US Code

Public Law 119-73 (01/23/2026)

20 U.S.C. § 7305b

Transferability of funds

(a)

Transfers by States

(1)

In general

In accordance with this part, a State may transfer all, or any lesser amount, of State funds (including funds transferred under paragraph (2)) allotted to the State for use for State-level activities under the following provisions for a fiscal year to one or more of the State’s allotments for such fiscal year under any other of such provisions:
(A)
Part A of subchapter II.
(B)
Part A of subchapter IV.
(C)
Section 7172(c)(3) of this title .
(2)

Additional funds

In accordance with this part, a State may transfer any funds allotted to the State under a provision listed in paragraph (1) for a fiscal year to its allotment under any other of the following provisions:
(A)
Part A of subchapter I.
(B)
Part C of subchapter I.
(C)
Part D of subchapter I.
(D)
Part A of subchapter III.
(E)
Part B.
(b)

Transfers by local educational agencies

(1)

Authority to transfer funds

(A)

In general

In accordance with this part, a local educational agency may transfer all, or any lesser amount, of the funds allocated to it under each of the provisions listed in paragraph (2) for a fiscal year to one or more of its allocations for such fiscal year under any other provision listed in paragraph (2).

(B)

Additional funds

In accordance with this part, a local educational agency may transfer any funds allotted to such agency under a provision listed in paragraph (2) for a fiscal year to its allotment under any other of the following provisions:
(i)
Part A of subchapter I.
(ii)
Part C of subchapter I.
(iii)
Part D of subchapter I.
(iv)
Part A of subchapter III.
(v)
Part B.
(2)

Applicable provisions

A local educational agency may transfer funds under subparagraph (A) or (B) of paragraph (1) from allocations made under each of the following provisions:
(A)
Part A of subchapter II.
(B)
Part A of subchapter IV.
(c)

No transfer of certain funding

A State or local educational agency may not transfer under this part to any other program any funds allotted or allocated to it for the following provisions:
(1)
Part A of subchapter I.
(2)
Part C of subchapter I.
(3)
Part D of subchapter I.
(4)
Part A of subchapter III.
(5)
Part B.
(d)

Modification of plans and applications; notification

(1)

State transfers

Each State that makes a transfer of funds under this section shall—
(A)
modify, to account for such transfer, each State plan, or application submitted by the State, to which such funds relate;
(B)
not later than 30 days after the date of such transfer, submit a copy of such modified plan or application to the Secretary; and
(C)
not later than 30 days before the effective date of such transfer, notify the Secretary of such transfer.
(2)

Local transfers

Each local educational agency that makes a transfer of funds under this section shall—
(A)
modify, to account for such transfer, each local plan, or application submitted by the agency, to which such funds relate;
(B)
not later than 30 days after the date of such transfer, submit a copy of such modified plan or application to the State; and
(C)
not later than 30 days before the effective date of such transfer, notify the State of such transfer.
(e)

Applicable rules

(1)

In general

Except as otherwise provided in this part, funds transferred under this section are subject to each of the rules and requirements applicable to the funds under the provision to which the transferred funds are transferred.

(2)

Consultation

section 7881 of this titleEach State educational agency or local educational agency that transfers funds under this section shall conduct consultations in accordance with , if such transfer transfers funds from a program that provides for the participation of students, teachers, or other educational personnel, from private schools.

Pub. L. 89–10, title V, § 5103Pub. L. 107–110, title VI, § 601115 Stat. 1876Pub. L. 114–95, title V129 Stat. 2039(, formerly title VI, § 6123, as added , , ; renumbered title V, § 5103, and amended , §§ 5001(a)(1), 5002(3), (5), , , 2040.)

Editorial Notes

Prior Provisions

section 5103 of Pub. L. 89–10section 7203 of this titlePub. L. 107–110A prior was classified to , prior to the general amendment of former subchapter V of this chapter by .

section 5103 of Pub. L. 89–10section 3173 of this titlePub. L. 89–10Pub. L. 103–382Another prior was classified to , prior to the general amendment of by .

Pub. L. 114–95, § 5129 Stat. 1806Prior sections 7311 to 7311b, 7315 to 7315c, 7321 to 7321e, and 7325 to 7325c were repealed by , title V, § 5001(b)(1), , , 2040, effective , except with respect to certain noncompetitive programs and competitive programs.

Pub. L. 89–10, title V, § 6131Pub. L. 107–110, title VI, § 601115 Stat. 1878Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7311, , formerly title VI, § 6131, as added , , ; renumbered title V, § 6131, , , , provided that former subpart 3 of this part could be cited as the “State and Local Flexibility Demonstration Act”.

Pub. L. 89–10, title VI, § 6101Pub. L. 103–382, title I, § 101108 Stat. 3708Pub. L. 107–110A prior section 7311, , as added , , , related to allotment to States, prior to the general amendment of former subchapter VI of this chapter by .

Pub. L. 89–10, title V, § 6132Pub. L. 107–110, title VI, § 601115 Stat. 1878Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7311a, , formerly title VI, § 6132, as added , , ; renumbered title V, § 6132, , , , stated the purpose of former subpart 3 of this part.

Pub. L. 89–10, title V, § 6133Pub. L. 107–110, title VI, § 601115 Stat. 1878Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7311b, , formerly title VI, § 6133, as added , , ; renumbered title V, § 6133, , , , provided that any State that is one local educational agency would be considered a State educational agency and not a local educational agency.

Pub. L. 89–10, title VI, § 6102Pub. L. 103–382, title I, § 101108 Stat. 3708Pub. L. 107–110A prior section 7312, , as added , , , which related to allocation to local educational agencies, was omitted in the general amendment of former subchapter VI of this chapter by .

Pub. L. 89–10, title V, § 6141Pub. L. 107–110, title VI, § 601115 Stat. 1879Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7315, , formerly title VI, § 6141, as added , , ; renumbered title V, § 6141, , , , related to State flexibility.

Pub. L. 89–10, title V, § 6142Pub. L. 107–110, title VI, § 601115 Stat. 1883Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7315a, , formerly title VI, § 6142, as added , , ; renumbered title V, § 6142, , , , related to consolidation and use of funds under a grant of flexibility authority.

Pub. L. 89–10, title V, § 6143Pub. L. 107–110, title VI, § 601115 Stat. 1883Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7315b, , formerly title VI, § 6143, as added , , ; renumbered title V, § 6143, , , , related to midterm and final performance reviews and penalties regarding grants of flexibility authority.

Pub. L. 89–10, title V, § 6144Pub. L. 107–110, title VI, § 601115 Stat. 1884Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7315c, , formerly title VI, § 6144, as added , , ; renumbered title V, § 6144, , , , provided for renewal of grant of flexibility authority.

Pub. L. 89–10, title V, § 6151Pub. L. 107–110, title VI, § 601115 Stat. 1884Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7321, , formerly title VI, § 6151, as added , , ; renumbered title V, § 6151, , , , related to local flexibility demonstration agreements.

Pub. L. 89–10, title V, § 6152Pub. L. 107–110, title VI, § 601115 Stat. 1888Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7321a, , formerly title VI, § 6152, as added , , ; renumbered title V, § 6152, , , , related to consolidation and use of funds under a local flexibility demonstration agreement.

Pub. L. 89–10, title V, § 6153Pub. L. 107–110, title VI, § 601115 Stat. 1889Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7321b, , formerly title VI, § 6153, as added , , ; renumbered title V, § 6153, , , , related to limitations on administrative expenditures.

Pub. L. 89–10, title V, § 6154Pub. L. 107–110, title VI, § 601115 Stat. 1889Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7321c, , formerly title VI, § 6154, as added , , ; renumbered title V, § 6154, , , , related to midterm and final performance reviews and penalties regarding local flexibility demonstration agreements.

Pub. L. 89–10, title V, § 6155Pub. L. 107–110, title VI, § 601115 Stat. 1889Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7321d, , formerly title VI, § 6155, as added , , ; renumbered title V, § 6155, , , , provided for renewal of local flexibility demonstration agreement.

Pub. L. 89–10, title V, § 6156Pub. L. 107–110, title VI, § 601115 Stat. 1890Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7321e, , formerly title VI, § 6156, as added , , ; renumbered title V, § 6156, , , , related to transmittal of reports to Congress and limitation on required information.

Pub. L. 89–10, title V, § 6161Pub. L. 107–110, title VI, § 601115 Stat. 1890Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7325, , formerly title VI, § 6161, as added , , ; renumbered title V, § 6161, , , , related to accountability for adequate yearly progress.

Pub. L. 89–10, title V, § 6162Pub. L. 107–110, title VI, § 601115 Stat. 1890Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7325a, , formerly title VI, § 6162, as added , , ; renumbered title V, § 6162, , , , related to peer review of State progress.

Pub. L. 89–10, title V, § 6163Pub. L. 107–110, title VI, § 601115 Stat. 1890Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7325b, , formerly title VI, § 6163, as added , , ; renumbered title V, § 6163, , , , related to provision of technical assistance to States not making adequate yearly progress or meeting annual measurable achievement objectives.

Pub. L. 89–10, title V, § 6164Pub. L. 107–110, title VI, § 601115 Stat. 1891Pub. L. 114–95, title V, § 5001(a)129 Stat. 2039Section 7325c, , formerly title VI, § 6164, as added , , ; renumbered title V, § 6164, , , , required annual reports to Congress.

Pub. L. 107–110Prior sections 7331 and 7332 were omitted in the general amendment of former subchapter VI by .

Pub. L. 89–10, title VI, § 6201Pub. L. 103–382, title I, § 101108 Stat. 3709Pub. L. 105–278, § 2(1)112 Stat. 2682Section 7331, , as added , , ; amended , , , related to State uses of funds.

Pub. L. 89–10, title VI, § 6202Pub. L. 103–382, title I, § 101108 Stat. 3710Section 7332, , as added , , , related to State applications.

Amendments

Pub. L. 114–95, § 5002(5)(A)(i)2015—Subsec. (a)(1). , substituted “all, or any lesser amount, of State funds” for “not more than 50 percent of the nonadministrative State funds” in introductory provisions, added subpars. (A) to (C), and struck out former subpars. (A) to (D) which read as follows:

Section 6613(a)(3) of this title“(A) .

Section 6762(a)(1) of this title“(B) .

section 7112 of this titlesection 7172(c)(3) of this title“(C) Subsections (a)(1) (with the agreement of the Governor) and (c)(1) of and .

Section 7211a(b) of this title“(D) .”

Pub. L. 114–95, § 5002(3), substituted “part” for “subpart” in introductory provisions.

Pub. L. 114–95, § 5002(5)(A)(ii)Subsec. (a)(2). , added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “In accordance with this subpart and subject to the 50 percent limitation described in paragraph (1), a State may transfer any funds allotted to the State under a provision listed in paragraph (1) to its allotment under subchapter I of this chapter.”

Pub. L. 114–95, § 5002(3)section 6316(c) of this titlesection 6316(c)(9) of this titleSubsec. (b)(1)(A). , (5)(B)(i)(I), substituted “part” for “subpart” and “may transfer all, or any lesser amount, of the funds allocated to it” for “(except a local educational agency identified for improvement under or subject to corrective action under ) may transfer not more than 50 percent of the funds allocated to it (including funds transferred under subparagraph (C))”.

Pub. L. 114–95, § 5002(5)(B)(i)(II)Subsec. (b)(1)(B), (C). , added subpar. (B) and struck out former subpars. (B) and (C) which permitted transfers of allocated funds for agencies identified for improvement and for additional funds for subchapter I.

Pub. L. 114–95, § 5002(5)(B)(ii)Subsec. (b)(2). , substituted “subparagraph (A) or (B)” for “subparagraph (A), (B), or (C)” in introductory provisions, added subpars. (A) and (B), and struck out former subpars. (A) to (D) which read as follows:

Section 6621 of this title“(A) .

Section 6762(a)(2)(A) of this title“(B) .

Section 7112(b)(1) of this title“(C) .

Section 7211a(a) of this title“(D) .”

Pub. L. 114–95, § 5002(5)(C)Subsec. (c). , added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “A State or a local educational agency may not transfer under this subpart to any other program any funds allotted or allocated to it for part A of subchapter I of this chapter.”

Pub. L. 114–95, § 5002(3)Subsec. (e)(1). , substituted “part” for “subpart”.

Pub. L. 114–95, § 5002(5)(D)section 7881 of this titleSubsec. (e)(2). , made technical amendment to reference in original act which appears in text as reference to .

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

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