20 U.S.C. § 6334 — Concentration grants to local educational

Page 1373 TITLE 20—EDUCATION § 6334 dated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. (4) Other children to be counted (A) For the purpose of this section, the Sec- retary shall determine the number of children aged 5 to 17, inclusive, from families above the poverty level on the basis of the number of such children from families receiving an an- nual income, in excess of the current criteria of poverty, from payments under a State pro- gram funded under part A of title IV of the So- cial Security Act [42 U.S.C. 601 et seq.]; and in making such determinations, the Secretary shall use the criteria of poverty used by the Bureau of the Census in compiling the most recent decennial census for a family of four in such form as those criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. (B) The Secretary shall determine the num- ber of such children and the number of chil- dren aged 5 through 17 living in institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the caseload data for the month of October of the preceding fiscal year (using, in the case of children described in the pre- ceding sentence, the criteria of poverty and the form of such criteria required by such sen- tence which were determined for the calendar year preceding such month of October) or, to the extent that such data are not available to the Secretary before January of the calendar year in which the Secretary’s determination is made, then on the basis of the most recent re- liable data available to the Secretary at the time of such determination. (C) Except for the data on children living in institutions for neglected or delinquent chil- dren, the Secretary of Health and Human Services shall collect and transmit the infor- mation required by this subparagraph to the Secretary not later than January 1 of each year. (D) For the purpose of this section, the Sec- retary shall consider all children who are in correctional institutions to be living in insti- tutions for delinquent children. (5) Estimate When requested by the Secretary, the Sec- retary of Commerce shall make a special up- dated estimate of the number of children of such ages who are from families below the poverty level (as determined under paragraph (1)(A)) in each school district, and the Sec- retary is authorized to pay (either in advance or by way of reimbursement) the Secretary of Commerce the cost of making this special esti- mate. The Secretary of Commerce shall give consideration to any request of the chief exec- utive of a State for the collection of additional census information. (d) State minimum Notwithstanding section 6332 of this title, the aggregate amount allotted for all local edu- cational agencies within a State may not be less than the lesser of— (1) 0.25 percent of the total amount allocated to States under this section for fiscal year 2001, plus 0.35 percent of the total amount allo- cated to States under this section in excess of the amount allocated for fiscal year 2001; or (2) the average of— (A) the amount calculated in paragraph (1), above; and (B) the number of children in such State counted under subsection (c) in the fiscal year multiplied by 150 percent of the na- tional average per-pupil payment made with funds available under this section for that year. (Pub. L. 89–10, title I, § 1124, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1516.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (c)(4)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified gen- erally to part A (§ 601 et seq.) of subchapter IV of chap- ter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see sec- tion 1305 of Title 42 and Tables. PRIOR PROVISIONS A prior section 6333, Pub. L. 89–10, title I, § 1124, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3564; amended Pub. L. 104–193, title I, § 110(j)(2), Aug. 22, 1996, 110 Stat. 2172, related to basic grants to local edu- cational agencies, prior to the general amendment of this subchapter by Pub. L. 107–110. § 6334. Concentration grants to local educational agencies (a) Eligibility for and amount of grants (1) In general (A) Except as otherwise provided in this paragraph, each local educational agency which is eligible for a grant under section 6333 of this title for any fiscal year is eligible for an additional grant under this section for that fiscal year if the number of children counted under section 6333(c) of this title in the agency exceeds either— (i) 6,500; or (ii) 15 percent of the total number of chil- dren aged 5 through 17 in the agency. (B) Notwithstanding section 6332 of this title, no State shall receive less than the less- er of— (i) 0.25 percent of the total amount allo- cated to States under this section for fiscal year 2001, plus 0.35 percent of the total amount allocated to States under this sec- tion in excess of the amount allocated for fiscal year 2001; or (ii) the average of— (I) the amount calculated under clause (i); and (II) the greater of— (aa) $340,000; or (bb) the number of children in such State counted for purposes of this sec- tion in that fiscal year multiplied by 150 percent of the national average per-pupil payment made with funds available under this section for that year. Page 1374 TITLE 20—EDUCATION § 6335 (2) Determination For each county or local educational agency eligible to receive an additional grant under this section for any fiscal year, the Secretary shall determine the product of— (A) the number of children counted under section 6333(c) of this title for that fiscal year; and (B) the amount in section 6333(a)(1)(B) of this title for each State except the Common- wealth of Puerto Rico, and the amount in section 6333(a)(4) of this title for the Com- monwealth of Puerto Rico. (3) Amount The amount of the additional grant for which an eligible local educational agency or county is eligible under this section for any fiscal year shall be an amount which bears the same ratio to the amount available to carry out this section for that fiscal year as the product determined under paragraph (2) for such local educational agency for that fiscal year bears to the sum of such products for all local educational agencies in the United States for that fiscal year. (4) Local allocations (A) Grant amounts under this section shall be determined in accordance with section 6333(a)(2), (3), and (4) of this title. (B) For any fiscal year for which the Sec- retary allocates funds under this section on the basis of counties, a State may reserve not more than 2 percent of its allocation under this section to make grants to local edu- cational agencies that meet the criteria of paragraph (1)(A)(i) or (ii) and are in ineligible counties that do not meet these criteria. (b) Small States In any State for which on January 8, 2002, the number of children counted under section 6333(c) of this title is less than 0.25 percent of the num- ber of those children counted for all States, the State educational agency shall allocate funds under this section among the local educational agencies in the State either— (1) in accordance with paragraphs (2) and (4) of subsection (a); or (2) based on their respective concentrations and numbers of children counted under section 6333(c) of this title, except that only those local educational agencies with concentra- tions or numbers of children counted under section 6333(c) of this title that exceed the statewide average percentage of such children or the statewide average number of such chil- dren shall receive any funds on the basis of this paragraph. (Pub. L. 89–10, title I, § 1124A, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1521.) Editorial Notes PRIOR PROVISIONS A prior section 6334, Pub. L. 89–10, title I, § 1124A, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3569, related to concentration grants to local edu- cational agencies, prior to the general amendment of this subchapter by Pub. L. 107–110. § 6335. Targeted grants to local educational agen- cies (a) Eligibility of local educational agencies (1) In general A local educational agency in a State is eli- gible to receive a targeted grant under this section for any fiscal year if— (A) the number of children in the local educational agency counted under section 6333(c) of this title, before application of the weighted child count described in subsection (c), is at least 10; and (B) 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 subsection (c), 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. (2) Special rule For any fiscal year for which the Secretary allocates funds under this section on the basis of counties, funds made available as a result of applying this subsection shall be reallocated by the State educational agency to other eligi- ble local educational agencies in the State in proportion to the distribution of other funds under this section. (b) Grants for local educational agencies, the District of Columbia, and the Commonwealth of Puerto Rico (1) In general The amount of the grant that a local edu- cational agency in a State (other than the Commonwealth of Puerto Rico) is eligible to receive under this section for any fiscal year shall be the product of— (A) the weighted child count determined under subsection (c); and (B) the amount determined under section 6333(a)(1)(B) of this title. (2) Puerto Rico For each fiscal year, the amount of the grant the Commonwealth of Puerto Rico is eli- gible to receive under this section shall be equal to the number of children counted under subsection (c) for the Commonwealth of Puer- to Rico, multiplied by the amount determined in section 6333(a)(4) of this title for the Com- monwealth of Puerto Rico. (c) Weighted child count (1) Weights for allocations to counties (A) 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 subparagraphs (B) and (C). (B) By percentage of children The amount referred to in subparagraph (A) 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