting the instructional serv- ices provided by effective school library programs. (xiv) Developing, or assisting local edu- cational agencies in developing, strategies that provide teachers, principals, or other school leaders with the skills, credentials, or certifications needed to educate all stu- dents in postsecondary education coursework through early college high school or dual or concurrent enrollment programs. (xv) Providing training for all school personnel, including teachers, principals, other school leaders, specialized instruc- tional support personnel, and paraprofes- sionals, regarding how to prevent and rec- ognize child sexual abuse. (xvi) Supporting opportunities for prin- cipals, other school leaders, teachers, Page 1423 TITLE 20—EDUCATION § 6611 paraprofessionals, early childhood edu- cation program directors, and other early childhood education program providers to participate in joint efforts to address the transition to elementary school, including issues related to school readiness. (xvii) Developing and providing profes- sional development and other comprehen- sive systems of support for teachers, prin- cipals, or other school leaders to promote high-quality instruction and instructional leadership in science, technology, engi- neering, and mathematics subjects, includ- ing computer science. (xviii) Supporting the professional devel- opment and improving the instructional strategies of teachers, principals, or other school leaders to integrate career and technical education content into academic instructional practices, which may include training on best practices to understand State and regional workforce needs and transitions to postsecondary education and the workforce. (xix) Enabling States, as a consortium, to voluntarily develop a process that al- lows teachers who are licensed or certified in a participating State to teach in other participating States without completing additional licensure or certification re- quirements, except that nothing in this clause shall be construed to allow the Sec- retary to exercise any direction, super- vision, or control over State teacher li- censing or certification requirements. (xx) Supporting and developing efforts to train teachers on the appropriate use of student data to ensure that individual stu- dent privacy is protected as required by section 1232g of this title (commonly known as the ‘‘Family Educational Rights and Privacy Act of 1974’’) and in accord- ance with State student privacy laws and local educational agency student privacy and technology use policies. (xxi) Supporting other activities identi- fied by the State that are, to the extent the State determines that such evidence is reasonably available, evidence-based and that meet the purpose of this subchapter. (d) State application (1) In general In order to receive an allotment under this section for any fiscal year, a State shall sub- mit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. (2) Contents Each application described under paragraph (1) shall include the following: (A) A description of how the State edu- cational agency will use funds received under this subchapter for State-level activi- ties described in subsection (c). (B) A description of the State’s system of certification and licensing of teachers, prin- cipals, or other school leaders. (C) A description of how activities under this part are aligned with challenging State academic standards. (D) A description of how the activities car- ried out with funds under this part are ex- pected to improve student achievement. (E) If a State educational agency plans to use funds under this part to improve equi- table access to effective teachers, consistent with section 6311(g)(1)(B) of this title, a de- scription of how such funds will be used for such purpose. (F) If applicable, a description of how the State educational agency will work with local educational agencies in the State to develop or implement State or local teacher, principal, or other school leader evaluation and support systems that meet the require- ments of subsection (c)(4)(B)(ii). (G) An assurance that the State edu- cational agency will monitor the implemen- tation of activities under this part and pro- vide technical assistance to local edu- cational agencies in carrying out such ac- tivities. (H) An assurance that the State edu- cational agency will work in consultation with the entity responsible for teacher, prin- cipal, or other school leader professional standards, certification, and licensing for the State, and encourage collaboration be- tween educator preparation programs, the State, and local educational agencies to pro- mote the readiness of new educators enter- ing the profession. (I) An assurance that the State edu- cational agency will comply with section 7881 of this title (regarding participation by private school children and teachers). (J) A description of how the State edu- cational agency will improve the skills of teachers, principals, or other school leaders in order to enable them to identify students with specific learning needs, particularly children with disabilities, English learners, students who are gifted and talented, and students with low literacy levels, and pro- vide instruction based on the needs of such students. (K) A description of how the State will use data and ongoing consultation as described in paragraph (3) to continually update and improve the activities supported under this part. (L) A description of how the State edu- cational agency will