20 U.S.C. § 6337 — Education finance incentive grant pro-

Page 1376 TITLE 20—EDUCATION § 6336 agencies, prior to the general amendment of this sub- chapter by Pub. L. 107–110. § 6336. Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001 Pursuant to section 6332 of this title, the total amount allocated in any fiscal year after fiscal year 2001 for programs and activities under this part shall not exceed the amount allocated in fiscal year 2001 for such programs and activities unless the amount available for targeted grants to local educational agencies under section 6335 of this title in the applicable fiscal year meets the requirements of section 6332(a) of this title. (Pub. L. 89–10, title I, § 1125AA, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1525; amended Pub. L. 114–95, title I, § 1016, Dec. 10, 2015, 129 Stat. 1878.) Editorial Notes PRIOR PROVISIONS A prior section 6336, Pub. L. 89–10, title I, § 1125A, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3575, related to education finance incentive program, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Pub. L. 114–95, in section catchline, struck out ‘‘of targeted grants’’ after ‘‘Adequacy of funding’’ and, in text, struck out subsec. (a), which set forth Congres- sional findings, and struck out subsec. (b) designation and heading before ‘‘Pursuant’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6337. Education finance incentive grant pro- gram (a) Grants From funds made available under section 6332(a) of this title the Secretary is authorized to make grants to States, from allotments under subsection (b), to carry out the programs and activities of this part. (b) Distribution based upon fiscal effort and eq- uity (1) In general (A) In general Except as provided in subparagraph (B), funds made available for any fiscal year to carry out this section shall be allotted to each State based upon the number of chil- dren counted under section 6333(c) of this title in such State multiplied by the product of— (i) the amount in section 6333(a)(1)(B) of this title for all States other than the Commonwealth of Puerto Rico, except that the amount determined under that subparagraph shall not be less that 34 per- cent or more than 46 percent of the aver- age per pupil expenditure in the United States, and the amount in section 6333(a)(4) of this title for the Common- wealth of Puerto Rico, except that the amount in section 6333(a)(4)(A)(ii) of this title shall be 34 percent of the average per pupil expenditure in the United States; multiplied by (ii) such State’s effort factor described in paragraph (2); multiplied by (iii) 1.30 minus such State’s equity factor described in paragraph (3). (B) State minimum Notwithstanding any other provision of this section or section 6332 of this title, from the total amount available for any fiscal year to carry out this section, each State shall be allotted at least the lesser of— (i) 0.35 percent of the total amount re- served under section 6332(a) of this title to carry out this section; or (ii) the average of— (I) 0.35 percent of the total amount available to carry out this section; and (II) 150 percent of the national average grant under this section per child de- scribed in section 6333(c) of this title, without application of a weighting fac- tor, multiplied by the State’s total num- ber of children described in section 6333(c) of this title, without application of a weighting factor. (2) Effort factor (A) In general Except as provided in subparagraph (B), the effort factor for a State shall be deter- mined in accordance with the succeeding sentence, except that such factor shall not be less than 0.95 nor greater than 1.05. The effort factor determined under this sentence shall be a fraction the numerator of which is the product of the 3-year average per-pupil expenditure in the State multiplied by the 3- year average per capita income in the United States and the denominator of which is the product of the 3-year average per cap- ita income in such State multiplied by the 3- year average per-pupil expenditure in the United States. (B) Commonwealth of Puerto Rico The effort factor for the Commonwealth of Puerto Rico shall be equal to the lowest ef- fort factor calculated under subparagraph (A) for any State. (3) Equity factor (A) Determination (i) In general Except as provided in subparagraph (B), the Secretary shall determine the equity factor under this section for each State in accordance with clause (ii). (ii) Computation (I) In general For each State, the Secretary shall compute a weighted coefficient of vari- ation for the per-pupil expenditures of local educational agencies in accordance with subclauses (II), (III), and (IV). Page 1377 TITLE 20—EDUCATION § 6337 1 So in original. This subsec. does not contain a par. (3). (II) Variation In computing coefficients of variation, the Secretary shall weigh the variation between per-pupil expenditures in each local educational agency and the average per-pupil expenditures in the State ac- cording to the number of pupils served by the local educational agency. (III) Number of pupils In determining the number of pupils under this paragraph served by each local educational agency and in each State, the Secretary shall multiply the number of children counted under sec- tion 6333(c) of this title by a factor of 1.4. (IV) Enrollment requirement In computing coefficients of variation, the Secretary shall include only those local educational agencies with an en- rollment of more than 200 students. (B) Special rule The equity factor for a State that meets the disparity standard described in section 222.162 of title 34, Code of Federal Regula- tions (as such section was in effect on the day preceding January 8, 2002) or a State with only one local educational agency shall be not greater than 0.10. (c) Use of funds; eligibility of local educational agencies All funds awarded to each State under this section shall be allocated to local educational agencies under the following provisions. Within local educational agencies, funds allocated under this section shall be distributed to schools on a basis consistent with section 6313 of this title, and may only be used to carry out activi- ties under this part. A local educational agency in a State is eligible to receive a targeted grant under this section for any fiscal year if— (1) the number of children in the local edu- cational agency counted under section 6333(c) of this title, before application of the weighted child count described in paragraph (3),1 is at least 10; and (2) if the number of children counted for grants under section 6333(c) of this title, be- fore application of the weighted child count described in paragraph (3),1 is at least 5 per- cent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency. For any fiscal year for which the Secretary allo- cates funds under this section on the basis of counties, funds made available as a result of ap- plying this subsection shall be reallocated by the State educational agency to other eligible local educational agencies in the State in pro- portion to the distribution of other funds under this section. (d) Allocation of funds to eligible local edu- cational agencies Funds received by States under this section shall be allocated within States to eligible local educational agencies on the basis of weighted child counts calculated in accordance with para- graph (1), (2), or (3), as appropriate for each State. (1) States with an equity factor less than .10 In States with an equity factor less than .10, the weighted child counts referred to in sub- section (d) shall be calculated as follows: (A) Weights for allocations to counties (i) In general For each fiscal year for which the Sec- retary uses county population data to cal- culate grants, the weighted child count used to determine a county’s allocation under this section is the larger of the two amounts determined under clauses (ii) and (iii). (ii) By percentage of children The amount referred to in clause (i) is determined by adding— (I) the number of children determined under section 6333(c) of this title for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such pop- ulation, multiplied by 1.75; (III) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such pop- ulation, multiplied by 2.5; (IV) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such pop- ulation, multiplied by 3.25; and (V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 4.0. (iii) By number of children The amount referred to in clause (i) is determined by adding (I) the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children be- tween 2,312 and 7,913, inclusive, in such population, multiplied by 1.5; (III) the number of such children be- tween 7,914 and 23,917, inclusive, in such population, multiplied by 2.0; (IV) the number of such children be- tween 23,918 and 93,810, inclusive, in such population, multiplied by 2.5; and (V) the number of such children in ex- cess of 93,811 in such population, multi- plied by 3.0. (B) Weights for allocations to local edu- cational agencies (i) In general For each fiscal year for which the Sec- retary uses local educational agency data, the weighted child count used to deter- mine a local educational agency’s grant Page 1378 TITLE 20—EDUCATION § 6337 under this section is the larger of the two amounts determined under clauses (ii) and (iii). (ii) By percentage of children The amount referred to in clause (i) is determined by adding— (I) the number of children determined under section 6333(c) of this title for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such pop- ulation, multiplied by 1.75; (III) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such pop- ulation, multiplied by 2.5; (IV) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such pop- ulation, multiplied by 3.25; and (V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 4.0. (iii) By number of children The amount referred to in clause (i) is determined by adding— (I) the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children be- tween 692 and 2,262, inclusive, in such population, multiplied by 1.5; (III) the number of such children be- tween 2,263 and 7,851, inclusive, in such population, multiplied by 2.0; (IV) the number of such children be- tween 7,852 and 35,514, inclusive, in such population, multiplied by 2.5; and (V) the number of such children in ex- cess of 35,514 in such population, multi- plied by 3.0. (2) States with an equity factor greater than or equal to .10 and less than .20 In States with an equity factor greater than or equal to .10 and less than .20, the weighted child counts referred to in subsection (d) shall be calculated as follows: (A) Weights for allocations to counties (i) In general For each fiscal year for which the Sec- retary uses county population data to cal- culate grants, the weighted child count used to determine a county’s allocation under this section is the larger of the two amounts determined under clauses (ii) and (iii). (ii) By percentage of children The amount referred to in clause (i) is determined by adding— (I) the number of children determined under section 6333(c) of this title for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such pop- ulation, multiplied by 1.5; (III) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such pop- ulation, multiplied by 3.0; (IV) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such pop- ulation, multiplied by 4.5; and (V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 6.0. (iii) By number of children The amount referred to in clause (i) is determined by adding— (I) the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children be- tween 2,312 and 7,913, inclusive, in such population, multiplied by 1.5; (III) the number of such children be- tween 7,914 and 23,917, inclusive, in such population, multiplied by 2.25; (IV) the number of such children be- tween 23,918 and 93,810, inclusive, in such population, multiplied by 3.375; and (V) the number of such children in ex- cess of 93,811 in such population, multi- plied by 4.5. (B) Weights for allocations to local edu- cational agencies (i) In general For each fiscal year for which the Sec- retary uses local educational agency data, the weighted child count used to deter- mine a local educational agency’s grant under this section is the larger of the two amounts determined under clauses (ii) and (iii). (ii) By percentage of children The amount referred to in clause (i) is determined by adding— (I) the number of children determined under section 6333(c) of this title for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such pop- ulation, multiplied by 1.5; (III) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such pop- ulation, multiplied by 3.0; (IV) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such pop- ulation, multiplied by 4.5; and Page 1379 TITLE 20—EDUCATION § 6337 (V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 6.0. (iii) By number of children The amount referred to in clause (i) is determined by adding— (I) the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children be- tween 692 and 2,262, inclusive, in such population, multiplied by 1.5; (III) the number of such children be- tween 2,263 and 7,851, inclusive, in such population, multiplied by 2.25; (IV) the number of such children be- tween 7,852 and 35,514, inclusive, in such population, multiplied by 3.375; and (V) the number of such children in ex- cess of 35,514 in such population, multi- plied by 4.5. (3) States with an equity factor greater than or equal to .20 In States with an equity factor greater than or equal to .20, the weighted child counts re- ferred to in subsection (d) shall be calculated as follows: (A) Weights for allocations to counties (i) In general For each fiscal year for which the Sec- retary uses county population data to cal- culate grants, the weighted child count used to determine a county’s allocation under this section is the larger of the two amounts determined under clauses (ii) and (iii). (ii) By percentage of children The amount referred to in clause (i) is determined by adding— (I) the number of children determined under section 6333(c) of this title for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such pop- ulation, multiplied by 2.0; (III) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such pop- ulation, multiplied by 4.0; (IV) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such pop- ulation, multiplied by 6.0; and (V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 8.0. (iii) By number of children The amount referred to in clause (i) is determined by adding— (I) the number of children determined under section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children be- tween 2,312 and 7,913, inclusive, in such population, multiplied by 2.0; (III) the number of such children be- tween 7,914 and 23,917, inclusive, in such population, multiplied by 3.0; (IV) the number of such children be- tween 23,918 and 93,810, inclusive, in such population, multiplied by 4.5; and (V) the number of such children in ex- cess of 93,811 in such population, multi- plied by 6.0. (B) Weights for allocations to local edu- cational agencies (i) In general For each fiscal year for which the Sec- retary uses local educational agency data, the weighted child count used to deter- mine a local educational agency’s grant under this section is the larger of the