20 U.S.C. § 6433 — State reallocation of funds

Page 1400 TITLE 20—EDUCATION § 6433 (A) the number of neglected or delinquent children and youth described in section 6431 of this title who— (i) are enrolled for at least 15 hours per week in education programs in adult cor- rectional institutions; and (ii) are enrolled for at least 20 hours per week— (I) in education programs in institu- tions for neglected or delinquent chil- dren and youth; or (II) in community day programs for ne- glected or delinquent children and youth; and (B) 40 percent of the average per-pupil ex- penditure in the State, except that the amount determined under this subparagraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil ex- penditure in the United States. (2) Special rule The number of neglected or delinquent chil- dren and youth determined under paragraph (1) shall— (A) be determined by the State agency by a deadline set by the Secretary, except that no State agency shall be required to deter- mine the number of such children and youth on a specific date set by the Secretary; and (B) be adjusted, as the Secretary deter- mines is appropriate, to reflect the relative length of such agency’s annual programs. (b) Subgrants to State agencies in Puerto Rico (1) In general For each fiscal year, the amount of the subgrant which a State agency in the Com- monwealth of Puerto Rico shall be eligible to receive under this subpart shall be the amount determined by multiplying the number of chil- dren counted under subsection (a)(1)(A) for the Commonwealth of Puerto Rico by the product of— (A) the percentage which the average per- pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per- pupil expenditure of any of the 50 States; and (B) 32 percent of the average per-pupil ex- penditure in the United States. (2) Minimum percentage The percentage in paragraph (1)(A) shall not be less than 85 percent. (3) Limitation If the application of paragraph (2) would re- sult in any of the 50 States or the District of Columbia receiving less under this subpart than it received under this subpart for the pre- ceding fiscal year, then the percentage de- scribed in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of— (A) the percentage in paragraph (1)(A) for such fiscal year; or (B) the percentage used for the preceding fiscal year. (c) Ratable reductions in case of insufficient ap- propriations If the amount appropriated for any fiscal year for subgrants under subsections (a) and (b) is in- sufficient to pay the full amount for which all State agencies are eligible under such sub- sections, the Secretary shall ratably reduce each such amount. (Pub. L. 89–10, title I, § 1412, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1581; amended Pub. L. 114–95, title I, § 1401(2), Dec. 10, 2015, 129 Stat. 1900.) Editorial Notes PRIOR PROVISIONS A prior section 6432, Pub. L. 89–10, title I, § 1412, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3592, related to allocation of funds, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Subsec. (b)(2). Pub. L. 114–95 added par. (2) and struck out former par. (2) which related to minimum percentage for fiscal year 2002, fiscal year 2003, fiscal year 2004, and fiscal year 2005 and succeeding fiscal years. 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. § 6433. State reallocation of funds If a State educational agency determines that a State agency does not need the full amount of the subgrant for which such State agency is eli- gible under this subpart for any fiscal year, the State educational agency may reallocate the amount that will not be needed to other eligible State agencies that need additional funds to carry out the purpose of this part, in such amounts as the State educational agency shall determine. (Pub. L. 89–10, title I, § 1413, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1582.) Editorial Notes PRIOR PROVISIONS A prior section 6433, Pub. L. 89–10, title I, § 1413, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3593, related to State reallocation of funds, prior to the general amendment of this subchapter by Pub. L. 107–110. § 6434. State plan and State agency applications (a) State plan (1) In general Each State educational agency that desires to receive a grant under this subpart shall sub- mit, for approval by the Secretary, a plan— (A) for meeting the educational needs of neglected, delinquent, and at-risk children and youth; (B) for assisting in the transition of chil- dren and youth between correctional facili- ties and locally operated programs; and