encourage opportuni- ties for increased autonomy and flexibility for teachers, principals, or other school lead- ers, such as by establishing innovation schools that have a high degree of autonomy over budget and operations, are transparent and accountable to the public, and lead to improved academic outcomes for students. (M) A description of actions the State may take to improve preparation programs and strengthen support for teachers, principals, or other school leaders based on the needs of the State, as identified by the State edu- cational agency. (3) Consultation In developing the State application under this subsection, a State shall— (A) meaningfully consult with teachers, principals, other school leaders, paraprofes- Page 1424 TITLE 20—EDUCATION § 6612 sionals (including organizations rep- resenting such individuals), specialized in- structional support personnel, charter school leaders (in a State that has charter schools), parents, community partners, and other organizations or partners with rel- evant and demonstrated expertise in pro- grams and activities designed to meet the purpose of this subchapter; (B) seek advice from the individuals, orga- nizations, or partners described in subpara- graph (A) regarding how best to improve the State’s activities to meet the purpose of this subchapter; and (C) coordinate the State’s activities under this part with other related strategies, pro- grams, and activities being conducted in the State. (4) Limitation Consultation required under paragraph (3) shall not interfere with the timely submission of the application required under this section. (e) Prohibition Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to man- date, direct, or control any of the following: (1) The development, improvement, or im- plementation of elements of any teacher, prin- cipal, or other school leader evaluation sys- tem. (2) Any State or local educational agency’s definition of teacher, principal, or other school leader effectiveness. (3) Any teacher, principal, or other school leader professional standards, certification, or licensing. (Pub. L. 89–10, title II, § 2101, as added Pub. L. 114–95, title II, § 2002, Dec. 10, 2015, 129 Stat. 1917; amended Pub. L. 116–260, div. H, title III, § 315, Dec. 27, 2020, 134 Stat. 1610.) Editorial Notes REFERENCES IN TEXT Section 2202(b) of this Act (as in effect on the day be- fore January 8, 2002), referred to in subsec. (b)(1)(A)(i), is section 2202(b) of Pub. L. 89–10, as added by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3621, which was classified to section 6642(b) of this title prior to the general amendment of this subchapter by Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1620. Section 306 of the Department of Education Appro- priations Act, 2001, referred to in subsec. (b)(1)(A)(ii), is section 1(a)(1) [title III, § 306] of Pub. L. 106–554, Nov. 29, 1999, 114 Stat. 2763, 2763A–41, which is not classified to the Code. PRIOR PROVISIONS A prior section 6611, Pub. L. 89–10, title II, § 2111, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1621, related to allotments to States, prior to re- peal by Pub. L. 114–95, § 5, title II, § 2002, Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and com- petitive programs. A prior section 2101 of Pub. L. 89–10 was classified to section 6601 of this title, prior to repeal by Pub. L. 114–95. Another prior section 2101 of Pub. L. 89–10 was classi- fied to section 6621 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110. Another prior section 2101 of Pub. L. 89–10 was classi- fied to section 3001 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382. AMENDMENTS 2020—Subsec. (b)(2)(A)(iv). Pub. L. 116–260, § 315(1), in introductory provisions, inserted ‘‘through fiscal year 2022’’ after ‘‘for fiscal year 2020’’. Subsec. (b)(3). Pub. L. 116–260, § 315(2), substituted ‘‘2023’’ for ‘‘2021’’ in heading and text of introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 6612. Subgrants to local educational agencies (a) Allocation of funds to local educational agen- cies (1) In general From funds reserved by a State under sec- tion 6611(c)(1) of this title for a fiscal year, the State, acting through the State educational agency, shall award subgrants to eligible local educational agencies from allocations de- scribed in paragraph (2). (2) Allocation formula From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of— (A) an amount that bears the same rela- tionship to 20 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individ- uals in the geographic areas served by all el- igible local educational agencies in the State, as so determined; and (B) an amount that bears the same rela- tionship to 80 percent of the funds for such fiscal year as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most re- cent satisfactory data, bears to the number of those individuals in the geographic areas served by all the eligible local educational agencies in the State, as so determined. (3) Rule of construction Nothing in this section shall be construed to prohibit a consortium of local educational agencies that are designated with a locale code of 41, 42, or 43, or such local educational agencies designated with a locale code of 41, 42, or 43 that work in cooperation with an edu- cational service agency, from voluntarily com- bining allocations received under this part for the collective use of funding by the consor- tium for activities under this section. (b) Local applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency shall