two amounts determined under clauses (ii) and (iii). (ii) By percentage of children The amount referred to in clause (i) is determined by adding— (I) the number of children determined under section 6333(c) of this title for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such pop- ulation, multiplied by 2.0; (III) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such pop- ulation, multiplied by 4.0; (IV) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such pop- ulation, multiplied by 6.0; and (V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 8.0. (iii) By number of children The amount referred to in clause (i) is determined by adding— (I) the number of children determined under section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children be- tween 692 and 2,262, inclusive, in such population, multiplied by 2.0; (III) the number of such children be- tween 2,263 and 7,851, inclusive, in such population, multiplied by 3.0; (IV) the number of such children be- tween 7,852 and 35,514, inclusive, in such population, multiplied by 4.5; and (V) the number of such children in ex- cess of 35,514 in such population, multi- plied by 6.0. Page 1380 TITLE 20—EDUCATION § 6337 (e) Maintenance of effort (1) In general A State is entitled to receive its full allot- ment of funds under this section for any fiscal year if the Secretary finds that the State’s fis- cal effort per student or the aggregate expend- itures of the State with respect to the provi- sion of free public education by the State for the preceding fiscal year was not less than 90 percent of the fiscal effort or aggregate ex- penditures for the second preceding fiscal year, subject to the requirements of paragraph (2). (2) Reduction in case of failure to meet (A) In general The Secretary shall reduce the amount of the allotment of funds under this section for any fiscal year in the exact proportion by which a State fails to meet the requirement of paragraph (1) by falling below 90 percent of both the fiscal effort per student and ag- gregate expenditures (using the measure most favorable to the State), if such State has also failed to meet such requirement (as determined using the measure most favor- able to the State) for 1 or more of the 5 im- mediately preceding fiscal years. (B) Special rule No such lesser amount shall be used for computing the effort required under para- graph (1) for subsequent years. (3) Waiver The Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to— (A) exceptional or uncontrollable cir- cumstances, such as a natural disaster or a change in the organizational structure of the State; or (B) a precipitous decline in the financial resources of the State. (f) Adjustments where necessitated by appro- priations (1) In general If the sums available under this section for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive to carry out this section for such year, the Secretary shall rat- ably reduce the allocations to such local edu- cational agencies, subject to paragraphs (2) and (3). (2) Additional funds If additional funds become available for making payments under this section for such fiscal year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced. (3) Hold-harmless amounts For each fiscal year, if sufficient funds are available, the amount made available to each local educational agency under this section 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 is not less than 30 percent of the total number of chil- dren 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. (4) Applicability Notwithstanding any other provision of law, the Secretary shall not take into consider- ation the hold-harmless provisions of this sub- section for any fiscal year for purposes of cal- culating State or local allocations for the fis- cal year under any program administered by the Secretary other than a program author- ized under this part. (Pub. L. 89–10, title I, § 1125A, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1525; amended Pub. L. 114–95, title I, § 1017, Dec. 10, 2015, 129 Stat. 1878.) Editorial Notes PRIOR PROVISIONS A prior section 6337, Pub. L. 89–10, title I, § 1126, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3577, related to special allocation procedures, prior to the general amendment of this subchapter by Pub. L. 107–110. See section 6338 of this title. A prior section 1125A of Pub. L. 89–10 was classified to section 6336 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 1017(1), substituted ‘‘funds made available under section 6332(a) of this title’’ for ‘‘funds appropriated under subsection (f) of this section’’. Subsec. (b)(1)(A). Pub. L. 114–95, § 1017(2)(A), sub- stituted ‘‘funds made available for any fiscal year to carry out this section’’ for ‘‘funds appropriated pursu- ant to subsection (f) of this section’’ in introductory provisions. Subsec. (b)(1)(B)(i). Pub. L. 114–95, § 1017(2)(B), sub- stituted ‘‘the total amount reserved under section 6332(a) of this title to carry out this section’’ for ‘‘total appropriations’’. Subsec. (c). Pub. L. 114–95, § 1017(3), redesignated pars. (A) and (B) as (1) and (2), respectively. Subsec. (d)(1)(A)(ii). Pub. L. 114–95, § 1017(4), struck out opening quotation marks before ‘‘(i)’’ in introduc- tory provisions. Subsec. (e). Pub. L. 114–95, § 1017(5), added subsec. (e) and struck out former subsec. (e) which related to gen- eral rule for full allotment of funds, reduction of funds in any fiscal year where State fails to meet require- ments, and equitable waiver of requirements for 1 fiscal year only. Subsec. (f). Pub. L. 114–95, § 1017(6), (7), redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: ‘‘There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and for each of the 5 succeeding fiscal years.’’ Subsec. (f)(1). Pub. L. 114–95, § 1017(8)(A), substituted ‘‘to carry out this section’’ for ‘‘under this section’’. Subsec. (f)(3). Pub. L. 114–95, § 1017(8)(B), substituted ‘‘shall be—’’ for ‘‘shall be’’ in introductory provisions. Subsec. (g). Pub. L. 114–95, § 1017(7), redesignated sub- sec. (g) as (f). Page 1381 TITLE 20—EDUCATION § 6361 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6338. Special allocation procedures (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 de- scribed in section 6333(c)(1)(B) of this title, the State educational agency shall, if such agency assumes responsibility for the special edu- cational needs of such children, receive the portion of such local educational agency’s al- location under sections 6333, 6334, 6335, and 6337 of this title that is attributable to such chil- dren. (2) Special rule If the State educational agency does not as- sume such responsibility, any other State or local public agency that does assume such re- sponsibility 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 geo- graphical area; (2) if a local educational agency provides free public education for children who reside in the school district of another local edu- cational 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 agen- cy would receive under sections 6333, 6334, 6335, and 6337 of this title is more than such local edu- cational 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. (Pub. L. 89–10, title I, § 1126, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1534.) Editorial Notes PRIOR PROVISIONS A prior section 6338, Pub. L. 89–10, title I, § 1127, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3577, related to carryover and waiver, prior to the gen- eral amendment of this subchapter by Pub. L. 107–110. A prior section 1126 of Pub. L. 89–10 was classified to section 6337 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110. § 6339. Carryover and waiver (a) Limitation on carryover Notwithstanding section 1225(b) of this title or any other provision of law, not more than 15 per- cent of the funds allocated to a local edu- cational agency for any fiscal year under this subpart (but not including funds received through any reallocation under this subpart) may remain available for obligation by such agency for one additional fiscal year. (b) Waiver A State educational agency may, once every 3 years, waive the percentage limitation in sub- section (a) if— (1) the agency determines that the request of a local educational agency is reasonable and necessary; or (2) supplemental appropriations for this sub- part become available. (c) Exclusion The percentage limitation under subsection (a) shall not apply to any local educational agency that receives less than $50,000 under this subpart for any fiscal year. (Pub. L. 89–10, title I, § 1127, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1534.) Editorial Notes PRIOR PROVISIONS A prior section 1127 of Pub. L. 89–10 was classified to section 6338 of this title, prior to the general amend- ment of this subchapter by Pub. L. 107–110. PART B—STATE ASSESSMENT GRANTS Editorial Notes CODIFICATION Part B of title I of the Elementary and Secondary Education Act of 1965, comprising this part, was origi- nally enacted in the general amendment of title I of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, by Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1535, and amended by Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 11; Pub. L. 110–154, Dec. 21, 2007, 121 Stat. 1826; Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Part B is shown herein, however, as having been added by Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1879, without ref- erence to those intervening amendments because of the extensive revision of part B by Pub. L. 114–95. See Codi- fication note preceding section 6301 of this title. § 6361. Grants for State assessments and related activities (a) Grants authorized From amounts made available in accordance with section 6363 of this title, the Secretary shall make grants to State educational agencies to enable the States to carry out 1 or more of the following: (1) To pay the costs of the development of the State assessments and standards adopted under section 6311(b) of this title, which may include the costs of working in voluntary part- nerships with other States, at the sole discre- tion of each such State. (2) If a State has developed the assessments adopted under section 6311(b) of this title, to administer those assessments or to carry out