20 U.S.C. § 6335 — Targeted grants to local educational agen-

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 Page 1375 TITLE 20—EDUCATION § 6335 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multi- plied by 1.0; (ii) the number of such children who con- stitute more than 15.00 percent, but not more than 19.00 percent, of such popu- lation, 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 popu- lation, 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 popu- lation, multiplied by 3.25; and (v) the number of such children who con- stitute more than 29.20 percent of such population, multiplied by 4.0. (C) By number 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 who con- stitute 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 between 2,312 and 7,913, inclusive, in such popu- lation, multiplied by 1.5; (iii) the number of such children between 7,914 and 23,917, inclusive, in such popu- lation, multiplied by 2.0; (iv) the number of such children between 23,918 and 93,810, inclusive, in such popu- lation, multiplied by 2.5; and (v) the number of such children in excess of 93,811 in such population, multiplied by 3.0. (D) Puerto Rico Notwithstanding subparagraph (A), the weighting factor for the Commonwealth of Puerto Rico under this paragraph shall not be greater than the total number of children counted under section 6333(c) of this title multiplied by 1.82. (2) Weights for allocations to local educational agencies (A) In general For each fiscal year for which the Sec- retary uses local educational agency data, the weighted child count used to determine a local educational agency’s grant 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 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 con- stitute more than 15.58 percent, but not more than 22.11 percent, of such popu- lation, 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 popu- lation, 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 popu- lation, multiplied by 3.25; and (v) the number of such children who con- stitute more than 38.24 percent of such population, multiplied by 4.0. (C) By number 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 who con- stitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, in- clusive, multiplied by 1.0; (ii) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 1.5; (iii) the number of such children between 2,263 and 7,851, inclusive, in such popu- lation, multiplied by 2.0; (iv) the number of such children between 7,852 and 35,514, inclusive, in such popu- lation, multiplied by 2.5; and (v) the number of such children in excess of 35,514 in such population, multiplied by 3.0. (D) Puerto Rico Notwithstanding subparagraph (A), the weighting factor for the Commonwealth of Puerto Rico under this paragraph shall not be greater than the total number of children counted under section 6333(c) of this title multiplied by 1.82. (d) Calculation of grant amounts Grant amounts under this section shall be cal- culated in the same manner as grant amounts are calculated under section 6333(a)(2) and (3) of this title. (e) 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 allot- ted at least the lesser of— (1) 0.35 percent of the total amount available to carry out this section; or (2) the average of— (A) 0.35 percent of the total amount avail- able to carry out this section; and (B) 150 percent of the national average grant under this section per child described in section 6333(c) of this title, without appli- cation of a weighting factor, multiplied by the State’s total number of children de- scribed in section 6333(c) of this title, with- out application of a weighting factor. (Pub. L. 89–10, title I, § 1125, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1522.) Editorial Notes PRIOR PROVISIONS A prior section 6335, Pub. L. 89–10, title I, § 1125, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3571, related to targeted grants to local educational 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).