§6332. Allocations to States

(a) In general

(1) Fiscal year 1995

For fiscal year 1995, appropriations for this part shall be allocated according to the provisions of sections 1005, except subsection (a)(3), and 1006, part A of chapter 1 of title I, Elementary and Secondary Education Act of 1965, as in effect on September 30, 1994, except that the State minimum for section 1005 shall be the lesser of 0.25 percent of total appropriations or the average of 0.25 percent of total appropriations and 150 percent of the national average grant per child counted for grants under section 1005 multiplied by the State's number of children counted for such grants, and for grants under section 1006, the State minimum shall be the lesser of-

(A) 0.25 percent of total appropriations; and

(B) the average of-

(i) 0.25 percent of total appropriations; and

(ii) the greater of 150 percent of the national average grant per child counted for grants under such section 1006 multiplied by the State ¹ total number of such children, or $340,000.

(2) Succeeding fiscal years

For fiscal years 1996 through 1999, an amount of the appropriations for this part equal to the appropriation for fiscal year 1995 for section 1005, shall be allocated in accordance with section 6333 of this title, and an amount equal to the appropriation for fiscal year 1995 for section 1006 shall be allocated in accordance with section 6334 of this title. Any additional appropriations under section 6302(a) of this title for any fiscal year, after application of the preceding sentence, shall be allocated in accordance with section 6335 of this title.

(b) Adjustments where necessitated by appropriations

(1) In general

If the sums available under this part for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive under sections 6333, 6334, and 6335 of this title for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to subsections (c) and (d) of this section.

(2) Additional funds

If additional funds become available for making payments under sections 6333, 6334, and 6335 of this title for such fiscal year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced.

(c) Hold-harmless amounts

(1) In general

For fiscal year 1995, notwithstanding subsection (b) of this section and without regard to amounts available for delinquent children under subpart 2 of part D of this subchapter, the amount made available to each local educational agency under such section 1005 shall be at least 85 percent of the amount such local educational agency received for the preceding year under such section 1005.

(2) Fiscal year 1996

Notwithstanding subsection (b) of this section and without regard to amounts available for delinquent children under subpart 2 of part D of this subchapter, for fiscal year 1996 the total amount made available to each local educational agency under each of sections 6333 and 6334 of this title for any fiscal year shall be at least 100 percent of the total amount such local educational agency was allocated under such sections (or their predecessor authorities) for the preceding fiscal year.

(3) Fiscal years 1997 through 1999

For fiscal years 1997 through 1999, notwithstanding subsection (b) of this section and without regard to amounts available for delinquent children under subpart 2 of part D of this subchapter, the amount made available to each local educational agency under each of sections 6333 and 6335 of this title shall be at least 95 percent of the previous year's amount if the number of children counted for grants under section 6333 of this title is at least 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency, 90 percent of the previous year amount if this percentage is between 15 percent and 30 percent, and 85 percent if this percentage is below 15 percent. For fiscal years 1997 and 1998, in calculating grants on the basis of population data for counties, the Secretary shall apply the hold-homeless ² percentages in the preceding sentence to counties. For fiscal years 1996 through 1998, if the Secretary's allocation for a county is not sufficient to meet the hold-harmless requirements of this paragraph for every local educational agency within that county, then the State educational agency shall reallocate funds proportionately from all other local educational agencies in the State that are receiving funds in excess of the hold-harmless amounts specified in this paragraph.

(d) Ratable reductions

(1) In general

If the sums made available under this part for any fiscal year are insufficient to pay the full amounts that all States are eligible to receive under subsection (c) of this section for such year, the Secretary shall ratably reduce such amounts for such year.

(2) Additional funds

If additional funds become available for making payments under subsection (c) of this section for such fiscal year, amounts that were reduced under paragraph (1) shall be increased on the same basis as such amounts reduced.

(e) "State" defined

For the purpose of this section and sections 6333 and 6335 of this title, the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(Pub. L. 89–10, title I, §1122, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3562 .)

References in Text

Sections 1005 and 1006 of part A of chapter 1 of title I of the Elementary and Secondary Education Act of 1965, as in effect on September 30, 1994, referred to in subsecs. (a) and (c)(1), mean sections 1005 and 1006 of Pub. L. 89–10, as added by Pub. L. 100–297, title I, §1001, Apr. 28, 1988, 102 Stat. 141 , 146, as amended, which were classified to sections 2711 and 2712, respectively, of this title prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519 .

Section Referred to in Other Sections

This section is referred to in sections 6333, 6334, 6335 of this title; title 42 section 11432.

¹ So in original. Probably should be "State's".

² So in original. Probably should be "hold-harmless".