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LegalText 20 U.S.C. § 6338 Special allocation procedures us united_states_code code_section 20 EDUCATION 70 STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS 6338 20 U.S.C. § 6338 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip /us/usc/t20/s6338 data/legal/raw/us/code/title-20/usc20.xml e1a322733d91c070fa9d8b267be6415ff511e46dd278b5c8839f4c0a8056cb87 6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052 285d881765c58764bb09de74b4d6d1e2da8f3a8e4d077a67390201dfda4e98a3 2026-07-04 official
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20 U.S.C. § 6338 - Special allocation procedures

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 agencys 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 agencys 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.

(Pub. L. 8910, title I, § 1126, as added Pub. L. 107110, title I, § 101, Jan. 8, 2002, 115 Stat. 1534.)

Notes

Editorial Notes

Prior ProvisionsA prior section 6338, Pub. L. 8910, title I, § 1127, as added Pub. L. 103382, 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. 107110. A prior section 1126 of Pub. L. 8910 was classified to section 6337 of this title, prior to the general amendment of this subchapter by Pub. L. 107110.