2018 US Code
Title 20 - Education
Chapter 70 - Strengthening and Improvement of Elementary and Secondary Schools
Subchapter I - Improving the Academic Achievement of the Disadvantaged
Part A - Improving Basic Programs Operated by Local Educational Agencies
Subpart 2 - Allocations
Sec. 6338 - Special allocation procedures

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Citation 20 U.S.C. § 6338 (2018)
Section Name §6338. Special allocation procedures
Section Text (a) Allocations for neglected children (1) In general

If a State educational agency determines that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children who are living in institutions for neglected children as described in section 6333(c)(1)(B) of this title, the State educational agency shall, if such agency assumes responsibility for the special educational needs of such children, receive the portion of such local educational agency's allocation under sections 6333, 6334, 6335, and 6337 of this title that is attributable to such children.

(2) Special rule

If the State educational agency does not assume such responsibility, any other State or local public agency that does assume such responsibility shall receive that portion of the local educational agency's allocation.

(b) Allocations among local educational agencies

The State educational agency may allocate the amounts of grants under sections 6333, 6334, 6335, and 6337 of this title among the affected local educational agencies—

(1) if two or more local educational agencies serve, in whole or in part, the same geographical area;

(2) if a local educational agency provides free public education for children who reside in the school district of another local educational agency; or

(3) to reflect the merger, creation, or change of boundaries of one or more local educational agencies.

(c) Reallocation

If a State educational agency determines that the amount of a grant a local educational agency would receive under sections 6333, 6334, 6335, and 6337 of this title is more than such local educational agency will use, the State educational agency shall make the excess amount available to other local educational agencies in the State that need additional funds in accordance with criteria established by the State educational agency.

Source Credit

(Pub. L. 89–10, title I, §1126, as added Pub. L. 107–110, title I, §101, Jan. 8, 2002, 115 Stat. 1534.)

Editorial Notes PRIOR PROVISIONS

A prior section 6338, Pub. L. 89–10, title I, §1127, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3577, related to carryover and waiver, prior to the general amendment of this subchapter by Pub. L. 107–110.

A prior section 1126 of Pub. L. 89–10 was classified to section 6337 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

Publication Title United States Code, 2018 Edition, Title 20 - EDUCATION
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 20 - EDUCATION
CHAPTER 70 - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS
SUBCHAPTER I - IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Part A - Improving Basic Programs Operated by Local Educational Agencies
subpart 2 - allocations
Sec. 6338 - Special allocation procedures
Contains section 6338
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Statutes at Large References 108 Stat. 3577
115 Stat. 1534
Public Law References Public Law 89-10, Public Law 103-382, Public Law 107-110
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