20 U.S.C. § 6824 | Within-State allocations

(a)

In general

section 6821(c)(2) of this title section 6826 of this titleAfter making the reservation required under subsection (d)(1), each State educational agency receiving a grant under shall award subgrants for a fiscal year by allocating in a timely manner to each eligible entity in the State having a plan approved under an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in schools served by the eligible entity bears to the population of English learners in schools served by all eligible entities in the State.

(b)

Limitation

A State educational agency shall not award a subgrant from an allocation made under subsection (a) if the amount of such subgrant would be less than $10,000.

(c)

Reallocation

Whenever a State educational agency determines that an amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, to other eligible entities in the State that the agency determines will use the amount to carry out that purpose.

(d)

Required reservation

A State educational agency receiving a grant under this subpart for a fiscal year—

(1)

section 6821(c)(2) of this title shall reserve not more than 15 percent of the agency’s allotment under to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal years, in the percentage or number of immigrant children and youth, who have enrolled, during the fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and

(2)

in awarding subgrants under paragraph (1)—

(A)

shall equally consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth; and

(B)

section 6826 of this title shall consider the quality of each local plan under and ensure that each subgrant is of sufficient size and scope to meet the purposes of this part.

Pub. L. 89–10, title III, § 3114 Pub. L. 107–110, title III, § 301Jan. 8, 2002115 Stat. 1696 Pub. L. 114–95, title III, § 3003(e)Dec. 10, 2015129 Stat. 1958 (, as added , , ; amended , , .)

Editorial Notes

Prior Provisions

section 3114 of Pub. L. 89–10 section 6814 of this title Pub. L. 107–110A prior was classified to , prior to the general amendment of this subchapter by .

Amendments

Pub. L. 114–95, § 3003(e)(1)section 6821(c)(3) of this title section 6826 of this title2015—Subsec. (a). , added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “After making the reservation required under subsection (d)(1) of this section, each State educational agency receiving a grant under shall award subgrants for a fiscal year by allocating to each eligible entity in the State having a plan approved under an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of limited English proficient children in schools served by the eligible entity bears to the population of limited English proficient children in schools served by all eligible entities in the State.”

Pub. L. 114–95, § 3003(e)(2)Subsec. (d)(1). , substituted “section 6821(c)(2)” for “section 6821(c)(3)” and struck out “preceding the fiscal year” before “for which the subgrant is made”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .