U.S Code last checked for updates: Jun 18, 2024
§ 6393.
State allocations
(a)
State allocations
Except as provided in subsection (c), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part an amount equal to the product of—
(1)
the sum of—
(A)
the average number of identified eligible migratory children aged 3 through 21 residing in the State, based on data for the preceding 3 years; and
(B)
the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during the previous year; multiplied by
(2)
40 percent of the average per-pupil expenditure in the State, except that the amount determined under this paragraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States.
(b)
Hold harmless
(c)
Allocation to Puerto Rico
(1)
In general
For each fiscal year, the grant that the Commonwealth of Puerto Rico shall be eligible to receive under this part shall be the amount determined by multiplying the number of children who would be counted under subsection (a)(1) if such subsection applied to the Commonwealth of Puerto Rico by the product of—
(A)
the percentage that 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, subject to paragraphs (2) and (3); and
(B)
32 percent of the average per-pupil expenditure in the United States.
(2)
Minimum percentage
(3)
Limitation
(d)
Ratable reductions; reallocations
(1)
In general
(A)
Ratable reductions
(B)
Reallocation
(2)
Special rule
(A)
Further reductions
(B)
Reallocation
(e)
Consortium arrangements
(1)
In general
(2)
Proposals
(3)
Approval
The Secretary shall approve a consortium arrangement under paragraph (1) or (2) if the proposal demonstrates that the arrangement will—
(A)
reduce administrative costs or program function costs for State programs; and
(B)
make more funds available for direct services to add substantially to the academic achievement of children to be served under this part.
(f)
Determining numbers of eligible children
In order to determine the identified number of migratory children residing in each State for purposes of this section, the Secretary shall—
(1)
use the most recent information that most accurately reflects the actual number of migratory children;
(2)
develop and implement a procedure for monitoring the accuracy of such information;
(3)
develop and implement a procedure for more accurately reflecting cost factors for different types of summer and intersession program designs;
(4)
adjust the number of migratory children who reside in each State to take into account—
(A)
the unique needs of those children participating in effective special programs provided under this part that operate during the summer and intersession periods; and
(B)
the additional costs of operating such programs; and
(5)
conduct an analysis of the options for adjusting the formula so as to better direct services to migratory children, including the most at-risk migratory children.
(g)
Nonparticipating States
(Pub. L. 89–10, title I, § 1303, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1571; amended Pub. L. 114–95, title I, § 1301(b), Dec. 10, 2015, 129 Stat. 1894.)
cite as: 20 USC 6393