20 U.S.C. § 6338 — Special allocation procedures

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